- 1 - HC-KAR NC: 2025:KHC:24028 WP No. 35522 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35522 OF 2024 (CS-RES) BETWEEN: SMT KUNDA BAI G PARULEKAR AGED ABOUT 66 YEARS, W/O. SADANANDA A BHANDARY, RESIDING AT NO. 442, 1ST BLOCK, ‘D’ GROUP SOCIETY LAYOUT, LINGADEERANAHALLI, VISWANEEDAM POST, BANGALORE-91 …PETITIONER (BY SRI. MANOHAR N.,ADVOCATE) AND: 1. THE SECRETARY THE KARNATAKA GOVERNMENT GROUP D EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED., NO. 11/3, NEW BLOCK, KURUBARA SANGHA BUILDING, KANAKADASA CIRCLE, 1ST MAIN ROAD, GANDHINAGAR, BANGALORE-560 09 2. THE PRESIDENT, THE KARNATAKA GOVERNMENT GROUP D EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED., NO. 11/3, NEW BLOCK, KURUBARA SANGHA BUILDING, KANAKADASA CIRCLE, 1ST MAIN ROAD, GANDHINAGAR, BANGALORE-560 09 3. THE REGISTRAR OF COOPERATIVE SOCIETIES NO. 1, ALI ASKER ROAD, BANGALORE-560052 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24028 WP No. 35522 of 2024 4. THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF CO-OPERATIVE SOCIETIES, VIDHANA SOUDHA, BANGALROE-01 5. SMT. GEETHA AGED ABOUT 55 YEARS, W/O. M. NINGAIAH R/AT. NO. 634, CARE OF PUTTAIAH, 7TH MAIN, VIJAYANAGAR BANGALORE 560040 6. SRI. M. NINGAIAH AGED ABOUT 60 YEARS, S/O. LATE MANCHAIAH, R/AT NO. 2909, 14TH MAIN ROAD, 8TH CROSS, RPC LAYOUT, VIJAYANAGAR, BANGALORE-40 7. MRS. GAYATHRI PRASAD, NO. 334, 5TH CROSS ROAD, 3RD D MAIN ROAD, RR LAYOUT, NAGADEVANAHALLI, BANGALORE -56. 8. H. MANJUNATH, NO. 52/A, 5TH CROSS ROAD, NEAR ST. MARRY HIGH SCHOOL, MARUTHINAGAR, VRISHABHAVATHINAGAR, KAMAKSHIPALYA, BANGALORE-79 9. THE GENERAL MANAGER, SREE SUBRAMANYESWARA CO-OPERATIVE BANK LTD, NO. 106, RAJATHA BHAVANA, R.V. ROAD, VISWESWARAPURAM, BANGALORE-04 10. LAKAYUKTA, KARNATAKA LOKAYUKTA M. S. BUILDINGS, BANGALORE-560 001 …RESPONDENTS (BY SRI. SARAVANA S. ,ADVOCATE FOR R1 & R2; - 3 - HC-KAR NC: 2025:KHC:24028 WP No. 35522 of 2024 SRI. YOGESH D. NAIK., AGA FOR R3 & R4; SRI. SURENDRA N., ADVOCATE FOR R5; SRI. VENKATESH ARABATTI., ADVOCATE FOR R10; SRI. IYENGAR S. VARADARAJAN., ADVOCATE FOR R6; SRI. JAYAPRAKASH R.V., ADVOCATE FOR R7; SRI. K.R. RAMESH., ADVOCATE FOR R8; SRI. K.S. VENKATARAMANA., ADVOCATE FOR R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, DIRECTING THE R1 AND 2 TO CANCEL THE ALLOTMENT OF THE SITE NO. 440 AND 441 ALLOTTED TO THE R5 AND 6 AND TAKE BACK HE SAID SITES FROM THE SUBSEQUENT PURCHASERS BY THE SOCIETY TO ALLOT THE SAME TO ITS MEMBERS IN ACCORDANCE WITH LAW AND ETC. THIS WRIT 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 of mandamus or any other writ, directing the Respondent-Society No.1 and 2 to cancel the allotment of the site No. 440 and 441 allotted to the Respondent No. 5 and 6 and takeback the said sites from the subsequent purchasers by the Society to allot the same to its members in accordance with law; ii. Issue a writ of mandamus or any other writ or direction to the Respondents No.1 and 2 Society to cancel the registered sale deeds of the sites No. 440 and 441 take backs into the custody of the Society from the subsequent purchasers and allot the same to its members in accordance with law; - 4 - HC-KAR NC: 2025:KHC:24028 WP No. 35522 of 2024 iii. To direct the Authority as this Hon’ble Court deems fit and proper to probe, thoroughly investigate, conduct detailed enquiry into acquisition of land and distribution of sites illegally and loss to the governed exchequer running to crores of rupees of general public by appointing independent agency in the interest of justice and equity. 2. The submission of the learned counsel for the petitioner is that there are certain sites which have been allotted by respondent No.1-Society illegally to the certain persons who are not members of the Society as also allotted multiple sites to some of the members, it is submitted that there has been enquired upon and the report of the Hon’ble Lokayukta which has been submitted in that regard evidencing the illegalities on part of the co-operative Society. It is in that background, that the petitioner is before this Court seeking for the aforesaid reliefs. 3. The report of the Hon’ble Lokayukta which has been furnished to the Registrar of Co-operative Society is required to be implemented by the Hon’ble Lokayukta and not by way of mandamus by this - 5 - HC-KAR NC: 2025:KHC:24028 WP No. 35522 of 2024 Court by cancellation of allotment of registered sale deed there being civil rights of the parties involved which cannot be cancelled by way of a mandamus. 4. Reserving liberty to the petitioner to raise a dispute under Section 70 and/or approach of the Hon’ble Lokayukta for implementation of the orders of the Hon’ble Lokayukta, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 47