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1994 Supreme(Kar) 162

G.P.SHIVAPRAKASH
KARNATAKA STATE JUDICIAL EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. , BANGALORE – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
T.S.RAMACHANDRA RAO, V.B.Ganachari

G. P. SHIVAPRAKASH, J.

( 1 ) THE petitioner is a House Building Co-operative Society registered under the provisions of the Karnataka Co-operative societies Act.

( 2 ) IN this petition the petitioner-society questions the legality and validity of the circular dated 17-5-1994 issued by the second respondent - the Commissioner for Registration and Stamps in karnataka, copy of which is marked as Annexure-C. In the said circular, it is stated that the Government has issued instructions to 32 House Building Co-operative Societies to allot sites to its members and that the Government in its letter dated 11-5-1994 has issued instructions to the concerned Sub-Registrars that whenever documents are presented by the aforesaid 32 co-operative Societies the same shall be registered if only they produce the following documents: (1) No objection certificate from Registrar of Co-operative societies; (2) Release certificate from the Bangalore Development authority (BDA for short)

( 3 ) IN the said circular there is a warning to the concerned Sub-Registrars that if they were to register any document presented by the aforesaid 32 societies without production of the above two certificates, disciplinary














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