IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 29^TH DAY OF MARCH 2021

BEFORE

THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

W.P.NO.111686/2019 (CS-RES)

BETWEEN

SHIVANAND LAXMAN HOSMANI

SINCE DECEASED BY LEGAL REPRESENTATIVES

1.

1b). SMT.LAXMI W/O SHIVANANDA HOSMANI,

AGE: 40 YEARS, OCC: HOUSEHOLD WORK,

R/O: VISHESH NILAYA, MAIN BAZAR,

DHANVANTRI HOSPITAL, HUNAGUND,

AT PRESENT R/O: C/O BASAVARAJ

AMRUT NIMBALKAR, SHANMUKH NAGAR,

NEAR GOL GUMBAZ, VIJAYAPURA.

2 .

1c). KUMAR VISHESHA S/O SHIVANAND HOSMANI

AGE: 11 YEARS, OCC: STUDENT,

3 .

1d). KUMARI VINANTHI D/O SHIVANAND HOSMANI

AGE: 7 YEARS, OCC: STUDENT,

PETITIONERS 2 AND 3 ARE MINOR, REP. BY NATURAL

GUARDIAN MOTHER PETITIONER NO.1.

SMT.LAXMI W/O SHIVANANDA HOSMANI,

AGE: 40 YEARS, OCCO: HOUSEHOLD WORK,

R/O: VISHESH NILAYA, MAIN BAZAR,

DHANVANTRI HOSPITAL,

HUNAGUND, AT PRESENT R/O: C/O BASAVARAJ

AMRUT NIMBALKAR, SHANMUKH NAGAR,

NEAR GOL GUMBAZ, VIJAYAPURA.

... PETITIONERS

(BY SRI.M.L.LADKHAN, ADV.)

2

AND

1 .

STATE OF KARNATAKA

BY ITS SECRETARY,

CO-OPERATIVE DEPARTMENT,

(CHIT FUNDS),

MULTI STORIED BUILDNG,

DR.B.R.AMBEDKAR VEEDHI,

BENGALURU-560001.

2 .

THE REGISTRAR OF CHITS AND

DEPUTY REGISTRAR OF

CO-OPERATIVE SOCIETIES,

BAGALKOTE,

TQ and DIST: BAGALKOTE-587101.

3 .

NOMINEE OF DEPUTY REGISTRAR OF

CHIT FUNDS AND CO-OPERATIVE SOCIETY,

IN RE DISPUTE NO.46/2015-16,

SRI.S.L.HODALUR,

ADVOCATE AND ARBITRATOR,

TQ and DIST: BAGALKOTE.

4 .

SHRI.RAMESHWAR (BGK) CHITS PRIVATE LIMITED

HAVING ITS REGISTERED OFFICE AT

2ND FLOOR,

D.V. SARAF COMPLEX,

NEAR HEAD POST OFFICE,

BAGALKOTE,

TQ and DIST: BAGALKOTE-587101,

REP. BY ITS FOREMAN,

SRI.SHASHIDHAR SHIVASHARANAPPA MALIPATIL.

5 .

SMT.NINGAVVA LAXMAN HOSMANI

AGE: MAJOR,

OCC: HOUSEHOLD,

R/O: VISHESH NILAYA,

MAIN BAZAR,

DHANVANTRI HOSPITAL,

HUNAGUND,

DIST: BAGALKAOTE.

3

6 .

DR.HANAMANTHAPPA MANGALAPPA PUJAR

AGE: MAJOR,

OCC: DENTIST,

SPOORTHY DENTAL CLINIC,

BAGALKOTE ROAD,

HUNAGUND,

DIST: BAGALKOTE.

7 .

DR.SHIRKANTAYYA DUNDAYYA KAMBALIMATH

#1568/2,

WARD NO.4,

HUNAGUND,

TQ: HUNAGUND,

DIST: BAGALKOTE.

8 .

ANAND LAXMAN HOSMANI

AGE: MAJOR,

OCC: BUSINESS,

SPOORTHY DENTAL CLINIC,

BAGALKOTE ROAD,

HUNAGUND,

DIST: BAGALKOTE.

... RESPONDENTS

(BY SRI.V.S.KALASURMATH, HCGP FOR R1 & R2)

THIS PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE

CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR

APPROPRIATE ORDER OR DIRECTION IN NATURE OF WRIT OF

CERTIORARI QUASHING DISPUTE CHITI VYJYADRBGK/CHITS/DAVA

NO.46/2015/706 DATED 18-03-2017 DISPOED OF BY RESPONDENT

NO.3 THE NOMIN EE, DEPUTY REGISTRAR OF CO OPERATIVE

SOCIETY AND CHIEF FUNDS, BAGALKOT, AS PER ANEXURE-J, AS FAR

AS PETITIONERS ARE CONCERNED. TO ISSUE APPROPRIATE WRIT OR

APPROPRIATE ORDER OR APPROPRIATE DIRECTION IN NATURE OF

WRIT OF MANDAMUS DIRECTING RESPONDENT NO.3 THE NOMINEE,

DEPUTY REGISTRAR OF CO OPERATIVE SOCIETY AND CHIT FUNDS,

BAGALKOT,

IN

CHITI

VYJYADRBGK/CHITS/DAVA.NO.46/2015-16

DATED 18.03.2017 TO PROCEED AGAINST RESPONDENT NO.6 AND 7,

IN THE INTEREST OF JUSTICE

THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS

DAY, THE COURT MADE THE FOLLOWING:

4

ORDER

The captioned writ petition is filed challenging the

order passed by respondent No.3 as per Annexure-J.

2.

Heard the learned counsel for the petitioners

and learned High Court Government Pleader for respondent

Nos.1 and 2.

3.

Learned

HCGP

has

raised

a

preliminary

objection in regard to maintainability of the writ petition.

He submits that, if the petitioners are aggrieved by an

order passed under Section 64 of the Chit Funds Act, 1982

(hereinafter referred to as ‘the Act’ for short), the

petitioners have an efficacious and statutory remedy by

way of an appeal under Section 74 of the Act. In that view

of the matter, the grievance of t