Karnataka High Court
Shri Lalasab S/O Nabisab Nadaf vs The Joint Registrar Of ... on 17 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
-1-
NC: 2023:KHC-D:9104-DB
WA No.100455 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G. BASAVARAJA
WRIT APPEAL NO.100455 OF 2023 (CS-DAS)
BETWEEN:
SHRI LALASAB S/O NABISAB NADAF
AGE. 41 YEARS,
OCC. BUSINESS
R/O VIJAYANAGAR, ILKAL
TQ. ILKAL,
DIST. BAGALKOT PIN-587125
...PETITIONER
(BY SRI. HEMANTHKUMAR L HAVARAGI, ADVOCATE)
AND:
1. THE JOINT REGISTRAR OF CO-OPERATIVE
ROHAN SOCIETIES, (RULE 441 ), DISPUTE PANCHAYAT,
HADIMANI
T OFFICER OF K.S.C.U.B.F. LTD.,
REGIONAL OFFICE NO. I-9/10, DOLLARS COLONY,
Digitally signed
by ROHAN
HADIMANI T
GOKUL ROAD,
Date: 2023.08.22
11:03:30 -0700
HUBBALLI-580030
2. THE DEPUTY REGISTRAR
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY
BAGALKOT DISTRICT BAGALKOT
DISTRICT ADMINISTRATIVE BUILDING
NAVAGAR, BAGALKOT-587104
-2-
NC: 2023:KHC-D:9104-DB
WA No.100455 of 2023
3. THE ASSISTANT REGISTRAR
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY
BAGALKOT DISTRICT BAGALKOT
DISTRICT ADMINISTRATIVE BUILDING
NAVAGAR, BAGALKOT-587104
4. THE RECOVERY OFFICER ASSISTANT REGISTRAR
VIJAYAMAHANTESH CO-OPERATIVE BANK LTD,
R/O NEAR MAHANTESH BANK, ILKAL DIST.
BAGALKOT PIN.587125
5. THE GENERAL MANAGING
VIJAYAMAHANTESH CO- OPERATIVE BANK LTD,
R/O NEAR MAHANTESH BANK, ILKAL
DIST. BAGALKOT-587125
6. ASIF MALIKSAB NADAF
AGE. 49 YEARS,
OCC. BUSINESS,
R/O NOW PLOT DHANNUR,
TQ. HUNGUND
DIST. BAGALKOT-587125
7. SRI MAHAMAD FARUQ
AGE. 45 YEARS,
OCC. BUSINESS,
R/O WARD NO. 6,
KOPPARAD PETE, ILKAL
TQ. HUNGUND DIST. BAGALKOT-587125
8. NOORMOHAMMAD IMAMSAB RATAGI
AGE. 55 YEARS,
OCC. BUSINESS,
R/O BASAVANAGAR, ILKAL
TQ. ILKAL
DIST. BAGALKOT-587125
9. THE SUPERINTENDENT OF POLICE
BAGALKOT
-3-
NC: 2023:KHC-D:9104-DB
WA No.100455 of 2023
DIST. BAGALKOT -587104
10. THE SUB-INSPECTOR
ILKAL TOWN POLICE STATION,
ILKAL DIST. BAGALKOT-587125
...RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GA FOR R1 TO R3, R9 AND R10)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET-
ASIDE THE MODIFIED AN IMPUGNED THE ORDER DATED
14/06/2023 PASSED IN W.P.NO.102173/2023 (CS-DAS) BY
THE SINGLE JUDGE OF THIS HON BLE HIGH COURT, AND
THEREBY ALLOW THE WRIT APPEAL, IN THE INTEREST OF
JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
KRISHNA KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra-Court appeal is directed against the impugned
order dated 14th June, 2023 passed in Writ Petition No.102173
of 2023 passed by the learned Single Judge disposing of the
writ petition issuing certain directions.
2. Heard learned counsel appearing for the appellant
and perused the material on record.
3. The grievance of the writ petitioner-appellant was
that the interim order dated 27th June, 2019 passed in his
favour by the Karnataka Appellate Tribunal in Appeal No.65 of
NC: 2023:KHC-D:9104-DB
WA No.100455 of 2023
2019, was not being implemented and that the Police complaint
dated 22nd Feb 2023 lodged by him before the respondent
No.10-Sub Inspector was not being registered and as such, the
appellant preferred the aforesaid petition. After considering the
various contentions urged by the petitioner and on perusal of
the matter on record, the learned Single Judge has proceeded
to pass the order holding as under:
"Writ petition is disposed of with liberty to the
petitioner to file necessary application under Section
101(1)(a) of the Act of 1959 before the Registrar or any
other authorized person seeking necessary certificate for
the purpose of executing the order passed by the
Karnataka appellate Tribunal in Appeal No.65/2019 and it
is needless to state that if such an application is filed, the
competent authority shall consider the same in
accordance with law expeditiously.
The petitioner is also at liberty to approach the
jurisdictional Magistrate by filing necessary complaint as
provided under Section 200 of Cr.P.C. if he has a
grievance that the concerned police have not registered
criminal case on the basis of the complaint made by him."
4. As can be seen from the impugned order, the
learned Single Judge has carefully considered the material on
record and addressed the grievance of the appellant by issuing
directions in favour of the appellant by exercising his discretion
NC: 2023:KHC-D:9104-DB
WA No.100455 of 2023
under Article 226 of the Constitution of India. Under these
circumstances, in view of the fact that the grievance of the
appellant has been correctly addressed by the learned Single
Judge by exercising his discretion, we do not find any reason
for interfering with the impugned order. Writ appeal
accordingly dismissed.
5. We however, reserve liberty in favour of the
appellant to institute appropriate proceedings before the
Karnataka Appellate Tribunal, Bangalore and/or any other
Forum/Authority/Court, including respondent Police authorities,
in accordance with law.
Sd/-
JUDGE
Sd/-
JUDGE
LNN
