ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH) This writ petition has been filed to impugn the order dated 01.04.2023 and the entire proceedings pending before the Land Grabbing Prohibition Special Courts (CH-
1) at Bangalore in L.G.C.(G) No. 30 of 2023.
2. Learned counsel for the petitioner submits that the petitioners are former members of the governing body of the Cosmopolitan Club. The Club itself, registered as a society since 1934, is not impleaded as a party to the proceedings. He contends that since the Club is a body
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corporate, it is the present managing committee that is duty-bound to answer the allegations of land grabbing, not the ex-members in their individual capacity.
3. He therefore submits that in the absence of the Cosmopolitan Club as a party, the complaint is not maintainable.
4. Having considered the substance of the submissions, we find merit in this contention. Accordingly, this writ petition is disposed of with the following direction:
5. The concerned Land Grabbing Court is directed to implead the Cosmopolitan Club, Tiptur Taluk, as a necessary party respondent in L.G.C.(G) No. 30 of 2023. The Court shall issue notice to the Club to respond to the allegations regarding the land grabbing of 2 acres and 20 guntas of government land.
6. Thereafter, if the Court considers the presence of the present petitioners necessary, it may issue fresh
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summons to them. All contentions of both sides are kept open.
7. With the aforesaid direction, the present writ petition stands disposed of.
(D K SINGH)
JUDGE
(TARA VITASTA GANJU)
JUDGE
TIN
List No.: 1 Sl No.: 15