Karnataka High Court
The Asadkhan Co-Operative vs The Deputy Registrar Of on 7 November, 2024
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WP No. 108755 of 2016
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.108755 OF 2016 (CS-RES)
BETWEEN:
1. THE ASADKHAN CO-OPERATIVE
HOUSING SOCIETY LIMITED, BELAGAVI,
RPTD BY ITS CHAIRMAN
SHRI IBRAHIM @ NAUHSHAD
KAMARUDDIN SHEIKH, AGE: 45 YEARS,
R/O: MUJAWAR GALLI, BELAGAVI - 590 001.
2. THE ASADKHAN CO - OPERATIVE,
HOUSING SOCIETY LIMITED,
RPTD BY ITS SECRETARY,
SHRI ABDULKHADAR I. SOUDAGAR
AGE: 52 YEARS, R/O: NO.288,
Digitally signed
by SAROJA
HANGARAKI
MUJAWAR GALLI, BELAGAVI - 590 001.
Location: High
Court of
Karnataka
...PETITIONERS
(BY SRI F. V. PATIL, SRI NANDISH PATIL, ADVOCATES)
AND:
1. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
BELAGAVI, DIST: BELAGAVI,
COURT COMPOUND, BELGAUM.
BELAGAVI, DIST: BELAGAVI.
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WP No. 108755 of 2016
2. THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETY, BELAGAVI,
DIST: BELAGAVI, COURT COMPOUND,
BELAGAVI,
BELAGAVI, DIST. BELAGAVI.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF WRIT IN
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTICE
DATED 30.06.2016 VIDE ANNEXURE-F BRG.NO.AR-9/RSR/13/
2012-13, ISSUED BY THE RESPONDENT NO.2. ISSUE OF WRIT IN
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTICE
DATED 24.05.2016 VIDE ANNEXURE-F1 BRG.NO.AR-9/RSR/13/
2012-13, ISSUED BY THE RESPONDENT NO.2. ISSUE OF WRIT IN
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTICE
DATED 06.10.2016 VIDE ANNEXURE-BRG. NO. DRL/ ABN/
ASADKHAN/2016-17, ISSUED BY THE RESPONDENT NO.1 AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
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WP No. 108755 of 2016
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present writ petition is filed seeking for the following reliefs:
"A) Issue of Writ in the nature of certiorari by quashing the impugned notice dated 30.06.2016 vide Annexure-F brg.No.AR-9/RSR/13/2012-13, issued by the respondent No.2, in the interest of justice and equity;
B) Issue of Writ in the nature of certiorari by quashing the impugned notice dated 24.05.2016 vide Annexure-F1 brg.No.AR-9/RSR/13/2012-13, issued by the respondent No.2, in the interest of justice and equity;
C) Issue of Writ in the nature of certiorari by quashing the impugned notice dated 06.10.2016 vide Annexure-G brg.No.DRL/ABN/ASADKHAN/ 2016-17, issued by the respondent No.1, in the interest of justice and equity; D) Issue such other suitable order/s or directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity."
2. It is forthcoming that the petitioners were issued notices for initiating criminal action against them in view -4- NC: 2024:KHC-D:16311 WP No. 108755 of 2016 of petitioners not having produced the records as sought for by the official respondents. It is the case of the petitioners that the records are in the custody of the police authorities in Crime No.187/2012.
3. The learned AGA submits that Criminal Case No.478/2013, which was registered pursuant to Crime No.187/2012 has been disposed off by the Court of the JMFC- IV, Belgaum by judgment dated 21.05.2014.
4. Further, it is brought to the notice of this Court that a similar writ petition filed by the petitioners in W.P.No.80895/2013 & 81909/2013 has been disposed off by this Court vide order dated 05.06.2015.
5. In view of the fact that the records that were required by the officials of the respondents were in the custody of the police authorities, the question of any coercive action being issued against the petitioners regarding non-production of requisite records does not arise. However, since the criminal proceedings have been disposed off, it would be open for the official respondents to issue notice to the petitioners calling -5- NC: 2024:KHC-D:16311 WP No. 108755 of 2016 upon them to produce required documents in accordance with law.
6. Hence, the following:
ORDER
i) The writ petition is allowed.
ii) The impugned notices bearing Nos.AR-9/RSR/ 13/2012-13 dated 30.06.2016 (Annexure-F) issued by respondent No.2, AR-9/RSR/13/ 2012-13 dated 24.05.2016 (Annexure-F1) issued by respondent No.2, and DRL/ABN/ ASADKHAN/2016-17 dated 06.10.2016 (Annexure-G) issued by respondent No.1 are quashed.
iii) Liberty is reserved to the official respondents to initiate such other proceedings as permissible under law.
Sd/-
(C.M. POONACHA) JUDGE YAN, List No.: 1 Sl No.: 50