Karnataka High Court
H.Soubhagyamma W/O H Rajgopal Reddy vs The Joint Registrar Of Co-Op Socieites on 6 February, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2024:KHC-D:2586
WP No. 81705 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. 81705 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 SOCIEITES
GULBARGA REGION, RAICHUR.
YASHAVANT
NARAYANKAR 2. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCITIES AND CHITFUNDS
Digitally
signed by BELLARY DISTRICT, BELLARY.
YASHAVANT
NARAYANKAR
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.G SEETHARAMI REDDY,
S/O G THIMMANAREDDY,
AGED MAJOR,
R/O: H.NO. 2A, SEETARAM NIVAS,
K.C.ROAD, BELLARY.
5. SRI.R P ABDUL GHANI,
S/O ABDUL AZIZ,
-2-
NC: 2024:KHC-D:2586
WP No. 81705 of 2013
AGE: MAJOR,
C/O: ILAHI MOTORS,
VADDARABANDA, BELLARY.
6. SRI.P.JANARDHANAREDDY
S/O VEERAREDDY
AGED 55 YEARS,
SR.MANAGER TUNGABHADRA GRAMINA BANK
HEAD OFFICE, GANDHINAGAR
BELLARY.
...RESPONDENTS
(BY SRI. PRAVEEN UPPAR, AGA FOR R-1 & R2;
SRI. S.C.BHUTI, ADVOCATE FOR R-3;
R-5 AND R-6 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AN 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED JUDGMENT AND ORDER DATED:21.08.2009 IN DISPUTE
NO.53/2008-09/496 PASSED BY THE 2ND RESPONDENT, VIDE
ANNEXURE-B AS THE SAME WAS PASSED VIOLATION OF NATURAL
JUSTICE AND AGAINST THE PROVISION OF LAW AND ALSO SET
AIDE THE JUDGMENT AND ORDER DATED 10.12.2012 PASSED IN
APPEAL NO.2/2011-12 BY THE 1ST RESPONDENT, 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.53/2008-09/496 passed
by the 2nd Respondent, 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.2/2011-12 by the 1st Respondent vide
ANNEXURE-D, and
NC: 2024:KHC-D:2586
b. To issue any other order or writ or direction that
this Hon'ble Court may deem fit in the facts and
circumstances of the case, in the interest of justice
and equity.
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
