Writ Petition No. 36522 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:16118 WP No. 36522 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36522 OF 2024 (CS-RES) BETWEEN: 1. MR B M RAJANNA S/O LATE MALLIYAPPA AGED ABOUT 67 YEARS R/A 618, 10TH MAIN, NEAR WATER TANK, COFFEE BOARD LAYOUT HEBBAL, KEMPAPURA, BANGALORE - 560 024 2. MR CHANNEGOWDA AGED ABOUT 64 YEARS S/O CHANNAIAH NO. 1/1, 5TH MAIN, MEENAKSHINAGAR, KAMAKSHIPALYA, BANGALORE - 560 079 3. MR K. SUBASH AGED 64 YEARS S/O KORAGA NO. 378, VASUME 5TH MAIN, NEAR RAMAMANDIRA TEMPLE COFFEE BOARD LAYOUT, H.A FARM, KEMPAPURA BANGALORE - 560 024 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16118 WP No. 36522 of 2024
Legal Reasoning
4. MR. H V VINOD C/O H V VENKATA JETTY AGED ABOUT 67 YEARS NO.253, SARALAYA, 4TH MAIN, COFFEE BOARD LAYOUT, HEBBAL, KEMPAPURA, BANGALORE - 560 024 5. MR. NEELAKANTAN T V S/O LATE N VENKATESHWARAN AGED ABOUT 65 YEARS R/A NO. 17, 2ND FLOOR, SRI KOUSTHABAM, SIDDASHRAMA ROAD, 17TH CROSS, MALLESHWARAM, BANGALORE - 560 003 6. MR. H B SURENDRASWAMY S/O H P BRAHMAPPA AGED ABOUT 69 YEARS R/AT NO. 437, HOUSE NAME: SAMRUDDHI, 4TH MAIN ROAD, 7TH CROSS, COFFEE BOARD LAYOUT, NEAR RAMA MANDIRA, HEBBAL, KEMAPURA, BANGALORE - 560 024 7. MR. G RAVIKUMAR, C/O GOPALACHARI AGED ABOUT 64 YEARS R/A FLAT NO. T4, BSR SOLITAIRE, NO.17/16/2/21, 1ST MAIN ROAD, KEMPAPURA, - 3 - NC: 2025:KHC:16118 WP No. 36522 of 2024 BANGALORE - 560 024 8. MR S. RAVICHANDRAN AGED ABOUT 68 YEARS S/O S SUBBAIAH NO. 6TH MAIN ROAD, 6TH CROSS KEMPAPURA, HEBBALA BENGALURU NORTH BENGALURU - 560 024 (BY SRI. AJAY KUMAR N.,ADVOCATE) AND: …PETITIONERS 1. THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES BANGALORE REGION NO. 146, 3RD FLOOR, 8TH CROSS, 3RD MAIN ROAD, MARGOSA ROAD, MALLESHWARAM, BANGALORE - 560 003 2. THE COFFEE BOARD EMPLOYEES CO-OPERATIVE HOUSING SOCIETY, NO.1, DR AMBEDKAR VEEDHI, BANGALORE - 560 001 REPRESENTED BY ITS PRESIDENT CO-OPERATIVE HOUSING SOCIETY NO.1, DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 3. MR. DR. V.R GUDDEGOWDA AGED ABOUT 65 YEARS R/AT NO. 140, MKS LAYOUT. 3 MAIN, 1 STAGE, - 4 - NC: 2025:KHC:16118 WP No. 36522 of 2024 DODDAKALLASANDRA, BANGALORE - 560 001 4. MRS. RAJANI C SHEKAR AGED ABOUT 65 YEARS, R/AT NO.20, SAPTHAGIRI, 4TH MAIN, 4TH CROSS, NAIDU LAYOUT, SANJAYNAGAR, BANGALORE - 560 094 5. MR.T RAJU AGED ABOUT 65 YEARS, R/AT NO. 23, 8TH CROSS, LAKSHMINARAYANAPURA, BANGALORE - 560 021 6. MR. B.B GANAPATHY AGED ABOUT 65 YEARS R/AT NO. 32/3, LAKSHITH GOLDEN NEST, NH-1, HOSAHALLI, VIJAYANAGARA 12TH MAIN ROAD, BANGALORE - 560 040 7. MR. G. SOMALANAIK AGED ABOUT 65 YEARS R/AT NO. 153, 1ST FLOOR, 4TH MAIN ROAD, 3RD STAGE BASAVESHWARA NAGARA, BANGALORE - 560 079 8. MRS. B.K VENKATARATHNAMMA AGED ABOUT 65 YEARS, R/AT NO. 76, ARUNADAYA, 5TH CROSS, MALLAPPA LAYOUT, - 5 - NC: 2025:KHC:16118 WP No. 36522 of 2024 BABUSAB PALYA, KALYANANAGARA POST, BANGALORE - 560 043 9. MR. K. ANNU NAIK AGED ABOUT 65 YEARS R/AT NO. 16, 2ND FLOOR, 1ST B MAIN ROAD, SRI VANI SCHOOL ROAD, GANGANAGARA, BANGALORE - 560 003 10. MR. ARIVANDA VAIDYA AGED ABOUT 65 YEARS, R/AT NO. 15, 1ST CROSS, SRIRANGANAGARA, NEAR VEERABHADRANAGAR, BSK III STAGE, BANGALORE - 560 085 11. MRS. B.B. MACHAMMA AGED ABOUT 65 YEARS R/AT NO. 143, 8 MAIN, COFFEE BOARD LAYOUT, HEBBAL KEMPAPURA, BANGALORE - 560 024 12. MRS. K RAJAMMA W/O LATE D RAJU, AGED ABOUT 65 YEARS, R/AT NO. 71, 1ST C CROSS. 3RD BLOCK, RMV 2ND STAGE, BANGALORE - 560 054 13. MRS. P.S PREMAKUMARI - 6 - NC: 2025:KHC:16118 WP No. 36522 of 2024 AGED ABOUT 65 YEARS, CASH BRANCH, COFFEE BOARD NO.1, DR. B.R AMBEDKAR VEEDHI BANGALORE - 560 001 14. MR. N. ANANDA REDDY AGED ABOUT 65 YEARS, ANANDA REDDY COMPOUND 3RD CROSS, THIMMA REDDY ROAD, DEVARACHIKKANAHALLI BANGALORE - 560 076 15. MR. JAYARAM AGED ABOUT 65 YEARS, R/AT NO. 81, 18TH A CROSS, BAGALAGUNTE, BANGALORE - 560 073 (BY SRI. YOGESH D. NAIK, AGA) …RESPONDENTS THE WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASH THE SURCHARGE PROCEEDINGS (ANNEXURE-A1) INITIATED UNDER SECTION 69 OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IN JRB ATTACHMENTS NO.2/2024-25 FILED BY THE RESPONDENT NO.2 AGAINST THE PETITIONERS BEFORE THE RESPONDENT NO.1, AS BEING ARBITRARY, UNJUST AND WITHOUT PROPER CONSIDERATION OF THE FACTS, PENDING APPEAL IN DAP NO.23/2024-25, AND THE PROCEDURAL IRREGULARITIES IN THE INSPECTION AND INQUIRY PROCESSES AND ETC. - 7 - NC: 2025:KHC:16118 WP No. 36522 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ 1. Learned AGA accepts notice for respondent No.1. ORAL ORDER 2. Notice to respondent No.2 to 15 is dispensed with, in view of the proposed order to be passed. 3. The petitioners are before this court seeking for the following reliefs; "a. Issue a Writ of Certiorari or any other Writ in the form of nature or direction to Quash the surcharge proceedings(ANNEXURE-A1) initiated under Section 69 of the Karnataka Co-operative Societies Act in JRB Attachment No. 2/2024-25 filed by the Respondent No.2 against the Petitioners before the Respondent No.1, as being arbitrary, unjust, and without proper consideration of the facts, pending appeal in DAP No. 23/2024-25, (ANNEXURE-14) and the procedural irregularities in the inspection and enquiry processes. b. To grant such other Orders that this Hon'ble Court may deem fit in the circumstances of the above case in the interest of justice and equity." 4. The grievance of the petitioners is that the Inquiry Report submitted under Section 68 of the Karnataka Co- operative Societies Act, 1959 (hereinafter referred to as 'KCS' Act), has been challenged by the petitioners before - 8 - NC: 2025:KHC:16118 WP No. 36522 of 2024 the Additional Registrar Co-operative Societies in appeal DAP No.23/2024-25, wherein the petitioners had filed an application for interim stay without considering the said interim application the matter is proceeded with. 5. It is contended that the Joint Registrar of Co-operative Societies (JRCS) has initiated surcharge proceedings under Section 69 of the KCS Act, and charges are framed and the matter is being proceeded with. The surcharge proceedings under Section 69 of the KCS Act are in pursuance of an inquiry under Section 68 of the KCS Act, which is under challenge. It was required for the Additional Registrar of Co-operative Society to consider the said appeal as also the interim application. Without considering the same, the JRCS could not have parallelly initiated surcharge proceedings under Section 69 of the KCS Act. In that view of the matter, I pass the following:
Decision
ORDER i. The writ petition is partly allowed. ii. The proceedings before the JRCS in JRB Attachment No.2/2024-25 is stayed until the - 9 - NC: 2025:KHC:16118 WP No. 36522 of 2024 consideration of the interim application by the Additional Registrar of Co-operative Society in DAP No.23/2024-25. iii. The Additional Registrar of Co-operative Society is directed to consider the said interim application and pass necessary orders as expeditiously as possible. SD/- (SURAJ GOVINDARAJ) JUDGE AMA List No.: 1 Sl No.: 19 CT: SG