G S PRABHU SWAMY v. THE REGISTRAR OF DISTRICT SOCIETIES AND DEPUTY DIRECTOR OF CO-OPERATIVE SOCIETY,
WP/10123/2025 · 2025-04-21
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23035 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23035 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16244 WP No. 10123 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.10123 OF 2025 (GM-KSR)
BETWEEN:
1.
G.S. PRABHU SWAMY S/O G.M. SOMASHEKARAIAH AGED ABOUT 66 YEARS EX-PRESIDENT OF SRI THIPPERUDRA SWAMY RURAL EDUCATION INSTITUTION(R) NAYAKANA HATTI CHALLAKERE TALUK CHITRADURGA DISTRICT-577536. …PETITIONER (BY SMT. ARCHANA MURTHY, ADV.,)
AND:
1.
THE REGISTRAR OF DISTRICT SOCIETIES AND DEPUTY DIRECTOR OF CO-OPERATIVE SOCIETY, SAHAKARA BHAVAN B.L. GOWDA LAY OUT CHITRADURGA-577501.
2.
SHREE THIPPE RUDRA SWAMY RURAL EDUCATION INSTITUTION(R) REPRESENTED BY ITS SECRETARY K.M. THIPPESWAMY S/O LATE K.H. SIDDAPPA AGED ABOUT 55 YEARS NAYAKANAHATTI CHALLKERE TALUK CHITRA DURGA DISTRICT-577536. …RESPONDENTS (BY SMT. PRATHIBA R, AGA FOR R1 SRI. P.N. NANJA REDDY, ADV., FOR R2) - - -
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:16244 WP No. 10123 of 2025
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE THE RESOLUTION PASSED BY THE R-2 DTD. 19.01.2025 VIDE ANNX-H AND AN ENDORSEMENT DTD.
24.02.25 IN FILE NO. DRD/S.SAM/SOR/01/1961-62/2024-25 VIDE ANNX-J IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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:
"Issue a writ of certiorari by setting aside the resolution passed by the Respondent No.2 dated 19.01.2025 vide Annexure-H and an Endorsement dated 24.02.2025 in file No.DRD/S.Sam/SOR/01/1961-62/2024- 25 vide Annexure-J in the interest of justice and equity."
2. The learned counsel for the respondent-caveator Sri.P.N.Nanja Reddy would submit that the remedy to the petitioner is before the Civil Court as the challenge is to the removal of the President of ThippeRudra Swamy Rural Education Institution (R).
3. If that be so, the remedy lies elsewhere and not by filing the writ petition under Article 226 of the Constitution of
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NC: 2025:KHC:16244 WP No. 10123 of 2025
India. The petitioner is at liberty to avail of such remedy as is available in law.
4. With the aforesaid observations, the writ petition stands disposed of.
5. All the contentions would remain open.
Sd/- (M.NAGAPRASANNA) JUDGE
RV List No.: 1 Sl No.: 110