Smt. Shobha Rajeev Hegde vs The Tottagars Co Operative Sales ...
2024 Latest Caselaw 27418 Kant

Karnataka High Court

Smt. Shobha Rajeev Hegde vs The Tottagars Co Operative Sales ... on 14 November, 2024

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                                                          NC: 2024:KHC-D:16702
                                                        WP No. 103799 of 2021




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH

                          DATED THIS THE 14TH DAY OF NOVEMBER, 2024

                                           BEFORE
                            THE HON'BLE MR. JUSTICE C.M. POONACHA

                           WRIT PETITION NO.103799 OF 2021 (CS-DAS)

                   BETWEEN:

                   1.   SMT. SHOBHA RAJEEV HEGDE,
                        AGE: 59 YEARS, OCC: HOUSEHOLD WORK,
                        R/O: POST. HEGDE, TQ: KUMTA,
                        DIST: UTTAR KANNADA - 581 330.

                   2.   NAVEEN RAJEEV HEGDE,
                        AGE: 33 YEARS, OCC: HOUSEHOLD WORK,
                        R/O: POST. HEGDE, TQ: KUMTA,
                        DIST: UTTAR KANNADA - 581 330,
                        BY HIS POWER OF ATTORNEY HOLDER
                        SMT. SHOBHA RAJEEV HEGDE.

                   3.   DEEPASHRI RAJEEV HEGDE,
                        AGE: 30 YEARS, OCC: HOUSEHOLD WORK,
                        R/O: POST HEGDE, TQ: KUMTA,
                        DIST: UTTAR KANNADA - 581 330.
                                                                  ...PETITIONERS
Digitally signed
                   (BY SRI J. S. SHETTY ASSOCIATES, ADVOCATE)
by SAROJA
HANGARAKI
Location: High     AND:
Court of
Karnataka

                   1.   THE TOTTAGARS CO OPERATIVE SALES
                        SOCIETY SIRSI, SIRSI,
                        UTTAR KANNADA DISTRICT - 581 401,
                        REPRESENTED BY ITS GENERAL MANAGER,
                        MR. RAVEERSH A. HEGDE.

                   2.   NAGAPATI GANAPATI HEGDE,
                        AGED ABOUT: 55 YEARS, OCC: BUSINESS,
                        R/O: NERLAMANE, KODSARA HOLAGADDE,
                        TQ: SIDDAPUR, DIST: UTTAR KANNADA - 581 450.

                   3.   ASSISTANT REGISTRAR OF
                        CO-OPERATIVE SOCIETIES,
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                                         NC: 2024:KHC-D:16702
                                       WP No. 103799 of 2021




     AND DEPARTMENTAL ARBITRATOR,
     SIRSI, TQ: SIRSI,
     DIST: UTTARA KANNADA - 581 401.

4.   DEPUTYREGISTRAR OF
     CO-OPERATIVE SOCIETIES, KARWAR,
     DIST: UTTARA KANNADA - 581 301.

5.   THE STATE OF KARNATAKA,
     REPRESENTED BY ITS SECRETARY,
     DEPARTMENT OF CO-OPERARTIVE SOCIETIES,
     M.S.BUILDING, BENGALURU - 560 001.
                                               ...RESPONDENTS
(BY SRI A.P.HEGDE JANMANE, ADVOCATE FOR R1;
SRI SHIVASAI M. PATIL, ADVOCATE FOR R2;
SMT. KIRTILATA R. PATIL, HCGP FOR R3 TO R5)

      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF
CERTIORARI TO QUASH THE JUDGMENT AND AWARD DATED
1-1-2018, IN DRN/F/DDS/233/2017-18 PASSED BY THE 3RD
RESPONDENT - ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH
AND MARKED AS ANNEXURE-A AND B, AND ALSO THE ORDERS
DATED 24-4-2019 AND 17-6-2019, PASSED BY THE KARNATAKA
APPELLATE TRIBUNAL IN COP APL NO.223/2018, THE COPY OF
WHICH HAS BEEN PRODUCED HEREWITH THE MARKED AS
ANNEXURE-C, THE ORDER DATED 16-5-2020 ON I.A NO.3 AND 4
AND ORDER DATED 23-8-2021, ON I.A.NO.5, IN EXECUTION
NO.17/2018, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
J.M.F.C., KUMTA, THE COPY OF THE ORDER SHEET OF WHICH HAS
BEEN PRODUCED HEREWITH AT ANNEXURE-D. IT MAY BE DECLARED
THAT THE PROVISIONS OF SECTION 105(2) OF THE KARNATAKA
CO-OPERATIVE SOCIETIES ACT 1959 AS AMENDED AND INSERTED
BY THE KARNATAKA CO-OPERATIVE SOCIETIES (AMENDMENT ACT)
2010 (KARNATAKA ACT NO.6 OF 2010), IS UNCONSTITUTIONAL AND
VOID AND ETC.,

     THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:


CORAM:    THE HON'BLE MR. JUSTICE C.M. POONACHA
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                                              NC: 2024:KHC-D:16702
                                            WP No. 103799 of 2021




                            ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

Learned counsel for the petitioners has filed a memo which

reads as follows:

"The petitioners respectfully submits as under:

That, the respondents have filed the memo by closing the execution petition No.17/2018 filed by them. In view of closing of execution petition, this writ petition will not survive for consideration. As such this writ petition may kindly be closed as infructuous."

2. In view of the same, the above writ petition is

dismissed as having been rendered infructuous.

Sd/-

(C.M. POONACHA) JUDGE

PNV/CT-ASC