Writ Petition No. 8772 of 2012 · The High Court
Case Details
- 1 - NC: 2025:KHC:19308 WP No. 8772 of 2012 C/W WP No. 8771 of 2012 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8772 OF 2012 (CS-DAS) C/W WRIT PETITION NO. 8771 OF 2012 (CS-RES) …PETITIONER IN WP No. 8772/2012 BETWEEN: SRI.MANSOOD ALI KHAN S/O SRI K RAHMAN KHAN AGED ABOUT 38 YEARS R/AT NO.200/C, 7TH MAIN 3RD BLOCK, JAYANAGAR BENGALURU -560 011 REPRESENTED BY PA HOLDER SRI MAQSOOD ALI KHAN (BY SRI.H S DWARAKANATH.,ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441) & ARBITRATOR AMANATH CO-OP. BANK LTD AMANATH HOUSE NO. 43, HOSPITAL ROAD, BENGALURU -560 001 2. AMANATH CO-OPERATIVE BANK LTD AMANATH HOUSE, NO. 43 HOSPITAL ROAD SHIVAJINAGAR BENGALURU -560 001 REP. BY ITS GENERAL MANAGER
Legal Reasoning
3. SRI K RAHMAN KHAN S/O KHASIM KHAN AGED ABOUT 57 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:19308 WP No. 8772 of 2012 C/W WP No. 8771 of 2012 HC-KAR R/AT NO. 200/C, 7TH MAIN 3RD BLOCK, JAYANAGAR BENGALURU -560 011 4. SRI S S PEERAN S/O LATE S M PEER MAJOR NO.22, ALBERT ROAD CROSS RICHMOND TOWN BENGALURU -560 025 5. SRI ZIAULLA SHARIFF S/O LATE GAFFAR SHERIFF MAJOR "AL BARKA", GOLDEN ENCLAVE AIRPORT ROAD BENGALURU -560 017 6. SRI SADATH ALI KHAN S/O LATE B M SANA KHAN MAJOR "SANA", NO. 2/3 HAYES ROAD BENGALURU -560 015 7. SRI AZIZ MOHAMMED S/O MOHAMMED DADA AGED ABOUT 57 YEARS R/AT NO.23, ."F" STREET ROBERTSON ROAD CROSS CLIVELYD TOWN, FRAZER TOWN BENGALURU 8. HYDER ALI JEEVA BHAI S/O LATE JEEVA BHAI MAJOR NO. 17/1, CHURCH ROAD BASAVANAGUDI BENGALURU - 560 004 9. SRI MOHAMMED ATEEQ AHMED - 3 - NC: 2025:KHC:19308 WP No. 8772 of 2012 C/W WP No. 8771 of 2012 HC-KAR S/O LATE ABDUL GAFOOR MAJOR NO.23, "F" STREET CLAIVELAND TOWN BENGALURU 10. SMT. JAMEELA KHALEEL W/O LATE M R KHALEEL MAJOR NO. 18/3, ANDREE ROAD SHANTHINAGAR BENGALURU -560027 11. SRI MOHAMMED ASADULLA S/O MOHAMMED YOSUFF MAJOR NO. 1022/47, 38TH CROSS "T" BLOCK, JAYANAGAR BENGALURU -560 011 12. SRI A SHAFIULLA S/O LATE H V ABDUL WAHAB MAJOR NO.53, MUNISWAMAPPA ROAD MUNIREDDY PALYA BENGALURU -560 032 13. SRI K HIDAYATHULLA S/O K AHMED HUSSAIN MAJOR NO.346, KHATHIB STREET PERIAPET, VANIYAMBADI TAMIL NADU 14. SMT.KHAIRUNNISA MAJOR NO.11/A, 2ND MAIN J C NAGAR BENGALURU -560 006 15. SMT.NASEEMA BEGUM MAJOR - 4 - NC: 2025:KHC:19308 WP No. 8772 of 2012 C/W WP No. 8771 of 2012 HC-KAR NO.100/2, 1ST FLOOR ROBERTSON ROAD, FRAZER TOWN BENGALURU -560 005 16. SRI M A RAJ MAJOR NO.512, 4TH CROSS 5TH BLOCK, KHB COLONY KORAMANGALA BENGALURU -560 095 17. SMT.SADIQA BEGUM MAJOR NO.64/12, 8th MAIN 1st CROSS, K E B LAYOUT BTM 1st STAGE, BENGALURU -560 029 18. SMT.NOOR JAHAN BEGUM MAJOR NO.11, SIDDARAMAPPA LAYOUT LINGARAJPURAM BENGALURU -560 084 (BY SRI. YOGESH D.NAIK., AGA FOR R-1; SRI ABHINAV R., ADVOCATE FOR R-2; SRI SAMPATH A., ADVOCATE FOR R-5; R-3, R-4, R-6 TO R-18 SERVED AND UNREPRESENTED) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNX-A DATED 22.6.11 PASSED BY K.A.T BANGALORE IN APPEAL NO.91/2008 (CO-OP Soc)(CH-6) and ANNX-G DATED 14.1.08 PASSED BY R1 ON IA FILED BY R2 U/S 103 OF KCS ACT IN SURCHARGE DISPUTE NO.JRD/ACB/SURCHARGE/ 01/2007-08. IN WP NO. 8771/2012: BETWEEN: SRI MANSOOR ALI KHAN S/O SRI K RAHMAN KHAN AGED ABOUT 35 YEARS R/AT NO.200/C, 7TH MAIN - 5 - NC: 2025:KHC:19308 WP No. 8772 of 2012 C/W WP No. 8771 of 2012 HC-KAR 3RD BLOCK, JAYANAGAR BENGALURU -560 011 (BY SRI. H S DWARAKANATH .,ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES ... PETITIONER (RULE 441) & ARBITRATOR AMANATH CO-OP. BANK LTD AMANATH HOUSE, NO. 43 HOSPITAL ROAD BENGALURU -560 001 2. AMANATH CO-OPERATIVE BANK LTD AMANATH HOUSE, NO. 43 HOSPITAL ROAD SHIVAJINAGAR BENGALURU -560001 REPRESENTED BY ITS GENERAL MANAGER 3. SRI K RAHMAN KHAN S/O KHASIM KHAN AGED ABOUT 57 YEARS R/AT NO. 200/C, 7TH MAIN 3RD BLOCK, JAYANAGAR BENGALURU -560 011 4. SRI S S PEERAN S/O LATE S M PEER MAJOR NO.22, ALBERT ROAD CROSS RICHMOND TOWN BENGALURU -560 025 5. SRI ZIAULLA SHARIFF S/O LATE GAFFAR SHERIFF MAJOR "AL BARKA", GOLDEN ENCLAVE AIRPORT ROAD BENGALURU -560 017 6. SRI SADATH ALI KHAN - 6 - NC: 2025:KHC:19308 WP No. 8772 of 2012 C/W WP No. 8771 of 2012 HC-KAR S/O LATE B M SANA KHAN MAJOR "SANA", NO. 2/3 HAYES ROAD BENGALURU -560 015 7. SRI AZIZ MOHAMMED S/O MOHAMMED DADA AGED ABOUT 57 YEARS R/AT NO.23, "F" STREET ROBERTSON ROAD CROSS CLIVELYD TOWN, FRAZER TOWN BENGALURU 8. HYDER ALI JEEVA BHAI S/O LATE JEEVA BHAI MAJORNO. 17/1, CHURCH ROAD BASAVANAGUDI BENGALURU -560 004 9. SRI ATEEQ AHMED S/O LATE ABDUL GAFOOR MAJOR NO.23, "F" STREET CLAIVELAND TOWN BENGALURU 10. SMT.JAMEELA KHALEEL W/O LATE M R KHALEEL MAJOR NO. 18/3, ANDREE ROAD SHANTHINAGAR BENGALURU -560 027 11. SRI MOHAMMED ASADULLA S/O MOHAMMED YOSUFF MAJOR NO. 1022/47, 38TH CROSS "T" BLOCK, JAYANAGAR BENGALURU -560 011 - 7 - NC: 2025:KHC:19308 WP No. 8772 of 2012 C/W WP No. 8771 of 2012 HC-KAR 12. SRI A SHAFIULLA S/O LATE H V ABDUL WAHAB MAJOR NO.53, MUNISWAMAPPA ROAD MUNIREDDY PALYA BENGALURU -560 032 13. SRI K HIDAYATHULLA S/O K AHMED HUSSAIN MAJOR NO.346, KHATHIB STREET PERIAPET, VANIYAMBADI TAMIL NADU 14. SMT.KHAIRUNNISA MAJOR NO.11/A, 2ND MAIN J C NAGAR BENGALURU -560 006 15. SMT.NASEEMA BEGUM NO.100/2, 1ST FLOOR ROBERTSON ROAD FRAZER TOWN BENGALURU -560 005 16. SRI M A RAJ MAJOR NO.512, 4TH CROSS 5TH BLOCK, KHB COLONY KORAMANGALA BENGALURU -560 095 17. SMT.SADIQA BEGUM MAJOR NO.64/12, 8TH MAIN 1ST CROSS, K E B LAYOUT BTM 1ST STAGE BENGALURU -560 029 18. SMT. NOOR JAHAN BEGUM MAJOR NO.11, SIDDARAMAPPA LAYOUT - 8 - NC: 2025:KHC:19308 WP No. 8772 of 2012 C/W WP No. 8771 of 2012 HC-KAR LINGARAJPURAM BENGALURU -560 084 … RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R-1; SRI ABHINAV R., ADVOCATE FOR R-2; SRI SAMPATH A., ADVOCATE FOR R-5; R-3, R-4, R-6 TO R-18 SERVED AND UNREPRESENTED) THIS WRIT PETITON IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 22.06.2011 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, AT BANGALORE IN APPEAL NO. 89/2008 (CO-OP SOC.) (CH-6) ANNEXURE A AND THE ORDER DATED 14.01.2008 PASSED BY THE IST RESPONDENT ON I.A FILED BY 2ND RESPONDENT UNDER SECTION 103 OF K.C.S ACT IN SURCHARGE DISPUTE NO.JRD/ACB/SURCHARGE/01/2007-08 VIDE ANNEXURE J. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner in Writ Petition No.8772/2012 is before this Court seeking for the following reliefs: i) Issue a writ of certiorari quashing Annexure-A dated 22.06.2011 passed by the Karnataka in Appeal Appellate Tribunal, Bengaluru No.91/2008 (Co-op Soc)(CH-6) and Annexure- the 1st G dated 14/01/2008 passed by Respondent on IA filed by the 2nd respondent in under Section 103 of the K.C.S Act Surcharge Dispute No.JRD/ACB/ SURCHARGE/ 01/2007-08 ; and ii) Issue such other writ directions, declarations and orders as this Hon'ble Court may deem fit - 9 - NC: 2025:KHC:19308 WP No. 8772 of 2012 C/W WP No. 8771 of 2012 HC-KAR to grant including the costs of this petition, in the interest of the justice and equity. 2. The petitioner in Writ Petition No.8771/2012 is before this Court seeking for the following reliefs: i) ii) Issue a writ of certiorari quashing order dated 22.06.2011 passed by the Karnataka Appellate Tribunal, at Bengaluru in Appeal No.89/2008 (Co-op Soc)(CH-6) Annexure-A and order the 1st dated 14/01/2008 passed by Respondent on IA filed by the 2nd respondent under Section 103 of the K.C.S Act in Surcharge Dispute No.JRD/ACB/SURCHARGE/ 01/2007-08 Annexure-J; and Issue such other writ directions, declarations and orders as this Hon'ble Court may deem fit to grant including the costs of this petition, in the interest of the justice and equity. 3. Memos dated 6.6.2025, signed by counsel for petitioners have been filed. 4. Accepting the said memos and submission of counsel for the petitioners, petitions are dismissed as infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE GSS List No.: 1 Sl No.: 27