Karnataka High Court: While deciding the instant appeal challenging the Single Judge bench decision whereby which the appellant was directed to explore his remedies under S. 70 of Karnataka Cooperative Societies Act, 1959; the Division Bench of Prasanna B. Varale, CJ.*, and Krishna S. Dixit, J., in the context of the instant matter reiterated that, disputes of the kind which require both oral and documentary evidence are not ordinarily taken up for examination in writ jurisdiction; it is more so when the remedy provided under S. 70 of Karnataka Cooperative Societies Act, 1959 happens to be alternate and more efficacious one.
As per the appellants, Housing Cooperative Society having secured bulk allotment of lands at the hands of the Government, had formed Layouts way back in 10-02-2014. Appellant contended that it was the bounden duty to put them in the possession of respective sites formed in the 4th Phase of Girinagar, Bengaluru. However, the subject sites having been unauthorisedly occupied, the Bangalore Development Authority ought to have directed the Society to remove the occupants so that the said sites are put in the possession of the appellants. This having not been done, the appellants had filed the subject writ petition. They were directed by the single Judge Bench to approach the Registrar of Cooperative Societies under Section 70 of Karnataka Cooperative Societies Act, 1959, to seek such relief as is available. Counsel for the appellant argued that the order of the single Judge was contrary to law and needs to be set aside.
Perusing the facts of the case, the Court was not inclined to interfere in the matter as several disputed facts are involved which merit an adjudication under S. 70 of the Karnataka Cooperative Societies Act, 1959. Taking note of the available remedy in S. 70 of the Karnataka Cooperative Societies Act, the Court thus rejected the appeal in limine.
[B. Srinivas Rao v. Bangalore Development Authority, WRIT APPEAL NO. 1183 OF 2022, decided on 08-09-2023]
*Order by Chief Justice Prasanna B. Varale
Advocates who appeared in this case :
Appellant- Srinivas Manohar Kulkarni, Advocate