Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 20143 (KAR)

SMT.RAJESHWARI .L.R v. THE STATE OF KARNATAKA

WP/7422/2025 · 2025-03-17

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:11000 WP No. 7422 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7422 OF 2025 (CS-RES) BETWEEN: 1. SMT.RAJESHWARI .L.R W/O. SANNAHANUMANTHAPPA AGED ABOUT 52 YEARS 2. SRI.PRAKASH H.B. S/O BORAIAH AGED ABOUT 47 YEARS 3. SRI.RAMAIAH.C S/O LATE CHIKKANNA AGED ABOUT 76 YEARS 4. SRI.SATHEESH GOWDA C.M S/O MARIMADEGOWDA AGED ABOUT 38 YEARS 5. SRI.YOGESH H.S S/O SHIVANNA H.M AGED ABOUT 31 YEARS 6. SRI.ANJANAPPA.M. S/O LATE MUNIVENKATAPPA AGED ABOUT 71 YEARS 7. SMT. AHALYA.P W/O LATE ANIL KUMAR AGED ABOUT 62 YEARS 8. SRI. RAVIKUMAR S.P S/O V.PAPAIAH AGED ABOUT 54 YEARS 9. SRI. THIMMAIAH.M. S/O MALLIYAPPA AGED ABOUT 48 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11000 WP No. 7422 of 2025 10. SRI. CHETAN KUMAR B.S S/O SHIVANANJEGOWDA AGED ABOUT 36 YEARS 11. SRI.GOWDA G.V. S/O R.GANGADARAIAH AGED ABOUT 40 YEARS ALL DIRECTOR OF THE KARNATAKA GOVERNMENT CLASS- D EMPLOYEES HOUSING BUILDING CO-OP SOCIETY LTD NO.11/3, 2ND FLOOR KURUBURA SANGHA BUILDING NEW BLOCK KANAKADASA CIRCLE, 1ST MAIN ROAD GANDHINAGAR, BENGALURU-560009 …PETITIONERS (BY DR.RAVISHANKAR., LEARNED SENIOR ADVOCATE FOR SRI.SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 REPT. BY ITS PRINCIPAL SECRETARY 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE REGION NO.146, 3RD FLOOR, SAHAKARA SOUDHA 8TH CROSS, MARGOSA ROAD, MALLESWARAM BENGALURU-560 003. 3. THE KARNATAKA GOVERNMENT CLASS-D EMPLOYEES HOUSING BUILDING CO-OP SOCIETY LTD NO.11/3, 2ND FLOOR KURUBURA SANGHA BUILDING NEW BLOCK KANAKADASA CIRCLE, 1ST MAIN ROAD GANDHINAGAR, BENGALURU-560009. BY ITS SPECIAL OFFICER SRI.MANJUNATH.N. ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES [SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT] …RESPONDENTS (BY SRI.YOGESH D.NAIK., ADVOCATE FOR R1 TO 3) - 3 - NC: 2025:KHC:11000 WP No. 7422 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS DATED.17.02.2025 IN PROCEEDINGS JRB/DAVA/29-C/20/2024-25, JRB/DAVA/29-C/21/2024-2025, JRB/DAVA/22/2024-25, JRB/DAVA/29-C/23/2024-25, JRB/DAVA/29-C/24/2024-25, JRB/DAVA/29-C/26/2024-25, JRB/DAVA/29-C/28/2024-25, JRB/DAVA/29-C/29/2024-25, JRB/DAVA/29-C/30/2024-25, JRB/DAVA/29-C/31/2024-25, JRB/DAVA/29-C/32/ 2024-25, IS PRODUCED AS ANNEXURE-F TO F10, PASSED BY THE 2ND RESPONDENT AGAINST THE PETITIONER IS ILLEGAL, MALAFIDE EXERCISE OF POWER WITHOUT JURISDICTION AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA is directed to accepts notice for respondents No.1 to 4. 2. The petitioners are before this Court seeking for the following reliefs; i. Issue a writ in the nature of certiorari quashing the orders dated.17.02.2025 in proceedings Jrb/Dava/29-C/20/2024-25, Jrb/Dava/29- C/21/2024-2025, Jrb/Dava/22/2024-25, Jrb/Dava/29-C/23/2024-25, Jrb/Dava/29- C/24/2024-25, Jrb/Dava/29-C/26/2024-25, Jrb/Dava/29-C/28/2024-25, Jrb/Dava/29- C/29/2024-25, Jrb/Dava/29-C/30/2024-25, Jrb/Dava/29-C/31/2024-25, Jrb/Dava/29-C/32/ 2024-25, is produced as Annexure-F to F10, passed by the 2nd respondent against the petitioner is illegal, malafide exercise of power without jurisdiction. ii. Issue a writ in the nature of certiorari quashing the order dated.18/02/2025 of the 2nd respondent - 4 - NC: 2025:KHC:11000 WP No. 7422 of 2025 appointing special officer to 3rd respondent society in No.JRB/A.M.R/29/2024-25 as per Annexure-G. iii. pass such other incidental or consequential relief as the circumstance of the case warrants in the end of the justice. 3. The grievance of the petitioners is that an appeal having been filed before Respondent No.4 on 10.03.2025 has not been taken up for consideration despite having been adjourned on three earlier occasions and the interim relief which have been sought for have not been considered. 4. In that view of the matter, the appeal having already been filed before Respondent No.4, I am of the considered opinion that grant of interim relief would suffice the interest of justice, until the matter is considered on merits by Respondent No.4. As such, I pass the following; ORDER i. The writ petition is disposed of. ii. The orders dated 17.02.2025 in proceedings JRB/Dava/29-C/20/2024-25, JRB/Dava/29- - 5 - NC: 2025:KHC:11000 WP No. 7422 of 2025 C/21/2024-2025, JRB/Dava/22/2024-25, JRB/Dava/29-C/23/2024-25, JRB/Dava/29- C/24/2024-25, JRB/Dava/29-C/26/2024-25, JRB/Dava/29-C/28/2024-25, JRB/Dava/29- C/29/2024-25, JRB/Dava/29-C/30/2024-25, JRB/Dava/29-C/31/2024-25, JRB/Dava/29- C/32/ 2024-25 passed by respondent No.2 at Annexure-F to F10 and order dated 18.02.2025 in No.JRB/A.M.R/29/2024-25 passed by respondent No.3 at Annexure-G are stayed till the appeal filed by the petitioners before Respondent No.4 is considered and disposed. iii. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 2 Sl No.: 9