Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12419 WP No. 25042 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25042 OF 2024 (CS-RES) BETWEEN:
1. PUTTASWAMY S/O SUBBE GOWDA AGED ABOUT 49 YEARS, DIRECTOR (PRESENTLY DISQUALIFIED) SREE LAKSHMI NARASIMHA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD MALAVALLI TOWN, KOTE BEEDI -571430
R/AT WARD NO. 16, PETE BEEDHI, MALAVALLI TOWN-571430 MANDYA DISTRICT …PETITIONER (BY SRI. PRUTHVI WODEYAR.,ADVOCATE) AND:
1.
STATE OF KARNATAKA DEPARTMENT OF COOPERATION, M.S.BUILDING, BANGALORE-560001 BY ITS SECRETARY
2.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, BANGALORE-560 052
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:12419 WP No. 25042 of 2024
3.
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA MANDYA DISTRICT-571401
4.
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA SUB-DIVISION MANDYA-571401
5.
SREE LAKSHMI NARASIMHA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD MALAVALLI TOWN, KOTE BEEDI-571430 MANDYA DISTRICT REP BY ITS CHIEF EXECUTIVE OFFICER REG UNDER SOCIETIES REGISTRATION ACT
6.
SRI.M SHIVARAJU S/O M P MADAIAH, AGED ABOUT 52 YEARS, N E S LAYOUT, MALAVALLI TOWN, MALAVALLI, MANDYA DISTRICT-571430. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 TO R4 SRI. P. ANAND, ADVOCATE FOR R6 SRI. D.M. KRISHNA, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE ORDER DATED 10/07/2024 IN NO.
AR39/DDS/DISQUALIFICATION/50/2023-24 PASSED BY THE R4 VIDE ANNX-D. ii) DIRECT THE R3 TO PASS APPROPRIATE ORDERS ON THE APPEAL FILED BY THE PETITIONER VIDE ANNX-E AS EXPEDITIOUSLY AS POSSIBLE. GRANT AN INTERIM
ORDER TO STAY THE ORDER DATED 10/07/2024 IN NO.
AR39/DDS/DISQUALIFICATION/50/2023-24 PASSED BY THE R4 VIDE ANNX-D.
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NC: 2025:KHC:12419 WP No. 25042 of 2024
THIS 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 petitioner is before this court seeking for the following reliefs:
"i. Issue a writ in the nature of certiorari quashing the order dated 10.07.2024 in No.AR39/DDS/Disqualification/50/2023-24 passed by the 4th respondent vide Annexure- D.
ii Issue a writ in the nature of mandamus directing the 3rd respondent to pass appropriate orders on the appeal filed by the petitioner vide Annexure-E as expeditiously as possible.
iii. Such other direction or order or writ as may deem fit to this Hon'ble Court may kindly be issued, in the interest of justice and equity."
2. The petitioner had filed an appeal before the Deputy Registrar of Co-operative Societies Mandya - respondent No.3 challenging the
order of disqualification. Since the said matter was not taken up for hearing and interim application was not considered, the petitioner had approached this
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NC: 2025:KHC:12419 WP No. 25042 of 2024
Court, this Court vide order dated 17.09.2024 has stayed the further proceedings in pursuance of the disqualification order at Annexure-E.
3. The order passed by this Court was only on account of respondent No.3 not having taken up the proceedings. In that view of the matter, I am of the considered opinion that, the interest of justice will be served by directing respondent No.3 to consider the appeal filed by the petitioner and until such
consideration the interim order passed by this Court could be extended. As such, I passed the following:
O R D E R
(i) Writ Petition is partly-allowed.
(ii) The respondent No.3 is directed to consider the appeal filed by the petitioner in Appeal No.01/2025 and pass necessary orders thereon as expeditiously as possible within a period of
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NC: 2025:KHC:12419 WP No. 25042 of 2024
30 days from the date of receipt of a copy of this order.
(iii) The interim order dated 17.09.2024 is extended until the disposal of the said appeal.
Sd/- (SURAJ GOVINDARAJ) JUDGE
AMM List No.: 1 Sl No.: 56