IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.17462/2015 (CS-RES) BETWEEN SRI S.BALAKRSIHNA, S/O LATE M.SHIVARAMAIAH, AGED ABOUT 54 YEARS, STAFF NO.190693, NO.38, NORTH AVENUE, ITI COLONY, DOORAVANINAGARA, BANGALORE-560016. ... PETITIONER (By Sri CHIKKAVENKATAIAH, ADV.- ABSENT) AND 1. HON’BLE MINISTER FOR CO-OPERATION, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560001.
2. THE ADDITIONAL REGISTRAR OF CO-OPERATIAVE SOCIETIES (HOUSING & MISCELLANEOUS), NO.1, ALI ASKAR ROAD, BANGALORE-560052.
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE REGION, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BANGALORE-560018.
4. ITI EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD., DOORAVANINAGARA, BANGALORE 560016, REP BY ITS SECRETARY.
5. SRI M.NAGARAJ, S/O LATE MUNIYAPPA, AGED ABOUT 55 YEARS, R/AT NO.100, 1ST CROSS, CAUVERI LAYOUT, NAGARABHAVI MAIN ROAD, BANGALORE-560040.
6. SRI K.S.MURALIDHARA, S/O LATE K.C.SEETHARAMAIAH, AGED ABOUT 58 YEARS, R/AT NO.14, 1ST CROSS, 8-A MAIN, SRINIDHI LAYOUT, VIDHYARANYAPURA, BANGALORE-560097. ... RESPONDENTS (By Smt.ANITA, HCGP FOR R1-R3;
Sri J.MANJUNATHESWAR, ADV. FOR Sri G.CHANDRASHEKARAIAH, ADV. FOR R5 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DISPOSE THE APPLICATION FILED U/S 108 OF KCS ACT AND ORDERS VIDE ANN-E, PASSED ON 29.3.2014 AT THE EARLIEST IN VIEW OF THE FACTS THAT THE EX-ARTE ORDER HAS NOT BEEN RECALLED EVEN AFTER THE LAPSE OF ONE YEARS PENDING ON THE FILE OF 1ST RESPONDENT IN CO/11/CAP/2014 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Petitioner is the member of respondent No.4 – Society.
He has approached this Court seeking a direction to the respondent – authorities to dispose of the application filed by him for vacating the interim order passed in the revision petition filed by respondents 5 & 6 challenging the order passed by the Additional Registrar of Co-operative Societies. Interim stay was earlier granted by the Hon’ble Minister for Co- operation, Government of Karnataka.
2. It is submitted at the Bar by learned counsel for respondents 5 & 6 that revisional powers have been delegated to the Principal Secretary, Department of Co-operation, Government of Karnataka and the matter has been heard on merits and is reserved for orders. If that is so, I do not find any justifiable reason for this Court, at this stage, to interfere in the matter. Suffice to observe that the Principal Secretary, Department of Co-operation, may have to expeditiously dispose of the case without further delay in the matter.
3. Learned High Court Government Pleader who represents the State and its authorities shall intimate this order to the Principal Secretary, Department of Co-operation. Registry is also directed to dispatch a copy of this order to the Principal Secretary, Department of Co-operation, Government of Karnataka.
4. All contentions urged on merits are kept open and liberty is reserved to the petitioner as also to the contesting respondents to further agitate the matter in case they feel aggrieved by the order to be passed by the Principal Secretary, Department of Co-operation, Government of Karnataka. Writ Petition is accordingly disposed of.
Sd/- JUDGE PKS