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2025 DAILYLAW 24237 (KAR)

SRI. SATHYANARAYANA v. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES

WP/13328/2025 · 2025-07-04

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24304 WP No. 13328 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. 13328 OF 2025 (CS-RES) BETWEEN: 1. SRI. SATHYANARAYANA S/O T.B.SEETHARAMAIAH, AGED ABOUT 69 YEARS, 2. SRI RAMESH BABU, S/O LATE MUDDARANGAIAH, AGED ABOUT 54 YEARS, ALL ARE MEMBERS OF THE SRI THYAGARAJA CREDIT CO-OPERATIVE SOCIETY, GARDEN ROAD, TUMAKURU- 570 101, TUMAKURU DISTRICT. …PETITIONERS (BY SRI. NANJA REDDY P N.,ADVOCATE) AND: 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES TUMAKURU SUB-DIVISION, TUMAKURU-570 101, TUMKUR DISTRICT 2. THE ADMINISTRATOR, SRI THYAGARAJA CREDIT CO-OPERATIVE SOCIETY GARDEN ROAD, TUMAKURU- 570 101. 3. THE CHIEF EXECUTIVE OFFICER, SRI THYAGARAJA CREDIT CO-OPERATIVE SOCIETY GARDEN ROAD, TUMAKURU-570 101. TUMAKURU DISTRICT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24304 WP No. 13328 of 2025 …RESPONDENTS (BY SRI. M.J. ALVA., ADVOCATE FOR R4; SRI. YOGESH D.NAIK., AGA FOR R1 AND R2; R3-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS 1 AND 2 TO CONSIDER THE REPRESENTATION AT ANNEXURE-B DATED 15.01.2025 AND PASS ORDERS TO DISQUALIFY THE EX-DIRECTORS OF THE 3RD RESPONDENT SOCIETY FOR A PERIOD OF 5 YEARS FROM THE DATE OF EXPIRY OF THEIR TERM 26.01.2025 IN TERMS OF SECTION 28- B(2) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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: Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents 1 & 2 to consider the Representation at Annexure-B dated 15.1.2025 and pass orders to disqualify the Ex-Directors of the 3rd Respondent society for a period of 5 years from the date of expiry of their term 26.01.2025 in terms of Section 28-B (2) of the Karnataka Co-operative Societies Act. 2. The grievance of the petitioner is that the representation dated 15.01.2025 at Annexure-B - 3 - HC-KAR NC: 2025:KHC:24304 WP No. 13328 of 2025 submitted to the respondents No.1 and 2 has remained without consideration. In that background, the petitioner is before this Court seeking for the aforesaid relief. 3. Whenever any representation is submitted to respondents, it is required for the respondent to consider the said representation 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. Respondents No.1 and 2 are directed to consider the representation filed by the petitioner on 15.01.2025 at Annexure-B and pass orders , 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.: 127