Madalambika vs Joint Registrar Of Co-Operative ... on 26 September, 2016

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Karnataka High Court

Madalambika vs Joint Registrar Of Co-Operative ... on 26 September, 2016

Bench: S.Abdul Nazeer

                              1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 26TH DAY OF SEPTEMBER, 2016

                       BEFORE

      THE HON'BLE MR.JUSTICE S.ABDUL NAZEER

 WRIT PETITION Nos.51265-51273 OF 2016 (CS-RES)

BETWEEN:

1.     MADALAMBIKA
       W/O. MAHADEVAPPA,
       AGED ABOUT 45 YEARS,
       R/AT HANGALA VILLAGE AND HOBLI,
       GUNDALPET TALUK, CHAMARAJANAGAR-573 111.

2.     BELLEGOWDA
       S/O BASAVEGOWDA,
       AGED ABOUT 64 YEARS,
       R/AT KALIGOWDANA HALLI,
       HANGALA HOBLI, GUNDALPET TALUK,
       CHAMARAJANAGAR-573 111.

3.     SHAMBAPPA
       S/O PUTTAVEERAPPA,
       AGED ABOUT 56 YEARS,
       DEVARAHALLI VILLAGE,
       HANGALA HOBLI, GUNDALPET TALUK,
       CHAMARAJANAGAR DISTRICT.

4.     H. D. DODDANAIAKA
       S/O KALANAIKA,
       AGED ABOUT 48 YEARS,

5.     H. B. MAHADEVAPPA
       S/O BASAPPA,
       AGED ABOUT 52 YEARS,

6.     H. N. RAJU
       S/O LATE NAGAPPA,
       AGED ABOUT 44 YEARS,
                               2



       PETITIONER NO.4 TO 6 ARE ALL
       R/AT HANGALA VILLAGE AND HOBLI,
       GUNDALPET TALUK, CHAMARAJANAGAR-573 111.

7.     G. MANJUNATH,
       S/O GOPAPPA,
       AGED ABOUT 45 YEARS,
       KUNAGALLI GRAMA,HANGALA HOBLI,
       GUNDALPET TALUK, CHAMARAJANAGAR-573 111.

8.     MAHADEVAPPA
       S/O MALLAPPA,
       AGED ABOUT 35 YEARS,

9.     NAGAMALLAPPA
       S/O BASAPPA,
       AGED ABOUT 45 YEARS,

       PETITINERS NO.8 AND 9 ARE
       R/AT HANGALA VILLAGE AND HOBLI,
       GUNDALPET TALUK,
       CHAMARAJANAGAR-573 111.            ... PETITIONERS

       (BY SRI VEERABHADRA SWAMY.H.P, ADV.)

AND:

1.     JOINT REGISTRAR OF
       CO-OPERATIVE SOCIETIES
       MYSORE REGION,
       PUBLIC OFFICE BUILDINGS,
       MYSORE- 570 024.

2.     DEPUTY REGISTRAR OF
       CO-OPERATIVE SOCIETIES
       NO.330, 3RD FLOOR,
       DISTRICT ADMINISTRATIVE BUILDING,
       CHAMARAJANAGAR- 571 111.          ... RESPONDENTS

       (BY SMT. SAVITHRAMMA, HCGP FOR R1 & R2)

      THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 TO DISPOSE OF THE APPLICATION FOR STAY
FILED     BY    THE     PETITIONER'S    IN     APPEAL
                             3



NO.JRM/DAP/01/2016-17 ON THE FILE OF THE R-1 VIDE
ANNEX-B1.

     THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:

                       ORDER

Petitioners contend that they have filed an appeal challenging the order at Annexure-A dated 8.6.2016 passed by the 2nd respondent by filing an appeal No.JRM/DAT/01/2016-17 before the 1st respondent. It is further contended that in the said appeal, an application has been filed seeking interim stay of the order at Annexure-A.

2. Learned counsel appearing for the petitioners submits that the 1st respondent has not passed an order on the said application.

3. Having heard the learned counsel for the parties, I am of the view that the first respondent has to consider the application at Annxure-B1 in Appeal No.JRM/DAT/01-2016-17 at an early date. Therefore 4 the 1st respondent is directed to consider the application within a period of four weeks from the date of receipt of copy of this order. Writ petitions are disposed of accordingly. No costs.

Sd/-

JUDGE KLY/

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