- 1 - HC-KAR NC: 2025:KHC:40590 WP No. 7265 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 7265 OF 2022 (CS-RES) BETWEEN: 1. VIJAY KUMAR V MEMBER OF BEL HOUSE BUILDING SOCIETY LTD AGED ABOUT 52 YEARS S/O VENUGOPAL R/A HOUSE NO.NA 419, BEL COLONY NEAR GANESH TEMPLE, JALAHALLI POST, BENGALURU - 560 013. 2. PRAMOD UPPIN MEMBER OF BEL HOUSE BUILDING SOCIETY LTD AGED ABOUT 38 YEARS, S/O GURUBASAPPA R/A FLAT NO.S-05, 2ND FLOOR, SHRISTI ANMOL APARTMENTS SIDDESWARA LAYOUT, NEAR THINDLU CIRCLE, BENGALURU-560097 3. MAHESH M R MEMBER OF BEL HOUSE BUILDING SOCIETY LTD AGED ABOUT 32 YEARS S/O RANGASWAMY R/A HOUSE NO.205, SREE SAI NILAYA 1ST MAIN, 1ST CROSS, MUNESHWARASWAMY LAYOUT, 4TH BLOCK DODDABOMMASANDRA VIDYARANYAPURA PO Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40590 WP No. 7265 of 2022 BENGALURU - 560 097 …PETITIONERS (BY SMT.B.V. VIDYULATHA, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA DR AMBEDKAR VEEDI BENGALURU - 560 001 BY ITS CHIEF SECRETARY 2. GOVERNMENT OF KARNATAKA CO-OPERATIVE DEPARTMENT KARNATAKA GOVERNMENT SECRETARIAT, ROOM NO.610, 3RD GATE 6TH FLOOR, M.S. BUILDING DR AMBEDKAR VEEDI BENGALURU - 560 001 BY ITS SECRETARY. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.01, ALI ASKAR ROAD NEAR RAJ BHAVAN, VASANTHNAGAR BENGALURU - 560 052 4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU REGION, SAHAKARA SOUDA NO.143, 3RD FLOOR, 3RD MAIN ROAD 8TH CROSS, MARGOSA ROAD MALLESHWARAM, BENGALURU-560003 5. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, 3RD RANGE, BANGALORE CITY SAHAKARA SOUDA, 3RD FLOOR, 3RD MAIN ROAD, 8TH CROSS MARGOSA ROAD, MALLESWARAM BENGALURU - 560 003 6. BHARAT ELECTRONICS EMPLOYEE CO-OPERATIVE HOUSE BUILDING SOCIETY LTD (BEECHBSL) 1ST FLOOR, BE CO-OPERATIVE - 3 - HC-KAR NC: 2025:KHC:40590 WP No. 7265 of 2022 SOCIETY LTD, JALAHALLI POST, BENGALURU - 560 013 BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SRI. S.R. KHAMROZ KHAN, AGA FOR R1 TO5 SRI. DEVI PRASAD SHETTY, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER SECTION 226 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 19.02.2022 OF THE R4, JOINT REGISTRAR AT ANNEXURE-K TO THE WRIT PETITION. AND DIRECTING THE R2 TO PASS APPROPRIATE ORDERS CONSIDERING ALL THE MATERIAL PLACED BEFORE IT UPON PRAYER NO.2 TO 10 AND INTERIM PAYER SOUGHT FOR IN THE COMPLAINT DATED 24.12.2021 AT ANNEXURE-B TO THE WRIT PETITION AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioners being the members of respondent No.6 - Cooperative Societies have filed this petition seeking issuance of writ in the nature of Certiorari, to quash the order dated 19.02.2022 passed by respondent No.4-the Joint Registrar of Cooperative Societies produced as per Annexure-K and direct respondent No.2 to pass appropriate order considering the materials that are placed before him by the petitioners and also direct respondent No.6-the society not to make any financial transaction including allotment or execution of any title deed - 4 - HC-KAR NC: 2025:KHC:40590 WP No. 7265 of 2022 etc, without leave of respondent No.3-the Registrar of Cooperative Societies. 2. Facts of the case in brief are that, the petitioners have filed a Public Interest Litigation in W.P.No.18132/2021 before this Court against respondents No.1 to 6 alleging that respondent No.6 is involved in various illegalities and not following the procedure as contemplated under the Karnataka Transparency in Public Procurement Act or the Circular issued by the State Government as per Annexures-C, C1 and C2 and sought for an enquiry to be held. The said writ petition came to be allowed vide order dated 15.12.2021 produced as per Annexure-A directing respondent No.3-the Registrar of Cooperative Societies to enquire into the matter. The petitioners were permitted to file a fresh complaint with the Registrar of Cooperative Societies highlighting their grievance, within ten days. 3. It is stated that as per the direction of this Court, the petitioners have filed a memo highlighting their grievance which is produced as per Annexure-D, and requested the Registrar of Cooperative Societies to enquire into the matter - 5 - HC-KAR NC: 2025:KHC:40590 WP No. 7265 of 2022 and submit the report. It is thereafter, the Registrar of Cooperative Societies passed an order as per Annexure-E1 delegating the power and authorising the Joint Registrar of Cooperative Societies to conduct the enquiry as directed by this Court. Later, the Joint Registrar of Cooperative Societies passed the order (Annexure-K) by further delegated his power to the Sub-Registrar of Cooperative Societies to conduct the enquiry. Being aggrieved by the same, the petitioners are before this Court. 4. Heard Smt.B. V. Vidyulatha, learned counsel for petitioners, Sri. S. R. Khamroz Khan, learned Additional Government Advocate for respondent Nos.1 to 5 and Sri. Devi Prasad Shetty, learned counsel for respondent No.6. Perused the materials on record. 5. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioners have made out any ground to allow the petition?" - 6 - HC-KAR NC: 2025:KHC:40590 WP No. 7265 of 2022 My answer to the above point is in the 'affirmative' for the following: REASONS 6. It is the contention of the learned counsel for petitioners that, as per the order passed by the Division Bench of this Court, the petitioners were permitted to file the complaint with respondent No.3-the Registrar of Cooperative Societies and respondent No.3 was directed to consider their grievance by holding an enquiry. However, respondent No.3 delegated his power to the Joint Registrar of Cooperative Societies. Learned counsel for petitioners submits that the petitioners may not have any serious objections for the Joint Registrar of Cooperative Societies to conduct the enquiry as the Registrar is having authority to delegate his power under Section 64 of the KCS Act. But once the Registrar of Cooperative Societies delegates the power to the Joint Registrar of Cooperative Societies, the Joint Registrar of Cooperative Societies cannot further delegate his power under any provisions of the KCS Act and therefore, the said order (Annexure-K) be quashed. - 7 - HC-KAR NC: 2025:KHC:40590 WP No. 7265 of 2022 7. Learned counsel for contesting respondent No.6 and the learned Additional Government Advocate for respondents No.1 to 5 have submitted no objection for the Joint Registrar to conduct the enquiry. But however, it is their contention that under Section 64 of the Act, the Joint Registrar of Cooperative Societies is authorised to delegate his power to the Deputy Registrar of Cooperative Societies. 8. Section 64 of the KCS Act, authorizes the Registrar on his own motion either by himself or by a person authorized by him, by order in writing, hold an enquiry into the matter specified in the order touching the constitution, working and financial condition of the Cooperative Society. 9. Admittedly, this Court as per Annexure-K directed the Registrar of Cooperative Societies to hold an enquiry by permitting the petitioners to file the complaint, and accordingly the petitioners have filed Annexure-D enumerating the issues that are to be considered by the Registrar while holding the enquiry. Under Section 64 of the KCS Act, the Registrar may delegate his power authorising the Joint Registrar or the Deputy Registrar or the Assistant Registrar to hold an enquiry, - 8 - HC-KAR NC: 2025:KHC:40590 WP No. 7265 of 2022 but here already the Registrar has delegated the power under Section 64 of the KCS Act authorising the Joint Registrar to conduct the enquiry. Under such circumstances, the Joint Registrar cannot further delegate his power to the Sub- Registrar of the Cooperative Societies to hold such enquiry. 10. Learned counsel for petitioners further seeks a direction to respondent No.4-the Joint Registrar of Cooperative Societies to complete the enquiry in a time bound manner as the petitioners had filed W.P.No.18132/2021 in the year 2021 and the order as per Annexure-A came to be passed on 15.12.2021. Till date, there is no progress in the matter. 11. Under such circumstances, I find considerable force in the contentions taken by the learned counsel for the petitioners and therefore, I deem it appropriate to direct respondent No.4 to conduct the enquiry in a time bound manner. Since the learned counsel for petitioners, the learned Additional Government Advocate and the learned counsel for respondent No.6 have no objection for the Joint Registrar of Cooperative Societies to conduct an enquiry, I do not find any reason to reject the claim made by the petitioners. - 9 - HC-KAR NC: 2025:KHC:40590 WP No. 7265 of 2022 12. Accordingly, I answer the above point in the affirmative and pass the following: ORDER (i) Writ petition is allowed. (ii) The order dated 19.02.2022 passed by respondent No.4-the Joint Registrar of Cooperative Societies, vide Annexure-K, is hereby quashed. (iii) Respondent No.4 is directed to hold the enquiry, in accordance with law by affording an opportunity to both the parties and to complete the same in a time bound manner, at least within a period of six months from the date of receipt of copy of this order. (iv) The petitioners and respondent No.6 are directed to appear before the Joint Registrar of Cooperative Societies on 06.11.2025, without waiting for further notice. Sd/- (M G UMA) JUDGE MKM CT:VS