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2025 DAILYLAW 59999 (KAR)

SHRI. GOUSMOHIDIN S/O NAZIRHAMMED MOMINDADA v. SHRI. ASHOK S/O SHIDDAPPA AASANGI

WP/105714/2025 · 2025-08-14

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10250 WP No. 105714 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105714 OF 2025 (GM-CON) BETWEEN: SHRI. GOUSMOHIDIN S/O. NAZIRHAMMED MOMINDADA, (ALLEGED TO BE THE CHAIRMAN OF BASAVESHWARA MULTIPURPOSE, SOUHARDA SAHAKARI NIYAMITA, BELAGAVI) AGE: 53 YEARS, OCC. SERVICE, R/O. #466, GANDHI NAGAR, HUKKERI, BELAGAVI, KARNATAKA-591309. …PETITIONER (BY SRI. SOURABH HEGDE, ADVOCATE) AND: SHRI. ASHOK S/O SHIDDAPPA AASANGI AGE: 45 YEARS, OCC. BUSINESS AND HOUSE HOLD, R/O. BASAVANAGUDI, ATHANI, TQ. ATHANI, DIST. BELGAVI-591304. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO a) QUASHING THE IMPUGNED SUMMONS DATED 21.04.2025 IN CRIMINAL COMPLIANT NO.573/2023 ISSUED BY THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BELAGAVI VIDE ANNEXURE-A, IN SO FAR AS PETITIONER IS CONCERNED IN THIS WP. b) ISSUE A WRIT IN THE NATURE OF DECLARATION, DECLARING THAT, PETITIONER CANNOT BE ARRAYED AS PARTY (ON PERSONAL CAPACITY) BY THE GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.16 10:55:41 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10250 WP No. 105714 of 2025 DEPOSITORS OF BASAVESHWAR MULTIPURPOSE SOUHARDA SAHAKARI NIYAMIT, BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BELAGAVI, AS HE IS NOT THE SERVICE PROVIDE. c) AWARDING THE COST OF THE LITIGATION. d) ANY OTHER ORDER AS MAY BE DEEMED NECESSARY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a)Quashing the impugned summons dated 21.04.2025 in Criminal Compliant No.573/2023 issued by The District Consumer Disputes Redressal Commission, Belagavi vide Annexure-A, in so far as petitioner is concerned in this WP. b) Issue a writ in the nature of declaration, declaring that, Petitioner cannot be arrayed as party (on personal capacity) by the depositors of Basaveshwar Multipurpose Souharda Sahakari Niyamit, before the District Consumer Disputes Redressal Commission, Belagavi, as he is not the service provide. c) Awarding the cost of the litigation. d) Any other order as may be deemed necessary. 2. What has been challenged by the petitioner is the summons issued vide order dated 21.04.2025 in - 3 - HC-KAR NC: 2025:KHC-D:10250 WP No. 105714 of 2025 Criminal Complaint No.573/2023 by the District Consumer Dispute Redressal Commission, Belagavi. 3. The vehement submission of Sri.Sourabh Hegde, learned counsel for the petitioner is that, the petitioner is not concerned with the Basaveshwara Multipurpose Souharda Sahakari Niyamitha, Belagavi and despite which notice has been issued. 4. If that be so, it is for the petitioner to place the said facts on record before the Consumer Dispute Redressal Commission and not to challenge the same before this Court. No grounds being made out, reserving liberty to the petitioner to place the relevant material and file such application as may be permissible, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE gab Ct:pa List No.: 1 Sl No.: 10