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Judgment
A.N. Venugopala Gowda, J.—An administrator was appointed on 04.12.2012 to the third respondent - Society, by the second respondent. A former Secretary of fourth respondent-Society was placed under suspension on 07.12.2012, on account of the alleged acts of misappropriation, irregularities, etc., Second respondent issued a notice dated 24.12.2012 to the Secretary, who was kept under order of suspension, to hand over the records, etc., to the Administrator appointed on 04.12.2012. An appeal filed by the Managing Committee of the fourth respondent - Society questioning the order appointing an Administrator on 04.12.2012, was dismissed by the Appellate Authority on 10.05.2013. On 15.06.2013, second respondent appointed another person as Administrator of the fourth respondent - Society for a period of six months. The Financing Bank i.e., fifth respondent sent a communication dated 19.06.2013 to the second respondent, to continue the Administrator, who was placed in charge of the Society, pursuant to orders dated 04.12.2012 and 24.12.2012. Since no action was taken, this writ petition was filed to quash an order dated 15.06.2013, as at Annexure-F, passed by the third respondent or in the alternative, to continue the earlier person, who functioned as the Administrator i.e., employee of the Financing Bank - BD & BRDC Bank Limited. The Financing bank was impleaded pursuant to an order passed on 22.07.2013. Sri Somashekar, learned advocate who appears for the fifth respondent filed a memo, with which, several records have been produced.
From the correspondence which has taken place between the Financing Bank and the Administrator on one hand and the Departmental Authorities on the other hand, it is clear that the fifth respondent had objected for the arrangement made vide the impugned order and had desired that its representative who functioned as the Administrator be continued in the larger interest of the Society and the Financing Bank.
This writ petition was heard in part and on 07.08.2013. It transpired that the second respondent would modify the order, as at Annexure-F, since the said arrangement had been made only by taking into consideration a representation dated 15.05.2013 of the villagers and few members of the Society and without even consulting the Financing Bank i.e., fifth respondent herein.
Today, Sri. K.A. Ariga, learned AGA placed on record, an order passed by the second respondent dated 07.08.2013, whereby, he has modified the impugned order i.e., Annexure-F and has placed the Supervisor of the BD & BRDC Bank Limited, Ramanagara Taluk, as the Administrator of the fourth respondent - Society. It also transpires that the election to the Managing Committee of the fourth respondent is scheduled to take place on 01.09.2013.
In view of the events which have come into being, noticed supra, there is no need to quash Annexure-F. However, the Supervisor, BD & BRDC Bank Limited, Ramanagara Taluk, appointed vide order dated 07.08.2013 shall function as the Administrator of the fourth respondent - Society, till election to the Committee of Management of the fourth respondent is held and the office bearers take charge.
IA. No. 1/2013 stands disposed of as not surviving for consideration.
Writ petition is disposed of accordingly.