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2026 DAILYLAW 26307 (KAR)

MR AMRIT TRIPATHI v. STATE OF KARNATAKA

RP/323/2026 · 2026-07-03

Suraj Govindaraj

Review Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:33361 RP No. 323 of 2026 IN WP No.12939 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ REVIEW PETITION NO. 323 OF 2026 IN WRIT PETITION NO.12939 OF 2026 (GM-RES) BETWEEN: 1. MR AMRIT TRIPATHI S/O SHRI RAJENDRA TRIPATHI, AGED ABOUT 31 YEARS, RESIDING AT K-051, DLF MAIDEN HEIGHTS, RAJAPURA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 560 105 … PETITIONER (BY MR. AMRIT TRIPATHI, PARTY-IN-PERSON) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, ROOM NO. 618, 6TH FLOOR, M.S. BUILDING, BENGALURU - 560 001 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO. 1, ALI ASKER ROAD, BENGALURU - 560 052. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU URBAN ZONE-3, NO. 146, SAHAKARA SOUDHA, 8TH CROSS ROAD, 3RD MAIN ROAD, MALLESHWARAM, BENGALURU - 560 003 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33361 RP No. 323 of 2026 IN WP No.12939 of 2026 4. THE ASSISTANT REGISTRAR / PAYMENT MAKING AUTHORITY (PMA) APPOINTED FOR MAIDEN HEIGHTS APARTMENTS, O/O THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU URBAN ZONE-3, MALLESHWARAM, BENGALURU - 560 003 … RESPONDENTS (BY SRI. MOHAMMED JAFAR SHAH, AGA) THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 READ WITH SECTION 114 OF THE CPC, 1908, PRAYING TO REVIEW THE IMPUGNED DISMISSAL ORDER DATED 05.06.2026 PASSED IN WRIT PETITION NO.12939/2026 (GM-RES), IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS 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 review of the order dated 05.06.2026 passed in WP No.12939 of 2026. 2. The submission of Sri Amrith Tripathi, party-in- person, is that the demand for maintenance amounts has been made by respondent No.4, who is an Assistant Registrar. It is contended that, being a Government Officer, respondent No.4 is amenable to writ jurisdiction and, therefore, the writ petition is maintainable against him and as such, the order suffers from an error apparent on the face of the record and requires review. - 3 - HC-KAR NC: 2026:KHC:33361 RP No. 323 of 2026 IN WP No.12939 of 2026 3. I am unable to agree with the said submission, inasmuch as respondent No.4 has been appointed as an Administrator, as if he were a Payment-Making Authority, to conduct the affairs of Maiden Heights Apartment. 4. Any dispute that the petitioners may have regarding the maintenance amount demanded or the interest charged can only be adjudicated by the Trial Court, as it involves disputed questions of fact. Merely because respondent No.4 is a Government Officer would not render him amenable to the writ jurisdiction when he is discharging his duties as a payment officer in respect of an apartment association. 5. No grounds being made out, the Review petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 2