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Karnataka High Court · body

2012 DIGILAW 511 (KAR)

C. Shivananjaiah v. State of Karnataka, rep by its Secretary

2012-06-27

B.S.PATIL

body2012
Judgment 1. In this writ petition petitioner is challenged the order dated 31.12.2010 passed by the Assistant Registrar of Co-Operative Societies, Tumkur Sub-Division, Tumkur under Rule 18(5) of the Karnataka Souhardha Sahakara Rules, 2004 (for short 'the Rules'). A copy of this order is produced at Annexure E. 2. Annexure E is in the nature of a certificate granted certifying that the properties bearing Sy. No. 22/A1 measuring 1 acre 7½ guntas and Sy No. 3/3D5 measuring 0.4 ½ guntas both situated at Bugudanahalli, Bellavi Hobli, Tumkur Taluk have been ordered to be transferred in the name of respondent No.3 society on account of default committed by the petitioner in discharging the amount due and payable to the said society in terms of the award passed by the Registrar, Co-Operative Societies, Tumkur. The order further made it clear that the land stood transferred in favour of the society as no auction sale could be conducted due to the absence of purchasers in the auction sale scheduled on 25.05.2010. 3. The main contention urged by the petitioner is that the impugned order Annexure E suffers from legal infirmity in as much as even in accordance with the provisions contained in Rule 18 of the Rules there is no such power to transfer the property. 4. At the time of preliminary hearing this Court had granted interim order subject to the petitioner depositing a sum of Rs.2,33,000/-. It is submitted at the Bar that the said amount has been deposited with the 3 rd respondent-Society. 5. Learned Counsel for the 3rd respondent-Society submit s t hat deducting the amount so far deposited the petitioner is due and payable a sum of Rs.66,771/- inclusive of interest as on the date of filing the statement of objections. 6. Counsel appearing for the petitioner submits that the petitioner is prepared to pay the balance amount if the court grants reasonable time. 7. In the light of this submission, writ petition is disposed of granting four weeks time to the petitioner to pay the balance amount. If the said amount is not paid within four weeks the respondents will be entitled to give effect to the impugned notice/order. 7. In the light of this submission, writ petition is disposed of granting four weeks time to the petitioner to pay the balance amount. If the said amount is not paid within four weeks the respondents will be entitled to give effect to the impugned notice/order. If the amount is paid within the period mentioned above the petitioner will be entitled to have all the rights in respect of the properties inquestion unaffected by the impugned notice/order and the said notice shall not be given effect to.