IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.53557-561 OF 2018(GM-KSR) BETWEEN:
1. SRI. CHANDRASHEKAR M, S/O NAGARAJ, AGED ABOUT 34 YEARS, R/O NO.348, VASANTHAPURA, SUBRAMANYAPURA POST, BENGALURU SOUTH, BENGALURU-560020.
2. K. MALLESH, AGED ABOUT 62 YEARS, R/O NO.7, 4TH CROSS, BEHIND VENKATESHWARA TALKIES, VINOBHANAGAR AVALAHALLI, BENGALURU-560026.
3. RAJU. M. TALLUR, S/O H. MALLAPA, AGED ABOUT 43 YEARS, R/O.994, SHRAVANTHI, 21ST CROSS, JNANAGANGANAGAR, MARIYAPPANAPALYA, BENGALURU-560056.
4. KOTURESH, AGED ABOUT 46 YEARS, NO.20, CANARA BANK COLONY, BEHIND SHANTHI SAGAR, UTTARAHALLI, BENGALURU-560060.
5. H. NAGARAJAPPA, AGED ABOUT 48 YEARS, NO.12, GATTIGERE COLONY, B.E.M.L LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU-560098.
(BY SRI. VARUN J. PATIL, ADVOCATE FOR M/S MEDINI LAW ASSOCIATES) AND:
1. THE STATE OF KARNATAKA, … PETITIONERS DEPARTMENT OF CO-OPERATIVE SOCIETIES, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001.
REP BY ITS SECRETARY.
2. THE COMMISSIONER OF CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BENGALURU-560052.
3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, 4TH DIVISION, MALLESWARAM, BENGALURU-560063.
4. THE SOCIETY REGISTRATION OFFICER, 4TH DIVISION, SAHAKARI SOUDHA, MALLESWARAM, BENGALURU-560063.
5. KARNATAKA RAJYA MADIVALA SANGHA, NO.7, SIRR PARK ROAD, SHESHADRIPURAM, BENGALURU-560020. REP. BY ITS SECRETARY.
… RESPONDENTS (BY SRI. V. SHIVAREDDY, HCGP FOR R-1 TO 4.
SRI. B.A. CHANDRASHEKAR, ADV. FOR R -5 ) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO TAKE NECESSARY STEPS TO APPOINT AND ADMINISTRATOR TO THE R-5 SOCIETY WITH IMMEDIATE EFFECT AS MANDATED UNDER SECTION 27-A(b) AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Varun J. Patil, learned counsel has filed a memo for retirement.
The aforesaid memo is accepted.
Sri. Varun J. Patil, learned counsel is permitted to do so.
In these petitions, petitioners inter alia seek for a writ of mandamus directing respondent No.1 to take necessary steps to appoint an Administrator to respondent No.5 Society with immediate effect as mandated under Section 27-A(b).
2. On perusal of the record, it is seen that since respondent No.6 vide letter dated 06.10.2018 informed petitioners that election will be conducted before December 2018, the same has been rendered infructuous on account of efflux of time. Therefore, nothing survives for adjudication in these writ petitions.
3. Accordingly, these writ petitions are dismissed as having become infructuous.
Sd/- JUDGE Mds/-