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IN THE HIGH COURT OF ,

DATED THIS THE 26TH DAY OF FEBRUARY 2013

BEFORE

THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS

WRIT PETITION NO.47905/2012 (CS - RES)

BETWEEN :

1. SRI SANATH KUMAR RAI SON OF B T RAI AGED ABOUT 54 YEARS SRI KRISHNA KARUNYA, PEDAMALE TALUK DAKSHINA DISTRICT-575 001

2. SRI S SUBBAIAH BANDARI SON OF MADAPPA BANDARI AGED ABOUT 55 YEARS RESIDENT OF SULYA GUTTAMANE AADDURU VILLAGE GURUPURA MANGALORE TALUK DISTRICT-575 001

3. SRI VINAYKUMAR SHETTY (DIRECTOR) SON OF K JAYARAMA SHETTY MANIBETTU GUTTU MANE AGED ABOUT 39 YEARS RESIDING AT MULUR VILLAGE GURUPURA POST MANGALORE TALUK DAKSHINA KANNADA DISTRICT-575 001

4. SRI PURUSHOTHAMA MALLI SON OF GANAPA MALLI AGED ABOUT 44 YEARS MEMBER, MARANKARIYA MANE GURUPURA POST

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MANGALORE TALUK DAKSHINA KANNADA DISTRICT-575 001

5. SRI NAGESH KAPETTU SON OF SHESHAPPA POOJARY AGED ABOUT 42 YEARS MEMBER, PADU. VAYA PEDUMALE POST MANGALORE TALUK DAKSHINA KANNADA DISTRICT-575 001

... PETITIONERS (BY SRI B SHARATH KUMAR, ADV.)

AND :

1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD BANGALORE-560 052

3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES DAKSHINA KANNADA DISTRICT MANGALORE-575 001

4. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES MANGALORE SUB DIVISION DAKSHINA KANNADA DISTRICT MANGALORE-575 001

5. THE PRESIDENT GURUPURA VYAVASAYA SEVA SAHAKARA SANGHA NIYAMITHA GURUPURA, MANGALORE TALUK DAKSHINA KANNADA DISTRICT-575001

6. THE CHIEF EXECUTIVE OFFICER GURUPURA VYAVASAYA SEVA SAHAKARA SANGHA NIYAMITHA

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GURUPURA, MANGALORE TALUK DAKSHINA KANNADA DISTRICT-575001

... RESPONDENTS (BY SRI HAREESH BHANDARY, ADV. FOR R5 AND R6. SRI K.A.ARIGA, AGA. FOR R1 TO R4.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF PRAYING TO DIRECT THE RESPONDENTS 5 TO 6 TO IMPLEMENT / COMPLY WITH THE ORDER DATED 4.7.2012 VIDE ANNEXURE-A PASSED BY THE 4 TH RESPONDENT IMMEDIATELY.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Petitioners are the members of respondent Nos.5 and 6

– Society. The fourth respondent passed an order as per

Annexure - A under Section 68(1) of the Co-operative

Societies Act directing the respondent Nos.5 and 6 – Society to rectify certain mistakes in the matter of conducting the

Society. Since the Society failed to comply the directions issued under Annexure A, the petitioners are before this

Court for a writ of mandamus.

2. Sri Hareesh Bhandary, learned Counsel for the respondent Nos.5 and 6 – Society submits that on

17.11.2012, they submitted a report to the 4 th respondent rectifying the mistakes pointed out in the impugned order

Annexure A.

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3. In view of this development, there is no need for

issue of a writ of mandamus. Accordingly, the petition is

hereby disposed of.

Sd/-

JUDGE

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