Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 22480 (KAR)

S NAGENDRA v. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

WP/14547/2015 · 2025-03-21

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:12418 WP No. 14547 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14547 OF 2015 (CS-DAS) BETWEEN: S. NAGENDRA S/O H.P. SIDDAIAH, AGED ABOUT 56 YEARS, "NAGENDRA NILAYA" ARKESHWARA NAGARA, GUTTALU, MANDYA. …PETITIONER (BY SRI. DEVI PRASAD SHETTY, ADVOCATE) AND: 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DIVISION, MYSORE - 570 001. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA - 571 401. 3. MANDYA DISTRICT CO-OPERATIVE AGRICULTURE PRODUCE MARKETING UNION LIMITED, BEHIND DRCS OFFICE, MANDYA - 571 401, REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R2; SRI. ANANDA K, ADVOCATE FOR R3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12418 WP No. 14547 of 2015 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE VIDE ANN-K ISSUED BY THE R-2 IN FORM NO. 8 DATED 31.3.2015 AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this court seeking for the following reliefs; "(a) Issue a writ in the nature of certiorari quashing the notice prodced at Annexure - K issued by respondent No.2 in form no 8 dated 31-03-2015. (b) Issue a writ in the nature of mandamus directing the respondent no 2 to consider the representation at Annexure D2, E, E1, and H and direct the respondent no 2 to furnish the calculation of interest and the extent of amount to be paid in so far as the liability of the petitioner is concerned. (c) Issue such other appropriate writ, order or direction as this Hon'ble court deems fit under the circumstances of the case in the interest of justice and equity." 2. In view of the interim order passed the sale notification being stayed the sale could not take place, making Prayer-A redundant. The dispute between the petitioner and the respondent No.3 is as regards certain amount, which are said to be due and payable by the petitioner to - 3 - NC: 2025:KHC:12418 WP No. 14547 of 2015 respondent No.3 as regards which the petitioner is stated to have submitted representations at Annexures-D2, E, E1 and H along with a calculation of the amounts due with interest. In that view of the matter, I pass the following; O R D E R (i) Writ Petition is partly-allowed. (ii) A Mandamus is issued directing respondent No.2 to consider the representations at Annexures-D2, E, E1 and H and pass necessary orders within 15 days from the date of receipt of a copy of this order. (iii) The amount, if any, deposited by the petitioner would also have to be taken into consideration by respondent No.2 while considering the above representation. SD/- (SURAJ GOVINDARAJ) JUDGE AMM List No.: 1 Sl No.: 37