IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.32855/2012(CS-DAS) BETWEEN:
SMT.SAROJINI R. SHETTY, W/O T.RAGHAVA SHETTY AGED ABOUT 58 YEARS R/AT ‘PRAJNA’ THELLAR ROAD KARKALA POST – 574 104 KARKALA TALUK, UDUPI DISTRICT …PETITIONER (BY SRI K.CHANDRASHEKAR ACHAR, ADVOCATE) AND :
1. STATE OF KARNATAKA REP. BY UNDER SECRETARY TO THE DEPARTMENT OF CO-OPERATION M.S.BUILING, DR.AMBEDKAR VEEDHI BANGALORE – 560 001 2. THE DIRECTOR OF THE DEPARTMENT OF CO-OPERATIVE AUDIT PALACE ROAD BANGALORE – 560 004 3. THE ASSISTANT DIRECTOR OF CO-OPERATIVE AUDIT DEPARTMENT UDUPI CIRCLE UDUPI TALUK AND DISTRICT – 576 201 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY KUNDAPURA DIVISION KUNDAPURA TALUK UDUPI DISTRICT – 576 201 5. JALADURGA VYAVASAYA SAHAKARI SANGHA L.No.761, JALADURGA, THELLARU POST KARKALA TALUK, UDUPI DISTRICT – 567 101 REP. BY ITS SECRETARY …RESPONDENTS (BY SRI M.A.SUBRAMANYA, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOs.1 TO 4) SRI K.SRIHARI, ADVOCATE FOR RESPONDENT No.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED DEMAND NOTICE DATED 10.05.2012 L.No.761 ISSUED BY RESPONDENT No.5 VIDE ANNXURE-D, QUASH THE IMPUGNED ORDER DATED 30.05.2012 ISSUED BY RESPONDENT No.4 VIDE ANNEXURE-J IN SO FAR AS DIRECTION TO RECOVER A SUM OF Rs.3,32,357/- FROM THE PETITIONER IN CONCERN AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioner files a memo stating that the fifth respondent in this proceedings - Society had filed writ petition in W.P. No.23526/2012, which has been allowed by a coordinate Bench of this Court vide order dated 02.09.2016, wherein the letter / order dated 27.06.2011 issued by the Assistant Director of Co-operative Audit Department in proceedings bearing No.¸À¤G:¯É¥À-
1:dzÀĪÀå¸ÉøÀ¨ÁåA: :2011-12/269 (copy of which is produced as Annexure ‘F’ to the present writ petition) is quashed and the matter is remanded to the said Authority for fresh consideration. Therefore, it is stated that in the light of the aforesaid order, this petition does not survive for consideration and the same may be dismissed as not pressed.
The said memo is taken on record.
Accordingly, this petition is dismissed as not pressed.
Sd/- JUDGE sma