Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24300 WP No. 11028 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. 11028 OF 2025 (CS-RES) BETWEEN:
1.
SRI.P. RAMAKANTH SHETTY S/O LATE NARAYANA ALVA AGED ABOUT 73 YEARS R/AT NO.865, PERODY GARDEN, VIJAYA BANK LAYOUT, BANENRGHATTA ROAD BANGALORE-560076
2.
SRI ASHOK SHETTY H S/O LATE KRISHNA SHETTY AGED ABOUT 73 YEARS R/AT NO.NB-2 VIJAYA ENCLAVE MULKI SUNDER RAM SHETTY NAGARA VIJAYA BANK LAYOUT, BANENRGHATTA ROAD BANGALORE-560076
…PETITIONERS (BY SRI. GIRISH R & SRI. BIPIN HEGDE.,ADVOCATES)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M S BUILDING,DR B R AMBEDKAR VEEDHI BENGALURU-01 REPRESENTED BY ITS PRINCIPLE SECRETARY
2.
REGISTRAR OF CO OPERATIVE SOCIETIES (H AND M) NO.1, ALI ASKER ROAD BENGALURU-560052
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24300 WP No. 11028 of 2025
3.
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU REGION SAHAKARA SOUDHA NO.143, 3RD FLOOR, 3RD MAIN ROAD, 8TH CROSS, MARGOSA ROAD, MALLESWARAM BENGALURU-560003
4.
VIJAYA BANK EMPLOYEES HOUSING CO OPERTIVE SOCIETY NO.987, 6TH CROSS MULKI SUNDER RAM SHETTY NAGARA, VIJAYA BANK LAYOUT BANNERGHATTA ROAD BANGALORE-560096 REPRESENTED BY ITS PRESIDENT REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT.
…RESPONDENTS (BY SRI. ALVA .,ADVOCATE FOR R4;
SRI. YOGESH D.NAIK., AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS AND DIRECT THE R1 TO 3 TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONERS TO TAKE ACTION AGAINST THE R4 SOCIETY VIDE ANNX-Q AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs: a. To issue a writ in the nature of mandamus and direct the respondent 1 to 3 consider the
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HC-KAR NC: 2025:KHC:24300 WP No. 11028 of 2025
representation dated 17.3.2025 filed by the petitioners to take action against the respondent No.4 society vide Annexure-Q.
b. To issue a writ in the nature of mandamus and direct the respondent 1 to 3 to supersede the respondent
No.4 society and to appoint administrator.
c. To issue a writ in the nature of mandamus to the respondent No.4 society or the administrator to be appointed to file Execution petition to execute the award dated 22.04.2013 & 23.04.2013 (Annexure- C) to recover the dues of Rs.450 crores vide Annexure-Q.
d. To grant such other relief’s as this Hon’ble Court deems fit and proper under the facts and circumstances of the case to meet the ends of justice.
2. The allegation of the petitioner initially was that respondent No.4 had not taken any action on the basis of the award which has been passed by initiating execution proceedings.
During the pendency of the matter, Execution proceedings have been initiated which are pending consideration.
3. The further submission of learned counsel for the petitioner is that a representation has been submitted on 17.03.2025 pointing out several
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HC-KAR NC: 2025:KHC:24300 WP No. 11028 of 2025
illegalities as against respondent No.4-Society and respondent No.3 has not taken any action.
4. Whenever any representation or compliant is submitted to the Joint Registrar, it is required that respondent No.3 to consider the said complaint and pass necessary orders within a reasonable time period 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 complaint/representation of the petitioner dated 17.03.2025 at Annexure-Q 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.: 117