Karnataka High Court
P V Seetharam vs State Of Karnataka on 15 October, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:40837
WP No. 24145 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.24145 OF 2025 (GM-KSR)
BETWEEN:
P. V. SEETHARAM,
S/O. LATE VENKATAPPA,
AGED ABOUT 72 YEARS,
B.K. ROAD, RAMESHWARA LAYOUT,
MAGADI TOWN,
MAGADI - 562 120.
MEMBERSHIP NO.1579
NOTE: SENIOR CITIZEN BENEFITS NOT CLAIMED
...PETITIONER
(BY SRI. T. DADAKHALANDAR, ADVOCATE)
Digitally signed AND:
by SHWETHA
RAGHAVENDRA
Location: HIGH 1. STATE OF KARNATAKA,
COURT OF
KARNATAKA DEPARTMENT OF CO-OPERATION,
6TH FLOOR, M.S. BUILDING,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. DISTRICT REGISTRAR OF SOCIETIES
AND DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
II CIRCLE, BENGALURU URBAN DISTRICT,
NO. 146, SAHAKARA SOUDHA, 8TH CROSS,
MARGOSA ROAD, BENGALURU - 560 003.
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NC: 2025:KHC:40837
WP No. 24145 of 2025
HC-KAR
3. KARNATAKA RAJYA GANGA
MATHASTHARA SANGHA
NARARTHPETE
BENGALURU - 560 002,
BY ITS ADMINISTRATOR
(REGISTERED UNDER THE KARNATAKA
SOCIETIES REGISTRATION ACT 1960)
...RESPONDENTS
(BY SRI. SIDDARATH BABU RAO, AGA FOR R1 AND R2;
V/O. DATED 15.10.2025,
NOTICE TO R3 DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
OF REJECTION OF AN APPLICATION DATED 08.07.2025
PASSED BY THE 2ND RESPONDENT IN SURCHARGE
PROCEEDINGS BEARING NO.DRB-2/SOR/SUR/SEC
26/01/2025-26 VIDE ANNEXURE-E AND ALSO STRIKE OUT THE
NAME OF THE PETITIONER FROM THE
SURCHARGE PROCEEDING BEARING NO. NO.DRB-
2/SOR/SUR/SEC/26/01/2025-26 PENDING BEFORE THE 2ND
RESPONDENT AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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NC: 2025:KHC:40837
WP No. 24145 of 2025
HC-KAR
ORAL ORDER
1. Learned AGA accepts notice for respondent Nos. 1 and 2.
2. Notice to respondent No.3 is dispensed with in view of the proposed order to be passed.
3. Petitioner is before this court seeking for the following reliefs:
a) Quash the order of rejection of an application dated 08.07.2025 passed by the 2nd respondent in surcharge proceedings bearing No.DRB-
2/SOR/Sur/Sec 26/01/2025-26 vide Annexure-E and also strike out the name of petitioner from the surcharge proceedings bearing No.DRB- 2/SOR/Sur/Sec/26/01/2025-26 pending before the 2nd respondent.
b) Pass such order/s as this Hon'ble Authority deems fit under the circumstances of the case, in the interest of justice.
4. The grievance of the petitioner is that without considering the application submitted by the petitioner on 26.06.2025 respondent No.2 is continuing with the proceedings thereby causing prejudice to the petitioner since if the application of -4- NC: 2025:KHC:40837 WP No. 24145 of 2025 HC-KAR the petitioner were to be considered there is a possibility of the petitioner being deleted from the proceedings.
5. It is on that basis Sri.T.Dadakhalandar, learned counsel for the petitioner would submit that the said application would have to be considered before further proceedings are taken up.
6. Having heard the learned counsel for the petitioner and learned AGA, when an application for deletion from the proceedings are filed, it was required for respondent No.2 to consider the said application and pass necessary orders, so that the petitioner if deleted would not be required to be part of the said proceedings.
7. In that view of the matter, I pass the following:
ORDER
(i) Writ Petition is partly allowed.-5-
NC: 2025:KHC:40837 WP No. 24145 of 2025 HC-KAR
(ii) Respondent No.2 is directed to consider the application submitted by the petitioner on 26.06.2025 and pass necessary orders on the said application as expeditiously as possible.
(iii) It is however made clear that this Court has not expressed any opinion on the merits of the application submitted by the petitioner. Respondent No.2 would have to independently consider the same.
SD/-
(SURAJ GOVINDARAJ) JUDGE NS CT:TSM List No.: 1 Sl No.: 69