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2025 DAILYLAW 33736 (KAR)

SRI D RANGASWAMAIAH v. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES

WP/28168/2024 · 2025-03-27

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC:13109 WP No. 28168 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28168 OF 2024 (CS-RES) BETWEEN: SRI D RANGASWAMAIAH S/O LATE DODDARANGAIAH AGED ABOUT 59 YEARS W/AS SECRETRY, KUNIGAL TOWN MEENUGARARA AND MEENU BALAKEDARARA SAHAKARA SANGHA NIYAMITHA KOTHIPURA, KUNIGAL TALUK TUMKURU DISTRICT - 572 101. …PETITIONER (BY SRI NANJA REDDY P N, ADVOCATE) AND: 1. THE ASSISTANT REGISTRAR OF CO - OPERATIVE SOCIETIES TUMKURU SUB - DIVISON TUMKURU TUMKURU DISTRICT - 572 101. 2. KUNIGAL TOWN MEENUGARARA AND MEENU BALAKEDARARA SAHAKARA SANGHA NIYAMITHA REPRESENTED BY ITS PRESIDENT KOTHIPURA, HERUR POST KUNIGAL TALUK TUMKURU DISTRICT - 572 101. REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT , 1969) …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13109 WP No. 28168 of 2024 (BY SRI YOGESH D NAIK, AGA FOR R1 (MA NOT FILED) R2- SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-1 TO IMPLEMENT THE ORDERS AT ANNX-A DATED 30.09.2008 BY DIRECTING THE R-2 IN TERMS OF THE PROVISIONS OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT AND ETC., 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. Petitioner is before this Court seeking for the following reliefs: "a). Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to implement the orders 0at Annexure-A dated 30.09.2008 by directing the respondent-2 in terms of the provisions of the Karnataka Co-Operative Societies Act. b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to implement the order dated 30.09.2008 passed by the 1st respondent in Annexure-A by paying the arrears of salary in case No.ART/01/2004-05 w.e.f 21.06.1993 till 01.07.2015 @ Rs.500/- per month - 3 - NC: 2025:KHC:13109 WP No. 28168 of 2024 amounting to Rs.1,32,500/- and deposit amount of Rs.52,248/- along with 12% interest. Further directed to pay @ Rs.18,500/- per month w.e.f. 15.12.2016 and grant all the consequential benefits by considering the representations at Annexures-C, D, E and F dated 20.05.2024, 23.05.2024, 04.06.2024 and 13.08.2024 respectively." 2. The order at Annexure-A dated 30.09.2008 passed by respondent No.1 directing respondent No.2 to make certain payments has not been implemented. 3. Representations had also been submitted by the petitioner on 20.05.2024, 23.05.2024, 04.06.2024 and 13.08.2024 at Annexure-C, D, E and F respectively which also has not been acted upon. Whenever any representation is submitted, it is required for the authorities to act on said representation and pass necessary orders. In the present case, the representations submitted by the petitioner being one for implementation of the order dated 30.09.2008. - 4 - NC: 2025:KHC:13109 WP No. 28168 of 2024 I am of the considered opinion that treatment of those representations as execution proceedings under Section 101 of the Karnataka Co-opeative Societies Act, 1959 would serve the ends of justice. 4. As such, I pass the following: ORDER (i) Writ petition is allowed. (ii) A mandamus is issued to 1st respondent to treat Annexure-C, D, E and F supra as an execution petition under Section 101 of the Karnataka Co-operative Societies Act, 1959 and proceed thereof within a period of three months from the date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE MR, List No.: 2 Sl No.: 44