M.G.JAGADISH Vs. ADDITIONAL REGISTRAR

JUDGEMENT

(1.) The present writ petition is filed challenging the judgment dtd. 31/3/2015 passed in Appeal No.588/1999 by the Karnataka Appellate Tribunal, Bangalore (hereinafter referred to as 'the Tribunal') and for the other reliefs.

(2.) The relevant facts necessary for consideration of the present petition are that one Sri M.G.Jagadish (hereinafter referred to as 'the deceased'), a member of the second respondent - society, was allotted an industrial site bearing No.7 in Vijinapura Village, Krishnarajapura Hobli, Bengaluru South Taluk, measuring east to west 50 feet, north to south 100 feet in the Industrial layout called "OMR Layout" and possession of the said site was handed over to him vide Possession Certificate dtd. 17/6/1970. Construction in the said site was required to be undertaken within a specified time frame. Having failed to do so, the Board of the second respondent - society vide resolution dtd. 24/8/1989 cancelled the allotment of the said site and the said cancellation was communicated vide letter dtd. 8/9/1989 which was admittedly received on 12/9/1989. On 9/8/1996 a dispute was raised by the deceased before the Additional Director, Department of Industries and Commerce, which was the wrong forum for challenging the same and vide endorsement issued in August, 1997, the same was returned.

(3.) Thereafter, on 11/8/1997 a dispute was raised under Sec. 70 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act'). An application was filed for condonation of delay in prosecuting the dispute which was dismissed vide order dtd. 27/7/1999. Being aggrieved, Appeal No.588/1999 was preferred by the deceased before the Tribunal, which was dismissed. Hence, WP No.1392/2000 was filed against the order passed by the Tribunal, which was allowed by this Court vide order dtd. 11/6/2002 holding that the appeal was maintainable and the matter was remanded to the Tribunal for consideration. Being aggrieved, the society preferred WA No.3857/2002 before a Division Bench of this Court, which was dismissed on 1/10/2002. Subsequently, the Tribunal by order dtd. 12/1/2007 allowed Appeal No.588/1999, condoned the delay in raising the dispute and remanded the matter to the first respondent for disposal of the dispute on its merits.