IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.15761/2019(CS-RES) BETWEEN SRI K K SOMASHEKAR S/O SRI KALAIAH, AGED ABOUT 46 YEARS, R/AT No.381, 10TH CROSS, E & F BLOCK RAMAKRISHNANAGAR, MYSORE-570 022. ... PETITIONER (BY SRI DEVI PRASAD SHETTY, ADVOCATE) AND THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CADA OFFICE BUILDING, MYSORE DISTRICT, MYSORE-570001. ... RESPONDENT (BY SMT.VAHEEDA, HIGH COURT GOVERNMENT PLEADER) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 08.03.2019 ISSUED BY THE RESONDENT, VIDE (ANNEXURE-R) AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein has sought for quashing of the endorsement dated 08.03.2019 bearing No.DRM/C.10/LQD/CR/28/2018-19 vide Annexure ‘R’ to the petition, issued by the respondent – Deputy Registrar of Co- operative Societies. He has also sought for direction to the respondent to consider his representation dated 07.03.2019 vide Annexure ‘Q’ to the petition and to execute the absolute sale deed in respect of site bearing No.8, Block No.A16, measuring East to West 30 feet and North to South 40 feet situate at Dattagalli village, kasaba hobli, Mysuru Taluk, allotted in favour of Sri G.R. Umesh (stated as ‘the petitioner’ in prayer column of the petition) on par with the petitioner in W.P. No.11206/2013 (CS-RES) and petitioners in W.P. No.14139/2018 and W.P. Nos.14143/2018 & 25687 to 25689/2018 (CS-RES) disposed of on 06.04.2018 and 04.01.2019 respectively.
2. The petitioner herein is said to be the owner of site bearing No.8, Block No.A16 measuring East to West 30 feet and North to South 40 feet in the layout formed by M/s.Vasu House Building Co-operative Society Limited (hereinafter referred to as ‘the Society’) in lands bearing Sy. Nos.105, 106, 107, 108, 109, 110/1, 2, 112, 183, 184, 186 and 187 situate at Dattagalli village, kasaba hobli, Mysuru Taluk.
3. According to the petitioner, the said site was allotted in favour of one Sri G.R. Umesh vide allotment letter dated 21.08.1998 (Annexure ‘A’ to the petition) issued by the Society. It is stated that the Society represented by its Secretary upon receiving the entire sale consideration of Rs.25,000/- from Sri G.R. Umesh, executed registered lease- cum-sale deed dated 02.08.1999 vide Annexure ‘B’ to the petition in his favour and he was put in possession of the said property under possession certificate dated 20.08.1999 (Annexure ‘C’ to the petition) bearing No.044. It is stated that in spite of repeated requests by the allottee, Sri G.R. Umesh, the Society did not execute the absolute sale deed in his favour and the same position continued even after completion of the period of 10 years from the date of lease-cum-sale deed. On the basis of the said lease-cum-sale deed, allottee, Sri G.R. Umesh, has sold the said site in favour of Smt. Soubhagya under registered sale deed dated 16.09.2016 (Annexure ‘H’ to the petition). Subsequently, Smt. H. Sowbhagya has sold the said property in favour of the petitioner under registered sale deed dated 16.09.2017 (Annexure ‘J’ to the petition). In the meanwhile, the said Society has become defunct and the respondent herein in exercise of his power under Section 72(2)(b) of the Karnataka Co-operative Societies Act, 1959, by his order dated 13.09.2010 (Annexure ‘F’ to the petition) ordered for winding up of the said Society and as per Section 73(1) of the said Act, appointed Sri Vinod Kumar, Superintendent, working in the office of Assistant Registrar of Co-operatives Societies, Mysuru sub-division, Mysuru, as the liquidator for the said Society.
4. It is further stated that the petitioner made representation dated 08.03.2019 to the respondent to execute absolute sale deed in respect of the petition property in his favour. In that behalf, the respondent has issued endorsement dated 08.03.2019 vide Annexure ‘R’ to the petition to the effect that since the Society has become defunct and has been subsequently wound up as per law, the petitioner’s request for execution of the absolute sale deed could not be considered and he was advised to file appropriate suit before the competent Authority. The grievance of the petitioner is that to complete the formality of executing the absolute sale deed in his favour, the said Society is required to be revived.
5. Heard the learned counsel for the petitioner, learned High Court Government Pleader appearing for the respondent. Perused the material on record.
6. In the aforesaid background, it is stated that earlier, one Sri Prem Kumar G. Rao, member of M/s. Vasu House Building Co-operative Society Limited, represented by his General Power of Attorney holder, Sri R.N. Vittal Rao, filed writ petition in W.P. No.11206/2013 (CS-RES) seeking similar relief as sought for in this writ petition and this Court by order dated 06.04.2018, has observed as under:
“Learned HCGP appearing for the respondent would submit that the order passed by this Court on 06.02.2018 is complied with. Therefore, this writ petition does not survive for consideration.
2. The order dated 06.02.2018 reads as under:
ORDER 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 the 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.
List this matter for further hearing on 06.03.2018.
A copy of this order be made available to the learned Additional Government Advocate to ensure that the needful is done in this behalf.”
3. Submission of the learned HCGP is placed on record. Accordingly, this writ petition is dismissed as it does not survive for consideration.”
7. Subsequently, the aforesaid decision of this Court has been followed by coordinate Bench of this Court in W.P. No.14139/2018 and other connected matters, which are disposed of by order dated 04.01.2019.
8. Hence, following the order passed in aforesaid proceedings, this Writ Petition is allowed. The endorsement bearing No.DRM/C.10/LQD/CR/28/2018-19 dated 08.03.2019 issued by the respondent is hereby quashed. The respondent – Deputy Registrar of Co-operative Societies is directed to revive the order of appointing the Liquidator to the said Society for the limited purpose of executing the absolute sale deed in favour of the petitioner herein. The said exercise shall be completed within four weeks from the date of receipt of copy of this order.
9. Learned High Court Government Pleader is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma