IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NOS.36140-36142 OF 2017 (CS-RES) BETWEEN:
1. SRI.C.R.VEDAMURTHY, S/O SRI.C.D.RAMACHANDRAIAH, AGED ABOUT 45 YEARS, NO.18, B STREET, STEPPING ROAD CROSS, MUTHYALAMMA TEMPLE, SHIVAJINAGAR, BENGALURU – 560 001.
2. SRI.V.BHADRAIAH, S/O SRI.VEERABHADRAIAH, AGED ABOUT 61 YEARS, R/O NO.210, 6TH CROSS, I MAIN ROAD, BAPUJINAGAR, MYSORE ROAD, BANGALORE – 560 026.
3. SMT. SOWMYA KANADE, W/O SMT.DEVRAJ, AGED ABOUT 28 YEARS, NO.11/1, 9TH CROSS, CHAMRAJPETE, BANGALORE – 560 018.
... PETITIONERS (BY SRI. S.P.KULKARNI, ADV.) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COOPERATION, M.S.BUILDING, VIDHANA VEEDHI, BANGALORE – 560 001.
2. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, II DIVISION, CO-OPERATIVE FEDERATION BUILDING, RACE COURSE ROAD, BANGALORE – 560 001.
3. SRI.BHAKTHAMARKANDEYA SILK HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD., NO.30, I CROSS ROAD, BAKTHAMARKANDEYA BADAVANE, BANGALORE – 560 026.
REPRESENTED BY ITS PRESIDENT, (NOW UNDER LIQUIDATION) BEING REPRESENTED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES.
(BY SMT.H.C.KAVITHA, HCGP) …RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 HEREIN TO EXECUTE THE SALE DEED IN FAVOUR OF THE PETITIONERS 1 TO 3 HEREIN IN RESPECT OF THE FOLLOWING RESPECTIVE SITES BEING POSSESSED BY PETITIONERS 1 TO 3 HEREIN ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.S.P.Kulkarni, learned counsel appearing for petitioners and Smt.H.C.Kavitha, learned High Court Government Pleader appearing for respondents. Perused the records.
2. Petitioners herein who are members of 3rd respondent-Society came to be allotted sites in the layout formed by the said Society. Pursuant to same, lease cum sale deed was executed in their favour on 16.6.2006 vide Annexures C, C1 and C2. Thereafter, possession of sites in question came to be delivered on the same day as evident from Annexures D, D1 and D2. Said property being within the jurisdiction of Bruhath Bengaluru Mahanagara Palike, taxes have been paid by the petitioners in respect of said sites as per Annexures D3 and D4. On lease period coming to an end, petitioners have sought for execution of registered absolute sale deed in their favour. On account of the 3rd respondent- Society having been liquidated and now represented by the liquidator namely, the Assistant Registrar of Co- operative Societies, petitioners have submitted a representation to said authority vide representations dated 7.6.2017, 21.6.2017 and 21.6.2017 - Annexures P, P1 and P2 respectively, wherein they have sought for sale deed being executed in respect of the sites allotted to them as per the lease cum sale agreements. On account of non-consideration of said representations, petitioners are before this Court.
3. Having regard to the afore-stated facts, this Court is of the considered view that a direction is to be issued to 2nd respondent who is said to be the official liquidator of 3rd respondent-Society, to consider the aforesaid representations dated 7.6.2017, 21.6.2017 and 21.6.2017 - Annexures P, P1 and P2, expeditiously and at any rate within an outer limit of three months from the date of receipt of the copy of this order. Accordingly, direction is issued.
SD/- JUDGE bkp