Writ Petition No. 28698 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:14480 WP No. 28698 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28698 OF 2024 (CS-RES) BETWEEN: SRI SHIVANANJAPPA SINCE DEAD BY HIS LR’s 1 a) A.M. NAGARATHNAMMA W/O LATE SHIVANANJAPPA AGED ABOUT 65 YEARS 1b) MANU T.S. S/O LATE SHIVANANJAPPA AGED ABOUT 49 YEARS BOTH ARE RESIDING AT LINGAYATHAYARA BEEDHI, TURUVANAHALLI VILLAGE, KUDER POST, MYSORE DISTRICT-571316. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA 1(c) SHALINI NIRANJAN D/O LATE SHIVANANJAPPA C/O S. NIRANJAN WADEIYAR AGED ABOUT 47 YEARS RESIDING AT NO.1557, 19TH CROSS, ROOPA NAGAR, NEAR AMRITHA KRIPA HOSPITAL MYSORE-570026.
Legal Reasoning
(BY SRI. T. DADAKHALANDAR FOR P1 (A-C) .,ADVOCATE) …PETITIONERS AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, 6TH FLOOR, DR. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY. - 2 - NC: 2025:KHC:14480 WP No. 28698 of 2024 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES D.C. OFFICE BUILDING, 3RD FLOOR, CHAMARAJANAGARA, CHAMARAJANAGARA DISTRICT, PIN-571 313. 3. TALUK AGRICULTURAL PRODUCERS MARKETING CO-OPERATIVE SOCIETY LTD., SOMAWARPET ROAD, NEAR TALUK PANCHAYATH OFFICE, CHAMARAJANAGARA DISTRICT, PIN-571 313, BY ITS CHIEF EXECUTIVE OFFICER/SECRETARY, (REGISTERED UNDER KARNATAKA CO-OP SOCIETIES ACT, 1959) (BY SRI. YOGESH D. NAIK., AGA FOR R1 & R2 R3- SERVED) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 18-9-2024 PASSED IN MISC NO. 15/2021 BY THE KARNATAKA STATE TRUBUNAL VIDE ANNEXURE E AND RESTORE THE APPEAL NO. 191.2016 VIDE ANNEXUR-B TO HEAR ON MERITS BY THE KARNATAKA APPELLATE TRIBUNAL AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ of certiorari quashing the order dated 18.9.2024 passed in Misc No.15/2021 by the Karnataka Appellate Tribunal vide Annexure-E and restore the appeal No. 191/2016 vide Annexure-E - 3 - NC: 2025:KHC:14480 WP No. 28698 of 2024 restore the appeal No.191/2016 vide and Annexure-B to hear on merits by the Karnataka Appellate Tribunal. ii. Pass such order/s as this Hon’ble Court deems fit under the circumstances of the case, in the interest of justice. 2. A Surcharge proceeding has been initiated against the petitioner under the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as “KCS Act”) in Application No.1/2002-03 vide order dated 24.06.2016 directing the petitioner to make good a sum of Rs.16,38,330/- along with interest at the rate of 18% per annum. 3. The petitioner had filed an appeal before the Karnataka Appellate Tribunal in Appeal No.191/2016, on scrutiny of the said appeal, the registry of the Appellate Tribunal of the KAT had raised certain objections which were not rectified. Taking into consideration that there was no appearance on part of the petitioner either by the petitioner or by the counsel, the said appeal came to be dismissed vide order dated 18.09.2024 at Annexure-B. A - 4 - NC: 2025:KHC:14480 WP No. 28698 of 2024 Miscellaneous petition in Misc.No.15/2021 has been filed. An application for condonation of delay came to be dismissed. Consequently, the Misc.Petition came to be dismissed. It is challenging the same, that the petitioner is before this Court seeking for the aforesaid reliefs. 4. Sri.T.Dadakhalandar., learned counsel for the petitioner submits that; 4.1. The obligation for rectifying the defects was on counsel, the petitioner was not aware of the same not having been rectified and/or the adjournments which had occurred in the matter. It is only on the petitioner enquiring with the counsel as regards the status of the matter that he came to know of the dismissal on account of non-compliance. 4.2. He therefore submits that due to the default on part of the counsel, the petitioner ought not to be made to suffer and as such he submits that if the appeal is restored to file, the petitioner - 5 - NC: 2025:KHC:14480 WP No. 28698 of 2024 having a good case on merits would contest the same. 5. A perusal of the order dated 18.09.2022 would indicate that the appeal having been filed on 16.09.2016, till 16.03.2018 there was no appearance on part of the appellant or the counsel during which time there were 15 adjournments which were granted. It is in that background that the Miscellaneous Petition filed for restoration of the appeal by condonation of the delay of 3 years 3 months and 16 days was dismissed. 6. The delay of 3 years 3 months and 16 days is attributed by the petitioner to the non-receipt of information by the petitioner from the counsel. The petitioner contends that the petitioner came to know of the same only on 01.07.2021 and thereafter the appeal was filed within the time prescribed. If the same were to be taken into consideration from the date of knowledge, there is no delay in filing the Miscellaneous Petition. - 6 - NC: 2025:KHC:14480 WP No. 28698 of 2024 7. The submission essentially is that there was no communication by the counsel to the petitioner and as such the petitioner was not aware of the dismissal of the appeal due to non-compliance of the office objection. 8. In view of the specific submission made by the counsel for the petitioner that the petitioner has a good case on merits, I am of the considered opinion that the technical aspects ought not to come in the way of the petitioner agitating his rights on merits. 9. However, what can be seen is on account of non-communication of the daily order passed in the proceedings, the petitioner was not aware of the status of the matter. In that view of the matter, the Registrar, Karnataka Appellate Tribunal is directed to ensure that the mobile number and email ID of the parties are collected at the time of filing of the petition/appeal/objection/application etc. Apart from the mobile number and email ID of the counsel and the daily orders in the matters filed are - 7 - NC: 2025:KHC:14480 WP No. 28698 of 2024 communicated to both the counsel and the parties in the matter so that these kind of situations are avoided in future. An affidavit to that effect to be filed by the Registrar, Karnataka Appellate Tribunal within three weeks from today. 10. Taking into account the aforesaid submission in the interest of justice, the above petition is required to be allowed, as such, I pass the following i. ii.
Decision
ORDER The writ petition is allowed. A certiorari is issued, the order dated 18.9.2024 passed in Misc. No.15 of 2021 by the Karnataka Tribunal at Annexure-E is quashed. Consequently, Misc.No.15 of 2021 is allowed. iii. By accepting the reasons that the petitioner did not know about the dismissal of the appeal. As such, the appeal No.191 of 2016 is restored to the file of the Karnataka Appellate Tribunal. iv. The Karnataka Appellate Tribunal is directed to issue necessary notices to the concerned - 8 - NC: 2025:KHC:14480 WP No. 28698 of 2024 parties and thereafter proceed with the matter in accordance with law. v. Though the writ petition is disposed of, to enable the Registrar, Karnataka Appellate Tribunal to file an affidavit in terms of the above direction. Re-list on 28.4.2025 at 2.30 p.m. vi. Learned AGA is directed to communicate the above order to the Registrar, Karnataka Appellate Tribunal and ensure compliance thereof, if necessary, with the co-operation of the Principal Secretary, e-Governance Department. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 96