Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 45425 (KAR)

SRI JOCKIM CORREA v. THE STATE OF KARNATAKA

WP/23005/2022 · 2025-02-24

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:8340 WP No. 23005 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 23005 OF 2022 (CS-RES) BETWEEN: 1. SRI JOCKIM CORREA, AGED ABOUT 52 YEARS, S/O LATE JOHN CORREA, PRESIDENT, KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA, BANANGADY, MOODABIDRI TALUK, D K DISTRICT - 574 227. 2. SRI GANGADHARA SHETTY, S/O LATE BABU SHETTY, AGED ABJOUT 52 YEARS, KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA, BANANGADY, MOODABIDRI TALUK, D K DISTRICT - 574 227. …PETITIONERS (BY SRI.P.P.HEGDE., SENIOR ADVOCATE FOR SRI.VENKATESH SOMAREDDI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA CO-OPERATIVE DEPARTMENT, REPRESENTED BY ITS SECRETARY, VIKASA SOUDHA, BANGALORE - 560 001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8340 WP No. 23005 of 2022 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DIVISION, MYSORE - 570 004. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, D K DISTRICT, MANGALORE - 575 001. 4. KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA, A PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, ESTABLISHED IN THE YEAR 1976 AND REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, REPRESENTED BY ITS CEO, BANANGADY, MOODABIDRI TALUK, D K DISTRICT - 574 227. 5. SHRI NAGARAJA KAMATH, S/O LATE VARAKRAJ KAMAT, AGED ABOUT 47 YEARS, KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA, BANANGADY, MOODBIRI TALUK, D.K.DISTRICT - 574 227. 6. SHRI.STISH AMIN S/O LATE JAYA KOTAIN, AGED ABOUT 48 YEARS, KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA, BANANGADY,MOODBIRI TALUK, D.K.DISTRICT - 574 227. - 3 - NC: 2025:KHC:8340 WP No. 23005 of 2022 7. SHRI SADANAND POOJARY AGED ABOUT 66 YEARS, S/O LATE DHARMANNA, KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA, BANANGADY, MOODBIRI TALUK, D.K.DISTRICT - 274 227. 8. SMT.VISHALAKSHI, W/O UMESH POOJARY, AGED ABOUT 65 YEARS, KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA, BANANGADY, MOODBIRI TALUK, D.K.DISTRICT - 274 227. 9. SHRI JAGATPAL BHANDARY, AGED ABOUT 66 YEARS, S/0 LATE NEMANNA BHANDARY, AGED ABOUT 47 YEARS, KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA, BANANGADY, MOODBIRI TALUK, D.K.DISTRICT - 574 227. 10. SHRI GOIND RAJ BHAT, S/O LATE LAXMAN BHAT, AGED ABOUT 58 YEARS, KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA, BANANGADY, MOODBIRI TALUK, D.K.DISTRICT - 574 227. 11. SHRI.ASHOKNAIKA AGED ABOUT 47 YEARS, S/O LATE ITHAPNAIKA, - 4 - NC: 2025:KHC:8340 WP No. 23005 of 2022 KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA, BANANGADY, MOODBIRI TALUK, D.K.DISTRICT - 574 227. 12. SHRI.YASHODHAR NAIKA, AGED ABOUT 45 YEARS, S/O LATE HOOVAYYA NAIKA KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA, BANANGADY, MOODBIRI TALUK, D.K.DISTRICT - 574 227. 13. SRI VASANT NAIKA, S/O LATE CHINGA NAIKA, AGED ABOUT 45 YEARS, DIRECTOR, KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA, BANANGADY, MOODBIRI TALUK, D.K.DISTRICT - 574 227. …RESPONDENTS (BY SRI.YOGESH D.NAIK., AGA FOR R-1 TO R-3; SRI.DHANANJAY KUMAR., ADVOCATE FOR R-4; SRI.M.SUDHAKAR PAI., ADVOCATE FOR R-5 TO R-8, R-13; R-9, R-10, R-11 & R-12 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE PAPROPRIATE WRITS OR ORDERS, TRANSFERRING THE APPEAL NO. JRM/DAP/05/2022-23 PENDING ON THE FILE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE, DIVISION, MYSORE/ RESPONDENT NO.2 VIDE ANNEXHRE-C TO ANY OTHER COMPETENT AND IMPARTIAL AUTHORITY WITH RESPONDENT NO.1/CO-OPERATIVE DEPARTMENT AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:8340 WP No. 23005 of 2022 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Learned counsel for the petitioners is seeking for the following prayer: " WHEREFORE, the Petitioners pray that this Hon'ble Court be pleased to: (a) Issue appropriate Writs or Orders, transferring the Appeal No. JRM/DAP/05/2022-23 pending on the file of the Joint Registrar of Co- Operative Societies, Mysore Division, vide Annexure Mysore/ Respondent No.2 to any other competent and impartial authority with Respondent No.1/ Co- Operative Department; and (b) Issue a Writ of Certiorari or any other appropriate orders, quashing the impugned notification dated 21.09.2022 bearing No.SDRP- ELECTION NOTIFICATION CR-04-2022-23 issued by Respondent No.3/ Deputy Registrar of Co-Operative Societies, Mangalore declaring election to the board of Directors of Respondent No.4 Society, which is produced as Annexure 'J'; and - 6 - NC: 2025:KHC:8340 WP No. 23005 of 2022 (c) Grant such other and further reliefs as the Hon'ble Court deems fit to grant under the circumstances of the suit, in the interest of justice and equity." 2. Learned Senior Counsel for the petitioner fairly submits that the prayer sought in the writ petition has been rendered infructuous, as appeal No. JRM/DAP/05/2022-23 has been dismissed and the same has been challenged by the petitioner in W.P.No.23670/2022. 3. The submission is taken on record. 4. In light of the submission, the petition stands dismissed as having become infructuous. Sd/- ____________________ JUSTICE K.S. HEMALEKHA KVR