Karnataka High Court
H.Soubhagyamma vs The Joint Registrar Of Co-Op Societies on 6 February, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC-D:2585
WP No. 81704 of 2013
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 81704 OF 2013 (GM-CFA)
BETWEEN:
SMT. H.SOUBHAGYAMMA
W/O H RAJGOPAL REDDY,
AGED ABOUT 60 YEARS,
R/O: H.NO.2A, SEETARAM NIVAS,
K.C.ROAD, BELLARY.
...PETITIONER
(BY SRI. SHIVARAJA HIREMATH ., ADVOCATE)
AND:
1. THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES
YASHAVANT
NARAYANKAR GULBARGA DIVISION, RAICHUR
Digitally
signed by 2. THE DEPUTY REGISTRAR OF
YASHAVANT
NARAYANKAR CO-OPERATIVE SOCIETIES AND CHITFUND
BELLARY DISTRICT, BELLARY.
3. M/S MODEL CHIT CORP (KARNATAKA) LTD.,
BY ITS FOREMAN, ROOM NO. 1,
BHEEMAREDDY COMPLEX, 1ST FLOOR,
SOUTHERN GRANITES, KAPPAGAL ROAD, BELLARY.
4. SRI.H RAM PRAKASH REDDY,
S/O H RAJGOPAL REDDY,
AGED ABOUT 44 YEARS,
R/O: H.NO. 2A, SEETARAM NIVAS,
K.C.ROAD, BELLARY.
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NC: 2024:KHC-D:2585
WP No. 81704 of 2013
5. SRI.H RAVI PRAKASH REDDY,
S/O H RAJGOPAL REDDY,
AGED ABOUT 42 YEARS,
R/O: H.NO. 2A, SEETARAM NIVAS,
K.C.ROAD, BELLARY.
...RESPONDENTS
(BY SRI. PRAVEEN UPPAR, AGA FOR R-1 & R-2;
R-4 AND R-5 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TOQUASH THE
IMPUGNED JUDGMENT AND ORDER DATED:21.08.2009 IN DISPUTE
NO.52/2008-09/494 PASSED BY THE LEARNED DEPUTY REGISTRAR
OF CHIT FUNDS AND DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES, BELLARY VIDE ANNEXURE-B AS THE SAME WAS PASSED
IN VIOLATION OF NATURAL JUSTICE AND AGAINST THE PROVISION
OF LAW AND ALSO SET ASIDE THE JUDGMENT AND ORDER
DATED:10.12.2012 PASSED IN APPEAL NO.3/2011-12 BY THE
RESPONDENT No.1, VIDE ANNEXURE-D, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the
following reliefs:
a. To issue a writ in the nature of certiorari to quash
the impugned judgment and order dated
21.08.2009 in Dispute No.52/2008/09/494 passed
by the Respondent No.2, vide ANNEXIRE-B a the
same was passed in violation of natural justice and
against the provision of law and also set aside the
Judgment and Order dated 10.12.2012 passed in
Appeal No.3/2011-12 by the Respondent No.1, vide
ANNEXURE-D, and
b. To issue any other order or writ or direction that
this Hon'ble Court may deems fit in the facts and
circumstances of the case, in the interest of justice
and equity.
NC: 2024:KHC-D:2585
2. The learned counsel for the petitioner submits that
the sole petitioner expired during the Covid period as
informed by his counterpart advocate. He further
submits that since none has contacted him, he is
unable to place on record the death certificate nor
make necessary application to bring on record the
legal representatives.
3. Since the petitioner has expired during the Covid
period and none has been brought on record as legal
representatives, the Writ Petition is dismissed as
abated.
Sd/-
JUDGE
PRS
