- 1 - HC-KAR NC: 2025:KHC:28426 WP No. 2397 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.2397 OF 2025 (CS-RES) BETWEEN: PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., DHARMAPURA, HUNSUR TALUK MYSURU DISTRICT - 571 105 REPRESENTED BY ITS EX-CEO …PETITIONER (BY SRI SANDESH T. B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M. S. BUILDING Dr. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU SUB-DIVISION MYSURU DISTRICT - 570 001. 3. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HUNSURU SUB-DIVISION HUNSURU MYSURU DISTRICT - 571 105. R. RAMESH S/O. RAMA NAYAKA AGED ABOUT 44 YEARS R/AT DHARMAPURA VILLAGE HUNSURU TALUK, MYSORE DISTRICT - 571 189. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC:28426 WP No. 2397 of 2025 5. NARAYAN NAIKA S/O. CHIKKACHELUVA NAIKA @ HOTTE GOVINDA AGED ABOUT 61 YEARS DHARMAPURA VILLAGE AND POST BILIKERE HOBLI HUNASURU TALUK MYSURU DISTRICT. …RESPONDENTS (BY SRI YOGESH D. NAIK, A.G.A., FOR R1 TO R3; SRI RAJENDRA KUMAR SUNGAY T. P., ADVOCATE FOR C/R-2) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 12.09.2024 IN SERIAL IMPUGNED NO.SANI43:ADMINISTRATOR:SECTION64: 25:ENQUIRY:20204-25, PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-G AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner -Society is before this Court, seeking for the following reliefs: "a) To issue a writ of certiorari quashing the impugned order dated 12.09.2024 in Serial No: SaNi43: Administrator: Section64: 25: Enquiry - 3 - HC-KAR NC: 2025:KHC:28426 WP No. 2397 of 2025 :2024-25, passed by the respondent No.3 vide Annexure G, in the interest of justice and equity. b) To issue a writ of mandamus directing the respondent No.3 to consider the un-numbered Surcharge Dispute dated 28.11.2023 filed by the petitioner under Section 69 of KCS Act, vide Annexure D, in the interest of justice and equity. c) Pass such other orders as may be appropriate in facts and circumstances of the case, in the ends of justice and equity." 2. Vide order dated 12.09.2024 at Annexure G, proceedings had been initiated under Section 64 of the Karnataka Co-operative Societies Act, 1959 ('KCS Act' for short), charges have been framed, and petitioner - Society was called upon to reply to the said charges. 3. It is challenging the said order at Annexure G, the petitioner-Society is before this Court. 4. The submission of Sri. Sandesh T.B. learned counsel for petitioner-Society is that the Society had filed a Surcharge Dispute under Section 69 of the KCS Act as regards respondent No.5, which is - 4 - HC-KAR NC: 2025:KHC:28426 WP No. 2397 of 2025 still pending consideration and until that, the enquiry under Section 64 of the KCS Act is required to be kept pending, since there is overlap of the allegations made against the Society as also the allegations made by the Society against respondent No.5. 5. Learned AGA for respondents No.1 to 3 submits that the surcharge proceedings has been numbered as 6/2024, taken up for hearing and now the matter is posted on 29.07.2025 for final hearing. 6. If that is so, it is for the petitioner-Society to address its arguments on that day without taking any adjournment and for the respondents to pass necessary orders on the same, as expeditiously as possible. 7. It is observed that the same would not, in any manner, come in the way of the enquiry - 5 - HC-KAR NC: 2025:KHC:28426 WP No. 2397 of 2025 proceedings being continued since the enquiry would take some more time and the same would not come in the way of the petitioner replying to the charges framed in the enquiry proceedings, which reply could be considered after the disposal of the surcharge proceedings under Section 69 of the KCS Act. 8. Hence, I pass the following: ORDER i) The Writ Petition is partly allowed. ii) The respondent No.3 is directed to dispose of the surcharge proceedings bearing No.6/2024, as expeditiously as possible; iii) The submission of the learned counsel for the petitioner-Society that it would address its arguments on 29.07.2025 without seeking any adjournment, is placed on record; - 6 - HC-KAR NC: 2025:KHC:28426 WP No. 2397 of 2025 iv) Time granted in Annexure G is extended by a period of two weeks for the petitioner to file its reply to the charges framed in the order dated 12.09.2024 vide Annexure G. v) Such reply shall be submitted by the petitioner on or before 12.09.2025. Sd/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 12