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2025 DAILYLAW 25930 (KAR)

HARISH KUMAR v. ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES(H AND M)

WP/13360/2025 · 2025-04-29

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:18040 WP No. 13360 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 13360 OF 2025 (CS-RES) BETWEEN: HARISH KUMAR, S/O NARASHIMURTHY, AGE 52 YEARS, SECTION OFFICER, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …PETITIONER (BY SRI. DEVIPRASAD SHETTY, ADVOCATE) AND: 1. ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES(H AND M), OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKER ROAD, BANGALORE - 560 001. 2. KARNATAKA STATE JUDICIAL DEPARTMENT HOUSING CO-OPERATIVE SOCIETY LTD, NO. 7/2, SURYA CHAMBERS, 1ST MAIN ROAD, SESHADIPURAM, BANGALORE - 560 020, BY ITS SECRETARY. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18040 WP No. 13360 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECT THE R1 TO DISPOSE OF THE APPLICATION FILED BY THE PETITIONER IN DISPUTE NO. AR (H AND M)/D2/NMD/08/2013-14 PRODUCED AS ANNX-H AND ETC., THIS 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: i) Issue a writ in the nature of mandamus directing the 1st respondent to dispose of the application filed by the petitioner in Dispute No.AR (H & M)/D2/NMD/08/2013-14 produced as Annexure-H. ii) Issue a writ in the nature of Mandamus directing the respondent no.1 to dispose off the main Dispute no. No.AR (H & M)/D2/NMD/08/ 2013-14 produced as Annexure-G1. iii) Issue a writ, order or directions as this Hon'ble court deems fit under the circumstances of the case in the interest of justice and equity. - 3 - NC: 2025:KHC:18040 WP No. 13360 of 2025 2. The grievance of the petitioner is that the dispute which has been raised by the petitioner in the year 2013-2014 is still pending consideration before the first respondent even after lapse of twelve years and hence, a mandamus is sought for. The dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959 is required to be disposed off by the concerned Registrar as expeditiously as possible. 3. In the present case, the said dispute is pending for the past 12 years, which is not acceptable. 4. In that view of the matter, the Registrar of Co- operative Societies is directed to look into the matter to ascertain as to why there is a delay of twelve years in such disposal and submit a report. Hence, I pass the following: ORDER i) The writ petition is allowed and mandamus is issued directing the first respondent to dispose - 4 - NC: 2025:KHC:18040 WP No. 13360 of 2025 off the *proceeding pending in Dispute No No.AR (H&M)/D2/NMD/08/2013-14 produced as Annexure-H, in accordance with law, as expeditiously as possible, by following the applicable procedure, within a period of six months from the date of receipt of copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE DH List No.: 2 Sl No.: 32 CT: BHK *Corrected vide Court order dated 13.06.2025