IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOs.6477-6478 OF 2019 (GM-RES) Between:
1. Narayanaswamy.B.V, Son of Krishnappa, Aged about 40 years, Resident of Bilishivale Village, Doddagubbi Post, Bidarahalli Hobli, Bengaluru - 560 077.
2. Sunil Kumar, Son of B.M.Krishnaiah, Aged about 33 years, Resident of Bilishivale Village, Doddagubbi Post, Bidarahalli Hobli, Bengaluru- 560 077. ... Petitioners (By Sri. Harish Ganapathy, Advocate) And:
1. The State of Karnataka, Represented by its Chief Secretary, Department of Fisheries, Govt. of Karnataka, Vidhana Soudha, Bengaluru- 560 001.
2. The Registrar of Co-Operative Societies, Bangalore South Taluk, G.M.C.Bank Building, Pampakavi Road, Chamarajpet, Bengaluru- 560 018.
3. The Director, Department of Fisheries, Podium Block, V.V.Towers, Dr.Ambedkar Veedi, Bengaluru- 560 001.
4. The Deputy Director, Department of Fisheries, 6th Floor, A.S.V.S.V.Bavana, K.G.Road, Bengaluru- 560 009.
5. The Assistant Director for Fisheries, Grade – II, Bangalore South Taluk, Bengaluru - 560 001.
6. The Assistant Director for Fisheries, Grade – I, Opp: Century Club, K.R.Circle, Bengaluru- 560 001.
7. The Panchayath Development Officer, Doddagubbi Grama Panchyath, Bidarahalli Hobli, Bangalore East Taluk, Bengaluru - 560 049.
8. Smt. Mamatha, Aged about 23 years, Wife of Madan Kumar, Proposed President of Proposed Yellammadevi Meenugarara Mahila Sahakara Sangha, P.N.Complex, Bidarahalli, Bangalore East Taluk, Bengaluru- 560 049. ... Respondents (By Sri. M.Sreenivasa, Advocate for C/R8 Sri.Y.D.Harsha, AGA for R1 to R6) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 30.01.2019 passed by the 5th respondent on the direction of the 3rd and 4th respondent in favour of the 8th respondent calling for skill test for the purpose of registration of society produced at Annexure-M.
These Writ Petitions coming on for Preliminary Hearing, this day, the Court made the following:
O R D E R Mr. Harish Ganapathy, learned Counsel for the petitioner.
Mr. Y.D.Harsha, learned Additional Government Advocate for respondents No.1 to 6 and M.Sreenivasa, learned Counsel for the respondents.
2. The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
3. In this writ petition, petitioners, inter alia, have prayed for the following reliefs:
a) “Issue a writ or certiorari to quash the order bearing No.FCS/01/2018 dated 30/01/2019 passed by the 5th respondent on the direction of the 3rd and 4th respondent in favour of the 8th respondent calling for skill test for the purpose of registration of society produced at Annexure-M.
b) Issue a writ of certiorari to quash the order bearing NO.FCS/09/2018-19 dated 23.01.2019 passed by the 4th respondent to take necessary steps for the skill test to the 8th respondent members for the purpose of registration of society produced at Annexure-L and also quash the order dated No.MiNi/58/FCS/2015-
16 dated 21.01.2019 passed by the 3rd respondent directing the 4th respondent to take necessary steps to invite the members of the 8th respondent to the skill test for the purpose of registration of 8th respondents Society produced at Annexure-K.
c) Issue a writ of mandamus directing the respondent No.3 to 6 to consider the petitioner application and pass an appropriate order on the same.
d) Grant any other relief or reliefs as this Hon’ble Court deems fit in the circumstances of the case, in the interest of Justice and equity.”
4. When the matter is taken up today, learned counsel for the parties jointly submit that the petitioners as well as respondent No.8 have submitted applications seeking registration of the society and the respondent No.4 is directed to decide the said applications within a time bound period.
5. In view of the aforesaid submissions and in the facts of the case, the petitions are disposed of with a direction to respondents No.3 and 4 to decide the applications for registration submitted by the petitioners and respondent No.8 by a speaking order in accordance with law within one week from the date of receipt of a certified copy of this order.
Accordingly, the petitions are disposed of.
Sd/- JUDGE akc/-