Writ Petition No. 25385 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:5523 WP No. 25385 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.25385 OF 2024 (CS-RES) BETWEEN: SRI M. SRIDHAR S/O. LATE B.K. MALLIKARJUNACHAR, AGED ABOUT 49 YEARS, 10TH WARD, BANJIGERE STREET, BESIDE S.B.I. GANDHI CHOWKA ROAD, VIJAYAPURA TOWN-562135 DEVANAHALLI TALUK. ... PETITIONER Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
Legal Reasoning
(BY SRI L. NARASHIMA MURTHY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETY, M.S. BUILDING, BANGALORE-560001. 2. ASSISTANT REGISTRAR DEPARTMENT OF CO-OPERATIVE SOCIETY, DODDABALLAPURA SUB DIVISION DODDABALLAPURA – 561 203. 3. SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) CHIFKKABALLAPURA ROAD, SIDLAGHATTA CROSS, VIJAYAPURA TOWN-562135 DEVANAHALLI TALUK, BANGALORE RURAL DIST. REPRESENTED BY ITS PRESIDENT. - 2 - NC: 2025:KHC:5523 WP No. 25385 of 2024 4. SRI A. SUDARSHAN AGED ABOUT 38 YEARS, S/O. LATE ASHWATHCHAR PRESIDENT, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O. BASAVESHWARA BADAVANE. OPP. BRAMHAKUMARI ASHRAMA, VIJAYAPURA-562123 DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. 5. SRI H. ARUNA W/O. RAJASHEKARACHAR AGED ABOUT 45 YEARS, VICE PRESIDENT, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O. BATTARAHALLI, MUDDENAHALI POST, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. 6. SRI S.M. GOPALAKRISHNA CHAR, DIRECTOR, S/O. LATE MARKONDACHAR, AGED ABOUT 63 YEARS, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O. MAIN ROAD, GANDHI BAZAR ROAD, OPP. VIJAYA COMPLEX, VIJAYAPURA-562135 DEVANAHALLI TALUK. 7. SRI R. MAHESH S/O. N. RAMAKRISHNAPPA AGED ABOUT 48 YEARS, DIRECTOR, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O. KOLAR ROAD, VIJAYAPURA-562136 DEVANAHALLI TALUK. - 3 - NC: 2025:KHC:5523 WP No. 25385 of 2024 8. SRI N.E. PRASAD S/O. ESHWARACHAR, AGED ABOUT 52 YEARS, DIRECTOR, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O. NALLUR, NALLUR POST, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK. 9. SRI Y.K. MURULIDHAR S/O. KRISHNAMACHAR, AGED ABOUT 53 YEARS, DIRECTOR, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) CHIKKABALLAPURA ROAD, OPP. WATER TANK, VIJAYAPURA-562135 DEVANAHALLI TALUK. 10. SRI N. RAMAPRASAD S/O. LATE NANJACHARI, AGED ABOUT 36 YEARS, DIRECTOR, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O. DANDIGANAHALLI HAROHALLI POST, VIJAYAPURA HOBLI, DEVANAHALLI TALUK-562110. 11. SRI NAGARAJAPPA .M S/O. M. MARIYACHAR, AGED ABOUT 70 YEARS, DIRECTOR, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O. CHIKKABALLAPURA ROAD, VIJAYAPURA-562135 DEVANAHALLI TALUK. 12. SMT. SUDHA W/O. NARASIMHA MURTHY AGED ABOUT 52 YEARS, - 4 - NC: 2025:KHC:5523 WP No. 25385 of 2024 DIRECTOR, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O. 2ND CROSS, JAYAMAHAL LAYOUT, VIJAYAPURA-562135 DEVANAHALLI TALUK. 13. SRI K.N. PRAVEENKUMAR S/O. NEELAKANTACHAR AGED ABOUT 48 YEARS, DIRECTOR, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O. KAKA CHOKKONDAHALLI, BHAKTHARAHALLI POST, SIDLAGHATTA TALUK-562102. ... RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1 TO R-3; SRI N. RAMACHANDRA, ADVOCATE FOR R-4 TO R-6, R-8, R-9, R-11 & R-13 (ABSENT); R-7, R-10 & R-12 – SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.09.2024 PASSED BY THE 2ND RESPONDENT AUTHORITY ASSISTANT REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETY VIDE (ANNEXURE-J) VACATING THE INTERIM ORDER GRANTED IN AR 47/05/2024-25 BY 2ND RESPONDENT AUTHORITY. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 5 - NC: 2025:KHC:5523 WP No. 25385 of 2024 ORAL ORDER The petitioner has called in question the order dated 10.09.2024 passed by the second respondent Assistant Registrar of Cooperative Society (ARCS for short) whereby the interim order granted in favour of the petitioner was vacated. 2. Heard the counsel appearing for the petitioner and learned AGA for the state, the matter is listed for further hearing, even today there is no representation on behalf of respondent Nos.4 to 6, 8, 9, 11 and 13. 3. The petitioner while working as a paid secretary of the respondent No.3 society, on certain charges leveled against the petitioner passed an order of termination. Aggrieved, the petitioners raised a dispute before the 2nd respondent - ARCS under Section 70(2)(d) of the Karnataka Cooperative societies Act, 1959 (‘Act’ for short) contending that the principles of natural justice have been violated as the petitioner was not heard before passing the - 6 - NC: 2025:KHC:5523 WP No. 25385 of 2024 order of dismissal/termination against the petitioner. At the first instance the ARCS granted an interim order of stay staying the order of termination, on 10.09.2024 at the instance of the 4th respondent on the objections vacated the interim order. Aggrieved by which the petitioner is before this Court. 4. The show cause notice was issued on 05.07.2024, 2 days time was offered to the petitioner for offering explanation, however without awaiting response from the petitioner on 05.07.2024 itself the impugned order of termination came to be passed against the petitioner in utter violation of principles of natural justice. The order of termination being assailed by raising dispute, on being satisfied interim order of stay was granted, the respondent No.2 without hearing the petitioner only considering the objections of the respondent No 4 vacates the interim order. The perusal of the impugned order at Annexure ‘J’ indicates that the respondent No.2 has not applied its mind and without assigned any reasons. The - 7 - NC: 2025:KHC:5523 WP No. 25385 of 2024 principles of natural justice warrants the authority or the Court to hear the matter before passing the impugned order, warranting interference by this Court and hence the following order-
Decision
ORDER (a) The Writ Petition is allowed. (b) The impugned order dated 10.09.2024 is set aside. The interim order of stay dated 10.09.2024 passed by the respondent No.2 is continued till consideration of the appeal before the ARCS. The ARCS - respondent No.2 to dispose of the dispute as expeditiously as possible but not later than six months from the date of receipt of this order. (c) All contentions are kept open. (d) This Court does not express any merits or demerits of the case. Any opinion expressed is - 8 - NC: 2025:KHC:5523 WP No. 25385 of 2024 only to the limited extent of considering this writ petition. Sd/- ________________________ JUSTICE K.S. HEMALEKHA YKL List No.: 1 Sl No.: 66