Karnataka High Court
Judicial Department Multi Purpose Co ... vs The Registrar Of Co Operative Societies on 11 November, 2024
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WA No. 1598 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
WRIT APPEAL NO. 1598 OF 2024 (CS-RES)
BETWEEN:
1. JUDICIAL DEPARTMENT MULTI-PURPOSE
CO-OPERATIVE SOCIETY
HIGH COURT BUILDING
BENGALURU - 560 001
REPRESENTED BY
ITS SECRETARY
...APPELLANT
(BY SRI. PRUTHVI WODEYAR, ADVOCATE)
AND:
1. THE REGISTRAR OF
Digitally CO OPERATIVE SOCIETIES
signed by HAVING OFFICE AT NO.1
AMBIKA H B ALI ASKAR ROAD
Location: VASANT NAGAR
High Court BENGALURU - 560 052
of Karnataka
2. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES
HAVING OFFICE AT NO. 146
8TH CROSS, 3RD MAIN ROAD
MARGOSA ROAD
MALLESHWARAM
BENGALURU - 560 003
-2-
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WA No. 1598 of 2024
3. SRI. K. DEEPAK
S/O KRISHNA
AGED ABOUT 41 YEARS
WORKING AS COURT OFFICER
HIGH COURT OF KARNATAKA
PRINCIPAL BENCH
BENGALURU-01
...RESPONDENTS
(SRI M.N. SUDEV HEGDE, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 2
SRI SAMEER SHARMA, ADVOCATE FOR CAVEATOR/
RESPONDENT No.3)
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE
ORDER DATED 01/07/2024 PASSED IN WP NO.16270/2024, BY THE
LEARNED SINGLE JUDGE OF THIS HONBLE COURT AND ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
The writ petition came to be filed by the petitioner-respondent
No.3 herein, wherein the prayer made was to direct respondent
No.2-the Deputy Registrar of Co-operative Societies, Bengaluru to
consider and decide the representation of the petitioner dated
26.02.2024 made to the Registrar of Co-operative Societies-
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respondent No.1 and to take consequential action against the office
bearers of respondent No.3-Judicial Department Multipurpose
Co-operative Society. A further direction was prayed for to restrain
respondent No.3 from disbursing any amount or making any
payment.
2. The writ petition came to be disposed of by learned Single
Judge as per the order dated 01.07.2024, in terms of the following
operative directions,
"5. Having regard to the facts narrated
hereinabove, this Court is of the considered
opinion that the 2nd respondent-DRCS will have to
take a decision as to whether an enquiry under
Section 64 or 65 of the Karnataka Co-operative
Societies Act, 1959, is required to be conducted in
accordance with law on the basis of the complaint
given by the petitioner. For that purpose, the 2nd
respondent-DRCS has been given sufficient
opportunity.
6. Nevertheless, six more weeks time is granted
to the 2nd respondent-DRCS to come to a
conclusion and submit a report to the Additional
Registrar of Co-operative Societies."
3. It is against the aforesaid order that the present appeal is
filed under Section 4 of the Karnataka High Court Act, 1961 by the
original respondent No.3-Judicial Department Multipurpose
Co-operative Society.
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3.1 A bare reading of what is directed in paragraphs 5 and 6
above, show that respondent No.2-the Deputy Registrar was
directed to take a decision as to whether an enquiry under Section
64 or 65 of the Karnataka Co-operative Societies Act, 1959 was
required to be conducted on the basis of the complaint given by the
petitioner. Six weeks time was granted to respondent No.2 to
come to a conclusion in that regard and submit a report to the
Additional Registrar of Co-operative Societies.
4. When the appeal came up for consideration, learned
advocate Mr.Sameer Sharma for respondent No.3 stated that the
directions passed by learned Single Judge are already complied
with. He referred to the proceedings of Civil Contempt Petition
No.995 of 2024 and the record thereof which included the memo
filed by the petitioner withdrawing the contempt petition on the
ground that the order was complied with.
4.1 In the compliance affidavit which was produced for perusal of
the Court, it was clearly stated by the Registrar of Co-operative
Societies-respondent No.1 herein that a detailed enquiry report
dated 31.08.2024 was already filed after conducting an enquiry.
The report was produced on record of the contempt proceedings.
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It was further stated on behalf of respondent No.3 herein that a
separate writ petition challenging the said report dated 31.08.2024
is also filed, which is slated to be posted for hearing tomorrow
itself. Be that as it may.
5. When the directions of learned Single Judge are complied
with, nothing would survive in this appeal and any questions which
could be raised by the appellant would be in the realm of
academics. It is trite principle that the Court would not go into the
academic questions and pronounce on the same. Even otherwise,
the kind and nature of the directions issued by learned Single
Judge would hardly book consideration for appeal by the Court.
6. In any view, if the appellant has any issues to be urged on
merits in the appeal, it cannot be decided in this appeal, as it
having been rendered academic. All the questions are left open to
be considered in appropriate future proceedings. Nothing is
expressed on merits
7. The appeal is disposed of accordingly.
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In view of disposal of the appeal, the interlocutory application
would not survive and it stands accordingly disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
AHB
