MR DASTAGIR MOLE v. SMT HANIFA W/O ISMAIL MAKANDAR
WP/105683/2022 · 2025-09-25
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61057 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61057 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:13278 WP No. 105683 of 2022
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105683 OF 2022 (GM-CON) BETWEEN:
MR. DASTAGIR MOLE AGE. 65 YEARS, OCC. BUSINESS, R/O. ATHANI, DIST. BELAGAVI.
…PETITIONER (BY SRI. ANWARALI D.NADAF, ADVOCATE)
AND:
1.
SMT. HANIFA W/O ISMAIL MAKANDAR AGE. MAJOR, OCC. COOLIE, R/O. PARTHANHALLI, TQ. ATHANI, DIST. BELAGAVI-591304.
2.
SMT. FARJANABI ADAM BIRADAR AGE. MAJOR, OCC. COOLIE, R/O. PARTHANHALLI, TQ. ATHANI, DIST. BELAGAVI-591304.
3.
SMT. ROSHAN CHANDSAB B. PATIL AGE. MAJOR, OCC. COOLIE, R/O. PARTHANHALLI, TQ. ATHANI, DIST. BELAGAVI-591304.
4.
SRI PAIGAMBAR GUDUSAB MOLE AGE. MAJOR, OCC. COOLIE, R/O. PARTHANHALLI, TQ. ATHANI, DIST. BELAGAVI-591304.
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
- 2 -
HC-KAR NC: 2025:KHC-D:13278 WP No. 105683 of 2022
5.
SRI HANIF CHANDSAB BIRADAR AGE. MAJOR, OCC. COOLIE, R/O. PARTHANHALLI, TQ. ATHANI, DIST. BELAGAVI-591304.
6.
SRI RAFIK GUDUSAB MOLE AGE. MAJOR, OCC. COOLIE, R/O. PARTHANHALLI, TQ. ATHANI, DIST. BELAGAVI-591304.
7.
SRI CHANDSAB MAHAMMAD BIRADAR AGE. MAJOR, OCC. COOLIE, R/O. PARTHANHALLI, TQ. ATHANI, DIST. BELAGAVI-591304.
8.
SMT. JILEKHA GUDUSAB MOLE AGE. MAJOR, OCC. COOLIE, R/O. PARTHANHALLI, TQ. ATHANI, DIST. BELAGAVI-591304.
9.
SMT. HANIFABI HAJILAL LADSAB MUJAWAR AGE. MAJOR, OCC. COOLIE, R/O. PARTHANHALLI, TQ. ATHANI, DIST. BELAGAVI-591304.
10. SRI ILAI GAFUR MAKANDAR AGE. MAJOR, OCC. COOLIE, R/O. PARTHANHALLI, TQ. ATHANI, DIST. BELAGAVI-591304.
11. SRI ISMAIL GAFUR MAKANADAR AGE. MAJOR, OCC. COOLIE, R/O. PARTHANHALLI, TQ. ATHANI, DIST. BELAGAVI-591304.
…RESPONDENTS (BY SRI. M.M. JAMADAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A.
- 3 -
HC-KAR NC: 2025:KHC-D:13278 WP No. 105683 of 2022
QUASHING THE IMPUGNED PROCEEDINGS IN CRIMINAL COMPLAINTS PENDING ON THE FILE OF DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BELAGAVI, IN EP 16, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 OF 2019 VIDE ANNEXURES E, E1 TO E10. B. ISSUE A WRIT IN THE NATURE OF DECLARATION, DECLARING THAT, THE PETITIONER/ACCUSED NO.4 IS NOT ENTITLED TO BE ARRAYED AS PARTY BY THE RESPONDENTS AS HE IS NOT THE REGISTERED (DIRECTOR/BODY) MEMBER OF THE (THE ALPASANKYAT MAHILEYAR VIVIDH UDDESHAGAL SAHAKARI SANGH NIYAMIT, GAVISIDDANMADDI, ATHANI, TAL.
ATHANI, DIST. BELAGAVI) SOCIETY AND ETC.,.
THIS PETITION, COMING ON FOR DISMISSAL, 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 proceedings in Criminal Complaints pending on the file of District Consumer Disputes Redressal Forum, Belagavi, in E-16, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 of 2019 vide Annexure E, E1 to E10.
B. Issue a Writ in the nature of Declaration, declaring that, the Petitioner/Accused no.4 is not entitled to be arrayed as party by the respondents as he is not the registered (director/body) member of the (The Alpasankyat Mahileyar Vividh Uddeshagal Sahakari Sangh Niyamit, Gavisiddanmaddi, Athani, Tal. Athani, Dist. Belagavi) society.
- 4 -
HC-KAR NC: 2025:KHC-D:13278 WP No. 105683 of 2022
C. Pass any other order as this Hon’ble High Court deems fit and necessary.
2.
Learned counsel for the petitioner has filed a memo seeking withdrawal of the petition.
3. Memo is taken on record. In view of the memo, the petition is dismissed as withdrawn.
Sd/- (SURAJ GOVINDARAJ) JUDGE
SH CT: UMD List No.: 2 Sl No.: 20