- 1 - HC-KAR NC: 2025:KHC:28580 WP No. 24542 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24542 OF 2024 (CS-RES) BETWEEN: 1. NAGENDRA B S S/ O LATE SUBRAYA B L AGED ABOUT 70 YEARS, NO 265, 4TH STAGE, 3RD PHASE, VIJAYANAGARA, MYSORE- 570 017. 2. R. NIRMALA W/O P SURESH ACHAR C/O S R RAMESH ADIGA AGED ABOUT 60 YEARS, LM COMPLEX, NEAR KSRTC BUS STAND, PERIYAPATTANA, MYSORE 571 107. 3. K.T. SARASWATHI W/O VR HEGDE AGED ABOUT 68 YEARS, NO.4-341,4TH BLOCK, NEAR SOMESHWAR TEMPLE, KUSHALANAGAR - 571 234 4. K.N. ROHINI W/O N C ANNAIAH AGED ABOUT 61 YEARS, NO 1225, MUTHAIAH BADAVANE, GINIKOPPA ROAD, PERIYAPATTANA, MYSORE 571 107 5. A.R. MAMATHA W/O NAGARAJU V AGED ABOUT 54 YEARS NO 20.1ST CROSS, E BLOCK, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28580 WP No. 24542 of 2024 SBM LAYOUT, BASAVESHWARA SAMUDAYA BHAVANA, MYSORE 570026. 6. ANNAPOORNA A R W/O LATE KEERTHIKUMAR N S, NO 40, 2ND CROSS, VIDYASHANKARA, LAYOUT, PINIKINI ROAD, MYSORE- 570 019. 7. A.D. SURESH S/O DEVARASEGOWDA AGED ABOUT 52 YEAERS NO 14, LAKSHMIVENKETESHWARA NILAYA, MUTHAIAH BADAVANE, PERIYAPATTANNA, MYSORE 571 107. 8. MAHADEVA. M S/O LATE MARINAYAKA S KOPPALLU, RAVANDUR POST, PERIYAPATTANA TALUK, MYSORE 571 108. 9. RAMESH. R S/O RAMACHANDREGOWDA NO 117, BRUNDAVANA NILAYA, MUTHAIAH BADAVANE, PERIYAPATTANA, MYSORE 571 107. …PETITIONERS (BY SRI. JAIRAJ G.,ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS, PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETY, 6TH FLOOR, MS BUILDING, BANGALORE- 560 001. 2. THE REGISTRAR THE OFFICE OF THE REGISTRAR CO-OPERATIVE SOCIETIES, (HOUSE AND ETC), NO.1, ALI ASKAR ROAD, - 3 - HC-KAR NC: 2025:KHC:28580 WP No. 24542 of 2024 BENGALURU 560 052 3. THE JOINT REGISTRAR OFFICE OF CO-OPERATIVE SOCIETIES, PUBLIC BUILDING, PORT MOHALLAH, NEW SAYAJI RAO ROAD, MYSORE 560 024 4. THE DEPUTY REGISTRAR OFFICE OF CO-OPERATIVE SOCIETIES, NEAR JILLA PANCHAYATH, CHIKKAMAGALUR - 577 101. 5. MYSORE REGIONAL EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED, NO 112/D, 1ST FLOOR, 5TH CROSS, 9TH MAIN, NEAR JAVAREGOWDA PARK, SARASWATHIPURAM, MYSORE- 510009. REP. BY ITS PRESIDENT RAVIKANTH RAO 6. MYSORE REGIONAL EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED, NO 112/D, 1ST FLOOR, 5TH CROSS, 9TH MAIN, NEAR JAVAREGOWDA PARK, SARASWATHIPURAM, MYSORE- 510009. REP. BY ITS VICE PRESIDENT T.M. BARY 7. MYSORE REGIONAL EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED, NO 112/D, 1ST FLOOR, 5TH CROSS, 9TH MAIN, NEAR JAVAREGOWDA PARK, SARASWATHIPURAM, MYSORE- 510009. REP. BY ITS SECRETARY Y.S. NAGARAJ. 8. M.S. NANJEGOWDA S/O LATE SIDDEGOWDA, AGED ABOUT 63 YEARS, MANAGING DIRECTOR OF KOUSHIK INFRA CON. PVT. LTD. BUILDERS AND DEVELOPERS, NO.6, 6TH CROSS, 8TH MAIN, SARASWATHIPURAM, MYSORE 570 009. - 4 - HC-KAR NC: 2025:KHC:28580 WP No. 24542 of 2024 AND ALSO R/AT NO.2, B-5, VASU BADAVANE, RAMAKRISHNANAGAR, MYSORE 570 022. …RESPONDENTS (BY SRI. HARISH A.S., AGA FOR R1 TO R4; SRI. B.J. ROHITH GOWDA., ADVOCATE FOR R5 & R6 & R7 SRI. MANMOHAN P.N. ADVOCATE FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 7 TO CONSIDERING THE REPRESENTATIONS OF THE PETITIONERS AT ANNX-P1 TO P5 DTD. 11.07.2024, 08.07.2024, 18.07.2024 AND 09.07.2024 RESPECTIVELY BY DIRECTING THE R-5 TO 7 ALLOT THE SITES TO THE PETITIONERS IN RESPECT OF THE LAND BEARING SY.NOS.11, 13/1, 13/2, 13/3 AND 19/4 SITUATED AT MARATIKYATHANAHALLI VILLAGE, JAYAPURA HOBLI, MYSORE TALUK AND DISTRICT 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 petitioners are before this Court seeking for the following reliefs; a. Directing the R1 to R6 to considering the representations of the Petitioners at Annexure-P1 to P5 dated 11.07.2024, 08.07.2024, 18.07.2024 and 09.07.2024 respectively by directing the R5 to R7 allot the sites to the petitioners in respect of the Land bearing Sy.Nos.11, 13/1, 13/2, 13/3 and 19/4 situated at Maratikyathanahalli village, Jayapura Hobli, Mysore Taluk and District, - 5 - HC-KAR NC: 2025:KHC:28580 WP No. 24542 of 2024 b. Such other writ, order or directions as this Hon’ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity. 2. The short grievance of the petitioners is that the petitioners being members of respondent No.5 claiming that they have discharged all their obligations, allotment of sites have not been made by respondent No.5-Society. Hence, representations have been submitted on 11.7.2024, 8.7.2024, 18.7.2024 and 9.7.2024 at Annexure-P1 to P5 respectively, which also have not been acted upon. 3. The submission of learned counsel for the petitioner is that neither there is refusal on part of the respondent-Society nor any default pointed on account of the petitioners and as such the allotment of sites had to be affected. 4. The submissions made and representations submitted by the petitioner ought to have been considered by respondent No.-5-Society and necessary action taken thereon, if the petitioner - 6 - HC-KAR NC: 2025:KHC:28580 WP No. 24542 of 2024 satisfies the requirement, sale deeds ought to have been executed, if not necessary endorsement ought to have been issued by respondent No.5-Socitey. Neither having been done, I pass the following; ORDER i. The writ petition is allowed. ii. Responder No.5-Socitey is directed to consider the representations of the petitioner dated 11.7.2024, 8.7.2024, 18.7.2024 and 9.7.2024 at Annexure-P1 to P5 respectively within a period of four weeks from the date of receipt of a certified copy of this order in accordance with the bylaws, allotment letter, needless to say in accordance with law. iii. This Court has not expressed any opinion on the merits. iv. The above order having been passed in the peculiar circumstances, same shall not be treated as a precedent. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 60