IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.38300 OF 2017 (GM-KSR) BETWEEN:
NARAYANA SWAMY B S/O BYLAPPA, AGED ABOUT 42 YEARS, R/O NO.01, R R MEN’S PARLOUR, 8TH MAIN, SHIVANAGAR, RAJAJINAGAR, BENGALURU-560 010.
(BY MR. JAI PRAKASH REDDY M, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS SECRETARY M.S.BUILDING, BENGALURU-560 001.
2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, ZONE-2, 2ND FLOOR, CO-OPERATIVE FEDERATION BUILDING, RACE COURSE ROAD, BENGALURU-560 001.
3. THE ENQUIRY OFFICER KARNATAKA RAJYA SAVITHA SAMAJA (R) AND SALES OFFICER OFFICE O/O ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, 2ND CIRCLE, BENGALURU URBAN DISTRICT, BENGALURU-560 001.
… PETITIONER 4. KARNATAKA RAJYA SAVITHA SAMAJA (R) NO.21, SAVITHA BHAVANA, JOURNALISTS COLONY, BENGALURU-560 002 BY ITS SECRETARY.
(BY MR. V SHIVAREDDY, HCGP FOR R-1 & 2 MR. NARASIMHARAJU, ADV. FOR R-4 R-3 SERVED AND UNREPRESENTED) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2 TO FORWARD THE ENQUIRY REPORT DATED 28.6.2017 SUBMITTED BY R-3 VIDE ANNEX-N TO R-1 FOR APPOINTMENT OF THE ADMINISTRATOR;
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER 2. In this petition, the petitioner is seeking for a writ of mandamus directing the respondent No.2 to forward the enquiry report dated 28.06.2017 submitted by respondent No.3 vide Annexure-N to respondent No.1 for appointment of the administrator.
3. When the matter was taken up today, learned counsel for the petitioner submitted that he be granted with a liberty to make a fresh representation before the competent authority. On the other hand, learned counsel for respondents submitted that if such a representation is made by the petitioner the same shall be dealt with in accordance with law.
3. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a liberty to the petitioner that in case a representation with regard to the grievance raised in the petition is made to the competent authority, the same shall be decided by the competent authority by a speaking order within a period of four months from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS