Karnataka High Court
Sri R Ramakrishnappa vs The Deputy Registrar Of Co Operative ... on 29 March, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 15498 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 15498 OF 2022 (CS-RES)
BETWEEN:
1. SRI R RAMAKRISHNAPPA
S/O LATE RAMAIAH
AGED ABOUT 56 YEARS
DIRECTOR
KARNATAKA PRADESH KURUBARA SANGHA
KARNATAKA PRADESH KURUBARA SANGHA BUILDING
GANDHINAGAR
BENGALURU - 560009.
2. SRI G KRISHNAMURTHY
S/O LATE GOVINDAPPA
AGED 55 YEARS
DIRECTOR
KARNATAKA PRADESH KURUBARA SANGHA
KARNATAKA PRADESH KURUBARA SANGHA BUILDING
GANDHINAGAR
BENGALURU - 560009
Digitally signed
by POORNIMA ...PETITIONERS
SHIVANNA
(BY SRI. KRISHNA GOWDA B.,ADVOCATE)
Location:
HIGH COURT
OF AND:
KARNATAKA
1. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES
AND DISTRICT REGISTRAR OF SOCIEITIES
4TH DIVISION, IIIRD FLOOR,
SAHAKARA SOUDHA
MALLESWARAM
BENGALURU - 560003
2. SRI T B BELGAVI
DIRECTOR
AGED 67 YEARS
KARNATAKA PRADESH KURUBARA SANGHA
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WP No. 15498 of 2022
KARNATAKA PRADESH KURBARA SANGHA BUILDING
GANDHINAGAR
BENGALURU - 560009
3. SRI KESHAVAMURTHY
DIRECTOR
AGED 45 YEARS
KARNATAKA PRADESH KURUBARA SANGHA
KARNATAKA PRADESH KURUBARA SANGHA BUILDING
GANDHINAGAR
BENGALURU - 560009
4. SRI PARAMESH
DIRECTOR
AGED 35 YEARS
KARNATAKA PRADESH KURUBARA SANGHA
KARNATAKA PRADESH KURUBARA SANGHA BUILDING
GANDHINAGAR
BENGALURU - 560009
5. THE PRESIDENT/ GENERAL SECRETARY
KARNATAKA PRADESH KURUBARA SANGHA
KARNATAKA PRADESH KURUBARA SANGHA BUILDING
GANDHINAGAR
BENGALURU - 560009
...RESPONDENTS
(BY SRI.SUBHASH CHANDRA BOSE .,ADVOCATE FOR C/R2;
SMT. A.R. SHARADAMBA, AGA FOR R1
R5-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER
OR DIRECTION IN THE NATURE OF CERTIORARI AND ANY OTHER
WRIT OF LIKE NATURE QUASHING THE IMPUGNED ORDERS DATED
15.07.2022 PASSED BY THE R1 IN DRB.4/SOR/98/2021.22 AS PER
ANNEXURE-A AND TO PLEASED TO ALLOW THE PETITION FILED BY
THE PETITIONERS AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 15498 of 2022
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
a. Issue Writ, order or direction in the nature of Certiorari and any other Writ of like nature quashing the impugned orders dated 15.07.2022 passed by the first respondent in DRB.4/SOR/98/2021-22 as per Annexure-A and be pleased to allow the petition filed by the Petitioners.
b. Issue writ of Mandamus or any other appropriate Writ, order or direction to quash the Impugned order passed by the First Respondent in Vide Annexure-A in DRB.4/SOR/98/2021-22 dated 15.7.2022, to meet the interest of justice and equity.
c. And grant such other relief which this Hon'ble Court deems fit to grant including cost of this petition in the interest of justice.
2. A Co-ordinate Bench of this Court vide its order dated 29.10.2022 in WP No.15111/2022 has been pleased to pass the following order:
(i) The Writ Petition is allowed.
(ii) The impugned order dated 15-07-2022 stands quashed.
(iii) The 1st respondent/District Registrar of Societies is at liberty to regulate the procedure and conclude the enquiry within next two months from the date of receipt of a copy of this order, if not earlier.
(iv) In the light of the aforesaid observations made in the course of the order, the meeting slated to be held on 30-10-2022, on the strength of the -4- WP No. 15498 of 2022 Government order dated 25-08-2022 shall not be held, till such time, the Government clarifies the position.
3. In view of the above, it is clear that the impugned order dated 15.7.2022 at Annexure-A in the present matter has been quashed as such the said order would be applicable to the present matter also. Hence, I pass the following;
ORDER
i. The writ petition is allowed.
ii. The order dated 15.7.2022 passed by the
respondent No.1 in DRB.4/SOR/98/2021-22 at Annexure-A is hereby quashed. iii. The respondent No.1 shall comply with the directions issued in WP No.15111/2022.
Sd/-
JUDGE SR List No.: 1 Sl No.: 8