- 1 - NC: 2025:KHC:18231 WP NO.14100 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14100 OF 2025 (GM-KSR) BETWEEN: SRI. VENKATARAMANA SWAMY VIDYA VARDAHKA SANGHA (R.) (REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) VIDYAGIRI, BANTWAL, DAKSHINA KANNADA - 574211. REPRESENTED BY ITS JOINT SECRETARY, KUDIGE PRAKASH SHENOY, S/O LATE K.SURENDRA SHENOY AGED ABOUT 48 YEARS. …PETITIONER (BY SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI. DEVIPRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU -560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD, BENGALURU -560 052. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DIVISION, PUBLIC OFFICERS BUILDING, NEW SAYYAJI ROAD, MYSURU - 570 024. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18231 WP NO.14100 OF 2025 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES / DISTRICT REGISTRAR OF SOCIETIES JANATHA BAZAR, 1ST FLOOR, GANAPATHI HIGH SCHOOL ROAD, MANGALURU - 575 001. 5. H.N. RAMESH S/O NOT KNOWN TO PETITIONER, AGE NOT KNOWN TO THE PETITIONER, THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/DISTRICT REGISTRAR OF SOCIETIES. JANATHA BAZAR, 1ST FLOOR, GANAPATHI HIGH SCHOOL ROAD, MANGALURU - 575 001. 6. SUDHEER KUMAR J. S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 52 YEARS, ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, MANGALURU SUB- DIVISION, MANGALURU - 575 001. …RESPONDENTS (BY SRI. KIRAN KUMAR, HCGP FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 28.02.2025 PASSED BY THE RESPONDENT NO.4 VIDE ANNEXURE-F; QUASH THE ORDER DATED 17.04.2025 PASSED BY THE RESPONDENT NO.4 APPOINTING THE RESPONDENT NO.6 AS THE ENQUIRY OFFICER VIDE ANNEXURE-H; QUASH THE NOTICE ISSUED BY THE RESPONDENT NO.6 DATED 28.04.2025 TO THE PETITIONER-SOCIETY VIDE ANNEXURE-J; DIRECT THE RESPONDENT NO.4 TO CONSIDER THE APPLICATION FILED BY THE PETITIONER FOR RECALLING ON 10.03.2025 VIDE ANNEXURE-G; DIRECT THE RESPONDENTS 1 TO 3 TO CONSIDER THE REPRESENTATION DATED 21.02.2025 VIDE ANNEXURES 'C1', 'C2' AND 'C3'' AND ETC - 3 - NC: 2025:KHC:18231 WP NO.14100 OF 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Sri. Kiran Kumar, learned High Court Government Pleader accepts notice for respondents 1 to 4. 2. The short grievance of the petitioner is that, despite there being an order dated 28.02.2025 passed by this Court in Writ Petition No.6065/2025 directing the respondent No.4 - Deputy Registrar Cooperative Societies to furnish all requisite information in terms of application dated 12.02.2025 filed by the petitioner seeking certain documents, and staying the proceedings till the next date of hearing, the respondent -No.4 had proceeded to pass orders, appointing the Enquiry Officer. 3. Sri. Jayakumar S. Patil, learned Senior Counsel appearing for the petitioner submits that the aforesaid interim order was brought to the notice of the respondent No.4 on 28.02.2025 at 01.00 p.m. instant by filing a memo in this regard. Learned Senior Counsel further submits that the respondent No.4 despite having the knowledge of the said - 4 - NC: 2025:KHC:18231 WP NO.14100 OF 2025 interim order, had disregarded the same and proceeded to pass the order impugned in this writ petition. He further submits that the petitioner thereafter filed the application under Order IX Rule 9 read with Section 151 of the Code of Civil Procedure, as per Annexure-G seeking to recall impugned order and to permit it to address its arguments on the maintainability of the proceedings, which has not been considered by the respondent No.4. He further submits that, if the respondent No.4 is directed to consider the application filed by the petitioner the purpose of this petition will be served. 5. Sri. Kiran Kumar, learned High Court Government Pleader for respondents 1 to 4 submits that, the application filed by the petitioner produced at Annexure-G will be considered and appropriate orders will be passed in accordance with law. 6. The said submission of the learned High Court Government Pleader is taken on record. 7. Accordingly, respondent No.4 is directed to take on record the application of the petitioner produced at Annexure-G to the writ petition and pass appropriate orders after affording - 5 - NC: 2025:KHC:18231 WP NO.14100 OF 2025 an opportunity of hearing to the petitioner, within an outer limit of sixty days from the date of receipt of this order. Accordingly, writ petition is disposed of. SD/- (M.G.S. KAMAL) JUDGE ARK List No.: 1 Sl No.: 157