IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.48064 OF 2018 (GM-CON) BETWEEN:
SRI MANJUNATH SINGH S/O GANESH SINGH AGED ABOUT 54 YEARS ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY SUB DIVISION MANGALORE AND LIQUIDATOR SOUTH CANARA AGRICULTURAL CO-OPERATIVE MARKETING SOCIETY LTD MANGALURU – 575001.
(BY MR. RANJITH K S, ADV.) AND:
SMT ARUNA B BHAT W/O M BALAKRISHNA BHAT AGED 35 YEARS R/AT ‘CHANDRALEKHA’, BATRAKODI ROAD PEDAMALE POST, NEERMARGA VILLAGE MANGALURU, DAKSHINA KANNADA – 575029.
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD:28.9.2018 IN EXECUTION APPLICATION NO.16/2017 IN COMPLAINT NO.224/2016 VIDE ANNEXURE-A ON THE FILE OF DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALURU AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Ranjith K.S, learned counsel for the petitioner.
Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to the respondent.
In this petition, the petitioner inter alia has prayed for a writ of certiorari for quashment of order dated 28.09.2018 passed in execution proceedings by which, warrant of arrest has been issued against the petitioner in execution of the award passed by the Dakshina Kannada District Consumer Disputes Redressal Forum, Mangaluru.
2. It is stated by learned counsel for the petitioner that in this petition, no interim order was passed, as the impugned order dated 28.09.2018 was stayed in another writ petition. It is submitted that the impugned order has not been given effect to. It is further submitted by learned counsel for the petitioner that the Dakshina Kannada District Consumer Disputes Redressal Forum, Mangaluru, has failed to take note the provisions of Section 118(2) of the Karnataka Co- operative Societies Act.
3. In view of the aforesaid submissions and in the facts of the case, I deem it appropriate to dispose of this writ petition with liberty to the petitioner to raise an objection before the Dakshina Kannada District Consumer Disputes Redressal Forum, Mangaluru.
4. Accordingly, the writ petition is disposed of with the aforesaid liberty.
5. Needless to state that in case, objections are filed within a period of two weeks from the date of receipt of the certified copy of the order passed today, the same shall be adjudicated by Executing Court by a speaking order after affording an opportunity of hearing to the parties.
6. Till the objections preferred by the petitioner are decided, no coercive action shall be taken against him.
7. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-