Case Note & Summary
The petitioner, The South Canara District Central Cooperative Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a letter bearing No.RCS/KMC-1/01/25-26 dated 04.04.2025 allegedly issued by the 1st and 2nd respondents (Registrar of Cooperative Societies and Joint Registrar of Cooperative Societies). The petitioner claimed that the letter was an internal communication affecting its interests. However, the respondents, represented by the Additional Government Advocate, denied the existence of any such letter and submitted that the petitioner had not produced the impugned letter before the court. The court observed that the petitioner had not placed the alleged letter on record and that the respondents disputed its existence. Consequently, the court held that the petition was premature and that no cause of action had arisen. The petition was dismissed at the stage of admission without issuing notice to the respondents. The court did not examine any substantive legal issues due to the lack of a proper impugned order.
Headnote
A) Constitutional Law - Writ Jurisdiction - Premature Petition - Articles 226 and 227 of the Constitution of India - The petitioner sought quashing of a letter dated 04.04.2025 allegedly issued by the Registrar of Cooperative Societies. The respondents denied the existence of such letter and the petitioner failed to produce it. The court held that without the impugned order being placed on record, the petition is premature and no cause of action arises. Dismissed at the stage of admission. (Para 3)
Issue of Consideration
Whether a writ petition challenging an alleged letter that was not produced and whose existence was disputed by the respondents is maintainable.
Final Decision
The writ petition is dismissed at the stage of admission. No order as to costs.
Law Points
- Writ jurisdiction under Articles 226 and 227 of Constitution of India
- Premature petition
- No cause of action
- Non-production of impugned order
- Dismissal at admission stage
Case Details
2025 LawText (KAR) (07) 54
WP No. 11264 of 2025 (CS-RES)
Rakshith Kumar (for petitioner), Yogesh D. Naik (AGA for respondents)
The South Canara District Central Cooperative Bank Ltd.
Registrar of Cooperative Societies, Joint Registrar of Cooperative Societies, Karnataka Legislative Assembly Secretariat
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of an alleged letter from the Registrar of Cooperative Societies.
Remedy Sought
Petitioner sought a writ of certiorari to quash the alleged letter dated 04.04.2025 and any other appropriate writ or direction.
Filing Reason
Petitioner claimed that an internal communication (letter) was issued by the respondents affecting its interests.
Issues
Whether the writ petition is maintainable when the impugned letter is not produced and its existence is disputed.
Submissions/Arguments
Petitioner argued that the letter dated 04.04.2025 was issued by the respondents and sought its quashing.
Respondents denied the existence of any such letter and submitted that the petitioner had not produced the impugned letter.
Ratio Decidendi
A writ petition challenging an alleged order that is not produced before the court and whose existence is disputed by the respondents is premature and does not give rise to a cause of action. Such a petition is liable to be dismissed at the admission stage.
Judgment Excerpts
The grievance of the petitioner is in that terms of the internal communication at Annexure-D...
The respondents have denied the existence of any such letter...
In the absence of the impugned order being placed on record, the petition is premature and no cause of action arises.
Procedural History
The petitioner filed WP No. 11264 of 2025 on an unspecified date. The petition came up for admission on 10.07.2025 before the High Court of Karnataka. The respondents appeared through the Additional Government Advocate and denied the existence of the impugned letter. The court dismissed the petition at the admission stage.
Acts & Sections
- Constitution of India: Articles 226, 227
