Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 25418 (KAR)

ARUN ROSHAN D SOUZA v. STATE OF KARNATAKA

WP/12615/2025 · 2025-04-25

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17175 WP No. 12615 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12615 OF 2025 (CS-RES) BETWEEN: 1. ARUN ROSHAN D SOUZA S/O THOMAS DSOUZA, AGED ABOUT 41 YEARS, RESIDING AT PANNADKA HOUSE, KALLIGE VILLAGE AND POST, BANTWAL TALUK, D.K. - 574219. 2. RAJESH KUMAR S/O BHARATH, AGED ABOUT 30 YEARS, RESIDING AT BALEKALLU HOUSE, MANILA VILLAGE, MURUVA POST, BANTWAL TALUK, D.K. -574243. 3. CHANDRASHEKARA BANGERA, S/O JATHI POOJARY, AGED ABOUT 42 YEARS, RESIDING AT BAYILA HOUSE, VEERAKAMBA VILLAGE AND POST, BANTWAL TALUK, D.K. - 574222. 4. SUNDARA POOJARY S/O UMANA POOJARY, AGED ABOUT 60 YEARS, RESIDING AT VITTLAKODI HOUSE, SAJIPAMUDA VILLAGE AND POST, BANTWAL TALUK, D.K. - 574231. 5. LINGAPPA POOJARY S/O KORAGAPPA POOJARY, AGED ABOUT 52 YEARS, RESIDING AT KELAGINA HALAI HOUSE, KUKKIPADY VILLAGE, MAVINAKATTE POST, BANTWAL TALUK, D.K. - 574237. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17175 WP No. 12615 of 2025 6. LATHA W/O RAGHUNATHA SAPALYA AGED ABOUT 45 YEARS, RESIDING AT NATTI HOUSE, NARIKOMBU POST AND VILLAGE, BANTWAL TALUK, D.K. - 574231. 7. LOLAKSHI W/O HARISHCHANDRA RAI, AGED ABOUT 56 YEARS, RESIDING AT KAMBLADADDA HOUSE, KARINJA POST, KAVALAPADUR VILLAGE, BANTWAL TALUK, D.K. - 574265. 8. VIJAYANANDA S/O KRISHNAPPA POOJARY, AGED ABOUT 39 YEARS, RESIDING AT NURTHADY HOUSE, DEVASYA PADUR VILLAGE, ALLIPADE POST, BANTWAL TALUK, D.K.-574211. (ALL THE PETITIONERS ARE ALL DIRECTORS OF PRIMARY COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD BANTWAL TALUK D.K) …PETITIONERS (BY SRI. DEVIPRASAD SHETTY.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COOPERATION M.S.BUILDING BENGALURU- 560001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DAKSHINA DISTRICT, MANGALORE 574201 3. PRIMARY COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD BANTWAL TALUK D.K-574201 - 3 - NC: 2025:KHC:17175 WP No. 12615 of 2025 REPRESENTED BY ITS PRESIDENT (RESPONDENT NO.4 SOCIETY IS REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 & R2; V/O DATED 25.04.2025 NOTICE TO R3 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE NOTICE ISSUED BY THE RESPONDENT NO.2 21/03/2025 IN DRP/811/29(C)/04/ 2024-25 PRODUCED AS ANNEXURE A AND NOTICE ISSUED BY THE RESPONDENT NO.2 21/03/2025 IN DRP/S11/29(C) 04/ 2024-25 PRODUCED AS ANNEXURE A1 AND THE NOTICE ISSUED BY THE RESPONDENT NO.2 21/03/2025 IN DRP/S11/29(C)/04/ 2024-25 PRODUCED AS ANNEXURE A2 AND THE NOTICE ISSUED BY THE RESPONDENT NO. 2 21/03/2025 IN DRP-S11 29(C)/04/ 2024-25 PRODUCED AS ANNEXURE A3 AND THE NOTICE ISSUED BY THE RESPONDENT NO.2 21/03/2025 IN DRP/S11/29(C) 04/ 2024-25 PRODUCED AS ANNEXURE A4 AND THE NOTICE ISSUED BY THE RESPONDENT NO.2 21/03/2025 IN DRP/S11/29(C)/04/ 2024-25 PRODUCED AS ANNEXURE A5 AND THE NOTICE ISSUED BY THE RESPONDENT NO.2 21/03/2025 IN DRP/S11/29(C)/04 2024-25 PRODUCED AS ANNEXURE A6 AND THE NOTICE ISSUED BY THE RESPONDENT NO.2 21/03/2025 IN DRP/S11/29(C)/04/ 2024-25 PRODUCED AS ANNEXURE A7 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. Learned AGA is directed to accept notice for respondents No.1 and 2. Notice to respondent No.2 is dispensed with, in view of the proposed order to be passed. - 4 - NC: 2025:KHC:17175 WP No. 12615 of 2025 2. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ in a nature of certiorari quashing the notice issued by the respondent No.2 21/03/2025 in DRP:S11:29(C): 2024-25 produced as Annexure-A and notice issued by the respondent No.2 21/03/2025 in DRP:S11:29(C): 2024-25 produced as Annexure-A1 notice issued by the respondent No.2 21/03/2025 in DRP:S11:29(C): 2024-25 produced as Annexure-A2 and notice issued by the respondent No.2 21/03/2025 in DRP:S11:29(C): 2024-25 produced as Annexure- A3 and notice issued by the respondent No.2 21/03/2025 in DRP:S11:29(C): 2024-25 produced as Annexure-A4 and notice issued by the respondent No.2 21/03/2025 in DRP:S11:29(C): 2024-25 produced as Annexure-A5 and notice issued by the respondent No.2 21/03/2025 in DRP:S11:29(C): 2024-25 produced as Annexure- A6 and notice issued by the respondent No.2 21/03/2025 in DRP:S11:29(C): 2024-25 produced as Annexure-A7 as far as petitioner as concern. ii. Such other writ or order as direction as deemed fit as circumstances of the case including an order for costs. 3. What is challenged is the show cause notices which have been issued to each of the above petitioners. 4. The submission of the learned counsel for the petitioner is that there being the collective action taken by the board individual notices could not be issued. - 5 - NC: 2025:KHC:17175 WP No. 12615 of 2025 5. A perusal of the notices which have been issued are as regards the allegations and/or the violations by the petitioners individually. 6. In that view of the matter, it would be for the petitioners to reply to the same and place such documentation as may be required to justify their actions individually, since the notices have been issued individually. 7. Any reply when filed would have to be considered by respondent No.2 in accordance with law and reasoned order passed. As such, I pass the following; ORDER i. The writ petition is disposed of. ii. A certiorari is issued, extending the time fixed by respondent No.2 in the show cause notices upto 02.05.2025. The petitioners are permitted to submit their individually replies and all the documents thereof by 3.00 P.M. on 02.05.2025 which shall be considered by respondent No.2 - 6 - NC: 2025:KHC:17175 WP No. 12615 of 2025 and necessary orders passed as expeditiously as possible. If required by providing an opportunity of hearing to the petitioners. iii. Needless to say, the orders would have to be reasoned order in accordance with law considering all the objections raised by the petitioner. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 36