Karnataka High Court
The Karnataka State vs The State Of Karnataka on 2 July, 2019
Author: G.Narendar
Bench: G.Narendar
WP 55408-09/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2019
BEFORE
THE HON'BLE MR.JUSTICE G.NARENDAR
W.P.NOS.55408-09/2018 (CS-RES)
BETWEEN:
THE KARNATAKA STATE
GOVT. PENSIONERS ASSOCIATION (R),
OFFICE AT: KARNATAKA STATE GOVT.
EMPLOYEES BHAVANA,
CUBBON PARK,
BANGALORE - 560 001,
REPRESENTED BY ITS
PRESIDENT AND SECRETARY.
1. MR. D.N.SAMPATH,
AGED ABOUT 92 YEARS,
S/O LATE NARASIMHA.
2. MR. REVANNASIDDAIAH,
AGED ABOUT 81 YEARS,
S/O LATE REVAIAH. ... PETITIONERS
(BY SRI D.GANGADHARA, ADV.)
AND:
1. THE STATE OF KARNATAKA,
REPTD. BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,
M.S.BUILDING/VIKASA SOUDHA,
BANGALORE - 560 001.
2. THE DISTRICT REGISTRAR
OF SOCIETIES,
4TH ZONE, SAHAKARA BHAVANA,
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8TH CROSS, MALLESHWARAM,
BANGALORE - 560 003.
3. DR. L.BYRAPPA,
S/O NOT KNOWN,
AGED ABOUT 63 YEARS,
R/AT C/O KARNATAKA STATE
GOVT. PENSIONERS ASSOCIATION (R),
KARNATAKA STATE GOVT.
EMPLOYEES BHAVANA,
CUBBON PARK,
BANGALORE - 560 001.
4. MR. JAYADEVAPPA.K.,
AGED ABOUT 75 YEARS,
S/O KARIYAPPA,
R/AT NO.31, 1ST 'B' MAIN ROAD,
SHAKTI GARDEN,
KALYAN NAGAR,
BANGALORE - 560 072.
5. MR. M.V.RAJASHEKARAIAH,
AGED ABOUT 65 YEARS,
S/O LATE M.B.VEEREGOWDA,
R/AT NO.22/1F, SIDEDAHALLI,
OPP: GOVERNMENT PRIMARY
SCHOOL, HESSARAGHATTA ROAD,
BANGALORE - 560 073.
6. MR. RANGEGOWDA,
AGED ABOUT 62 YEARS,
S/O NOT KNOWN,
R/AT C/O KARNATAKA STATE
GOVT. PENSIONERS ASSOCIATION (R),
KARNATAKA STATE GOVT.
EMPLOYOEES BHAVANA,
CUBBON PARK,
BANGALORE - 560 001.
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7. MR. GANESHA.H.V.,
AGED ABOUT 77 YEARS,
S/O VENKATARAMANAGOWDA,
R/AT NO.884, S.S.NAGARA,
BANNIMANTAPA 'B' LAYOUT,
MYSURU - 570 005.
8. MR. PALAIAH,
AGED ABOUT 65 YEARS,
PRESIDENT OF THE KARNATAKA
STATE PENSIONERS ASSOCIATION,
JAGALURU BRANCH,
R/AT C/O NARAPPA,
NARADAMUNI NILAYA,
RANGANATHA BADAVANE,
JAGALURU - 577 513,
CHITRADURGA DISTRICT. ... RESPONDENTS
(BY SRI S.T.NAIK, HCGP FOR R-1 & R-2;
SRI B.ROOPESHA, ADV. FOR R-3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT R-2 AUTHORITY TO CONSIDERATION OF THEN
PETITIONERS ASSOCIATION GB PROCEEDINGS DATED
30.10.2018 (ANNEXURE-E) AND ANNEXURE-K DATED
04.12.2018 TO RENEWAL OF THE ASSOCIATION ELECTED
BODY AND CONTINUATION OF THE PETITIONERS
ASSOCIATION.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
1. Heard the learned Counsel for the petitioner and the learned Counsel for respondent No.3.
2. Learned Counsel for respondent No.3 files a memo dated 02.07.2019 enclosing therewith the copy of the order passed in O.S.No.9182/2018.
3. On perusal of the cause title in the original suit, it is seen that the writ petitioner herein is the plaintiff therein and in the said suit, the Trial Court by order dated 21.12.2018 has directed holding of elections, pursuant to which elections have been held and a copy of the list of elected office bearers is also enclosed. The Trial Court by its interim order has further permitted the elected body to take charge.
4. Petitioner has instituted the suit after filing of the instant writ petition, probably motivated by the fact that they were not successful in convincing the court in granting interim order in the instant writ petition. Petitioner has sought for a similar relief in the suit also.
WP 55408-09/2018 5 Party is not entitled to maintain parallel proceedings in respect of the same relief. Hence, petition is dismissed with costs of Rs.25,000/- to be deposited within a period of two weeks, failing which, the Registrar to take steps to recover the same.
Sd/-
JUDGE KK CT-HR