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2025 DAILYLAW 18824 (KAR)

SRI VENKATARAMANA SWAMY VIDYA VARDAHKA SANGHA R v. THE STATE OF KARNATAKA

WP/6056/2025 · 2025-03-07

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9716 WP No. 6056 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6056 OF 2025 (GM-KSR) BETWEEN: SRI. VENKATARAMANA SWAMY VIDYA VARDAHKA SANGHA (R), VIDYAGIRI, BANTWAL - 574 211, DAKSHINA KANNADA. REPRESENTED BY ITS PRESIDENT, KUDIGE PANDURANGA SHENOY, S/O LATE K.SURENDRA SHENOY, AGED ABOUT 43 YEARS, …PETITIONER (BY SRI. DEVI PRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKER ROAD, BENGALURU - 560 052. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9716 WP No. 6056 of 2025 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DIVISION, PUBLIC OFFICERS BUILDING, NEW SAYYAJI ROAD, MYSORE -570 024. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ DISTRICT REGISTRAR OF SOCIETIES, JANATHA BAZAR, 1ST FLOOR, GANAPATHI HIGH SCHOOL ROAD, MANGALURU - 575 001. 5. H.N.RAMESH, S/O NOT KNOW TO PETITIONER, AGE NOT KNOWN TO THE PETITIONER, THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ DISTRICT REGISTRAR OF SOCIETIES, JANATHA BAZAR, 1ST FLOOR, GANAPATHI HIGH SCHOOL ROAD, MANGALURU - 575 001. …RESPONDENTS (BY SRI.H.K.KENCHEGOWDA, AGA FOR R-1 TO R-4) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.4 TO ISSUE THE CERTIFIED COPIES AS MENTIONED IN THE COPYING APPLICATION PRODUCED AT ANNEXURE-B; DIRECT THE RESPONDENTS NO.1 TO 3 TO TRANSFER THE CASE TO SOME OTHER AUTHORITY BY - 3 - NC: 2025:KHC:9716 WP No. 6056 of 2025 CONSIDERING THE REPRESENTATION PRODUCED AT ANNEXURE C, C1, C2 AND C3 AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "I. Issue a writ in nature of Mandamus directing the respondent No.4 to issue the Certified copies as mentioned in the copying application produced at Annexure B. II. Issue a writ in nature of Mandamus directing the respondent No.1 to 3 to transfer the case to some other authority by considering the representation produced at Annexure C, C1, C2 and C3. III. Such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued." 2. The said petition is an offshoot to the judgment rendered by the Division Bench on 19.11.2024 in Writ Appeal No.1412/2023 (GM-KSR) and connected cases. The Division Bench upturns the order passed by this Court, by directing certain action to be taken by the second respondent. The order of the Division Bench is as follows: - 4 - NC: 2025:KHC:9716 WP No. 6056 of 2025 "i) The writ appeals are allowed. ii) Report dated 28.06.2022 in Enquiry No.01/22-23 before the second respondent is set aside. iii) All further proceedings initiated pursuant to report dated 28.06.2022 are also quashed. iv) Second respondent is directed to afford sufficient opportunity to the parties and thereafter proceed to submit report. v) The parties shall appear before the second respondent on 11.12.2024. vi) The parties shall co-operate with the second respondent for early disposal of the proceedings. The second respondent shall as far as possible conclude the proceedings within three months from the date of appearance of the parties. vii) All the contentions of the parties are kept open." 3. Pursuant to the judgment of the Division Bench, it transpires that the second respondent took up the issue, without providing any of the copies filed by the respondent or the impleading applicants before the District Registrar. Therefore, the petitioner is at the doors of this Court, in the light of the fact that the Division Bench had directed the conclusion of the proceedings within three months after affording sufficient opportunity to the petitioner. Lack of opportunity is what is projected. Lack of opportunity is - 5 - NC: 2025:KHC:9716 WP No. 6056 of 2025 projected on the ground that the documents are not made available. 4. Learned High Court Government Pleader submits that, as on today, all the documents are furnished. 5. Learned counsel for the petitioner submits that, few of the documents are yet to be furnished and they have to say by filing necessary application seeking certified copies. Therefore, the State shall see to it that the copies are furnished to the petitioner, as sought for, within one week from today, if all the copies are in place. I deem it appropriate to direct conclusion of the enquiry, as directed by the Division Bench, within two months from today. It is made clear that no further postponement of enquiry would be granted and if the State would again try to deviate from the order of the Division Bench, by not complying with the principles of natural justice, the matter would be viewed seriously. 6. With the aforesaid observations, the petition stands disposed. - 6 - NC: 2025:KHC:9716 WP No. 6056 of 2025 In the light of the aforesaid order, the impleading application, I.A.No.1/2025 becomes unnecessary. Sd/- ______________________ JUSTICE M.NAGAPRASANNA BMV* List No.: 1 Sl No.: 18