IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.14139/2018 AND W.P.Nos.14143/2018 & 25687 – 25689/2018 (CS – RES) BETWEEN:
1. SMT.PARAMESHWARI W/O MANAPATALI, AGED ABOUT 50 YEARS, R/AT NO.3108, DOUBLE ROAD, 2ND STAGE, VIJAYANAGAR, MYSORE-570 017.
2. SRI M.S.YOGANARASIMHA S/O Mr. SHAMANNA, AGED ABOUT 61 YEARS, R/AT NO.10-A4 BLOCK, VASU LAYOUT, K BLOCK, RAMAKRISHNANAGAR, MYSORE-570 023.
3. SRI K.MAHADEVAIAH S/O V.KEMPAVEERAIAH, AGED ABOUT 58 YEARS, R/AT NO.14, B BLOCK, VASU LAYOUT, DATTAGALLI, MYSORE-570 023.
4. SRI L.NAGARAJU S/O NINGAIAH, AGED ABOUT 63 YEARS, R/AT NO.1, B2 BLOCK, VASU LAYOUT, DATTAGALLI, MYSORE-570 023.
5. SRI K.N.SHIVARAMU S/O NANJEGOWDA, AGED ABOUT 50 YEARS, NO.1/A-6, VASU LAYOUT, DATTAGALLI, MYSORE-570 023.
6. SRI A.C.KUMARASWAMY S/O JAVAREGOWDA, AGED ABOUT 58 YEARS, R/AT NO.MIG-19, KHB 3RD STAGE, KUVEMPUNAGAR, MYSORE-570 023.
7. SMT.N.SARASWATHI W/O ASHWATH NARAYANA, AGED ABOUT 67 YEARS, R/AT NO.1-A8, K BLOCK, VASU LAYOUT, R.K. NAGAR, MYSORE-570 023.
8. SMT.H.N.UMA W/O NARASIMHA PRASAD, AGED ABOUT 50 YEARS, R/AT NO.1-A7, VASU LAYOUT, K BLOCK, RAMAKRISHNA NAGAR, MYSORE-570 023. ... PETITIONERS [BY SRI P.ANAND, ADV.] AND:
THE DEPUTY REGISTRAR OF CO-OP SOCIETIES, CADA OFFICE BUILDING, MYSORE DISTRICT, MYSORE-570 001. …RESPONDENT [BY SRI A.K.VASANTH, AGA.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 21.02.2018 ISSUED BY RESPONDENT VIDE ANNEX-P, P1 TO P7 & ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners are the members of Vasu House Building Co-operative Society Ltd., (‘society’ for short) which is a defunct society as of now. The petitioners are aggrieved by the endorsement issued by the respondent dated 21.02.2018 [Annexures-P, P1 to P7] whereby the request made by them for executing the absolute sale deed in respect of sites allotted in favour of them on par with the other similarly placed members has been rejected.
2. Learned counsel appearing for both the parties submit ad idem that the petitioners herein are entitled to the similar relief on parity with the order passed by this Court in W.P.No.11206/2013 dated 06.02.2018. The relevant passages of the said order referred to by the learned counsel for the parties reads thus:
“The petitioner herein is a member of Vasu House Building Co-operative Society, which is a defunct society as of now.
The grievance of the petitioner is that, he being a member of the said Society, got allotted a residential site from the said Society in the year 2001. After paying the full sital value, lease-cum-sale deed is executed in her favour on 23.08.2001, he is also put in possession of the site pursuant to the Possession Certificate issued on 10.09.2001. It is stated that subsequently the said Vasu House Building Co-operative Society Limited has become defunct. Therefore, the petitioner could not get the absolute sale-deed.
In this behalf, learned Additional Government Advocate would submit that proceedings were initiated to close the said Society and the Superintendent attached to the office of Assistant Registrar of Co- operative Societies was appointed as the liquidator to conclude the pending business of Vasu House Building Co-operative Society Limited and after business of the Society is concluded the said Society is wound up by passing appropriate order.
However, in the fact-situation, this Court feels that the responsibility of executing the absolute sale-deed being on the Society which has now become defunct by virtue of the order passed by the Deputy Registrar of Co-operative Societies, it is the duty of the respondent Deputy Registrar of Co-operative Societies to revive the order which was passed by him in appointing the liquidator to the said Society for the limited purpose of completing the execution of absolute sale- deed of the property which is allotted in favour of the petitioner herein by the said Society.
Therefore, for the aforesaid limited purpose, the respondent Deputy Registrar of Co-operative Society, Mysuru District is hereby directed to revive the order of appointing the liquidator to the said Society for the limited purpose of executing the absolute deed of conveyance of property allotted in favour of petitioner and get the same executed in his favour. The same shall be completed within four weeks from today and after the completion of the same it shall be brought to the notice of this Court.”
3. The respondent – Dr.G.Umesha, Deputy Registrar of Co-operative Societies, Mysore is present before the Court pursuant to the directions issued by this Court on 13.12.2018 and submits that the request of the petitioners herein shall be considered for executing the absolute deed of conveyance of property allotted in favour of petitioners herein and get the same executed in their favour by reviving the order of appointing the liquidator to the said Society for the said limited purpose.
4. In view of the aforesaid, Writ Petitions stand disposed of with a direction to the respondent – Deputy Registrar of Co-operative Societies, Mysuru District to revive the order of appointing the liquidator to the said Society for the limited purpose of executing the absolute deed of conveyance of property allotted in favour of petitioners herein. The same shall be completed within four weeks from the date of receipt of the certified copy of the order in accordance with law.
With the aforesaid observations, Writ Petitions stand disposed of.
Sd/- JUDGE NC.