Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24301 WP No. 9645 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9645 OF 2025 (CS-RES) BETWEEN:
SRI MAHADEVAIAH S/O MADEGOWDA, AGED ABOUT 69 YEARS, R/A NO. 195, 7TH CROSS, BAPUJI LAYOUT, VIJAYANAGAR, BANGALORE-560 040.
EX- VICE PRESIDENT AND MEMBER, BHARAT ELECTRONICS EMPLOYEES CO-OPERATIVE SOCIETY LTD, 1ST FLOOR, BEL., JALAHALLI POST, BENGALURU-560013.
…PETITIONER (BY SMT. B V VIDYULATHA., ADVOCATE)
AND:
1.
STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU 560001.
BY ITS PRINCIPAL SECRETARY.
2.
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU REGION, SAHAKARA SOUDHA, NO. 143, 3RD FLOOR, 3RD MAIN ROAD, 8TH CROSS, MARGOSA ROAD, MALLESWARAM, BENAGLURU-560040.
3.
BHARAT ELECTRONIC HOME BUILDING CO-OPERATIVE SOCIETY LTD 1ST FLOOR, B E L.,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24301 WP No. 9645 of 2025
JALAHALLI, BENGALURU-560013.
BY ITS CHIEF EXECUTIVE OFFICER.
REG UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT.
…RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 & R2;
SRI. DEVIPRASAD SHETTY., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER SIMILAR WRIT OR IN THE ALTERNATIVE AN ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.2 JOINT REGISTRAR TO INITIATE AN ENQUIRY U/S 64 OF KARNATAKA CO- OPERATIVE SOCIETIES ACT 1959 UPON THE ALLEGATIONS MADE BY THE PETITIONER IN HIS COMPLAINT/DISPUTE DATED 26.08.2021 AND THEREAFTER TAKE ALL ACTION POSSIBLE ACTIONS AVAILABLE UNDER LAW INCLUDING PASSING OF FINAL ORDER UNDER SECTION 68 OF KCS ACT, 1959, INITIATION OF CRIMINAL PROCEEDINGS AGAINST THE OFFICER BEARERS OF THE RESPONDENT NO.3 SOCIETY AND INITIATION OF PROCEEDING U/S 29-C OF KCS ACT, 1959 ETC.(OR IN THE ALTERNATIVE) AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus or any other similar writ or in the alternative an order or direction directing the Respondent No.2-Joint Registrar to initiate an enquiry u/s 64 of Karnataka Co-operative Societies Act, 1959 upon the allegations made by the Petitioner in the Complaint/Dispute dated 26.08.2021 at Annexure-B and thereafter take all action possible actions available under law
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HC-KAR NC: 2025:KHC:24301 WP No. 9645 of 2025
including passing of final order under Section 68 of KCS Act, 1959, initiation of criminal proceedings against the officer bearers of the Respondent No.3- Society and initiation of proceeding u/s 29-C of KCS Act, 1959 etc.,
(or in the alternative)
b. Issue a writ of mandamus or any other similar writ or order or Direction directing the Respondent No.2-Joint Registrar to consider the Complaint/Dispute made by the Petitioner on 26.08.2021 at Annexure-B to the writ petition as a dispute filed u/s 70 of the Karnataka State Co- operative Societies Act, 1959 and to take all actions possible under law including passing of interim orders exercising powers u/s 71 of Karnataka Co-operative Societies Act, 1959.
c. Issue a writ of mandamus or any other similar writ or order or direction directing the Respondent No.3-Society not to alienate or transfer properties belonging to the Respondent No.3-Society except by making allotment to its members strictly following the list of seniority of site applicants.
d. Pass such other orders that this Hon’ble Court deems fit in the facts and circumstances of the case and in the interest of justice and equity.
2. The petitioner alleges that there are certain discrepancies in the functioning of respondent No.3 and as such, a complaint dated 26.08.2021 had been submitted, despite which no action has been taken. In that background, the aforesaid reliefs have been sought for.
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HC-KAR NC: 2025:KHC:24301 WP No. 9645 of 2025
3. Whenever any complaint/representation is submitted to respondent No.2, it is required for the respondent No.2 to consider the said complaint and pass necessary orders within a reasonable time in accordance with law. Same not having been done, I pass the following:
ORDER i. The writ petition stands disposed. ii. Respondent No.2 is directed to consider the compliant filed by the petitioner on 26.08.2021 at Annexure-B and pass order as necessary in accordance with law within a period of four weeks from the date of receipt of certified copy of this order.
Sd/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.: 116