POLICE OFFICERS AND STAFFS HOUSE BUILDING CO OPERATIVE SOCIETY LIMITED v. STATE OF KARNATAKA
WP/15847/2025 · 2025-07-17
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40394 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40394 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27131 WP No. 15847 of 2025 C/W WP No. 29786 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15847 OF 2025 (CS-RES) C/W WRIT PETITION NO. 29786 OF 2024 (CS-RES)
IN WP No. 15847/2025 BETWEEN:
POLICE OFFICERS AND STAFFS HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED HAVING ITS OFFICE NO.23/3, 1ST FLOOR, HARIKRISHNA ROAD, NEXT TO FILM CHAMBERS, SHIVANANDA CRICLE, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY
SRI. G.L. SHIVA KUMAR (REG UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959)
…PETITIONER (BY SRI. VENKATESH PRASAD R.,ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGALURU- 560 052
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:27131 WP No. 15847 of 2025 C/W WP No. 29786 of 2024
REPRESENTED BY ITS ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETIES, (HOUSING AND OTHERS). 3. JOINT REGISTRAR OF COOPEARTIVE SOCIETIES, BANGALORE PROVINCE, NO. 146, 3RD FLOOR, SAHAKARI SOUDHA, 8TH CROSS, MALLESHWARAM, BANGALORE 560 003. 4. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, 4TH ZONE, BANGALORE URBAN DISTRICT, OFFICE NO. 146, COOPERATIVE BULIDING, 3RD MAIN ROAD, 8TH CROSS ROAD, MARGOSA ROAD, MALLESHWARAM, BANGALORE 560 003
…RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE ALLGED COMMUNICATIONS 23/05/2025 BEARING NO. DBR B.4/DOO.A/02/2025-26 ISSUED BY R4 AND CONSEQUENTLY THE COMMUNICATION DATED 28-05-2025 BEARING NO. JRD/HOME/D.A/11/2025-26 ISSUED BY R3 AT ANNEXURE-A AND B RESPECTIVELY AND ETC. IN WP NO. 29786/2024 BETWEEN:
POLICE OFFICERS AND STAFFS HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED HAVING ITS OFFICE NO.23/3, 1ST FLOOR, HARIKRISHNA ROAD, NEXT TO FILM CHAMBERS, SHIVANANDA CRICLE, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY
SRI. G.L. SHIVA KUMAR (REG UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) ...PETITIONER
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HC-KAR NC: 2025:KHC:27131 WP No. 15847 of 2025 C/W WP No. 29786 of 2024
(BY SRI. VENKATESH PRASAD R.,ADVOCATE)
AND:
1. KARNATAKA LEGISLATIVE ASSEMBLE SECRETARIAT ROOM NO. 121, POST BOX NO. 5074 FIRST FLOOR VIDHANA SOUDHA BENGALURU 560001 REP BY ITS SECRETARY
2.
REGISTRAR OF CO OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD BENGALURU 560052 REP BY ITS ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES (HOUSING AND OTHERS)
3. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA CO-OPERATIVE DEPARTMENT VIDHANA SOUDHA BENGALURU 560001 ...RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE ALLEGED COMMUNICATIONS 28.10.2024 BEARING NO. A.S.P.NO.KVSS/SKP/23/S.E/2024-25 ISSUED BY THE R-1 AND COMMUNICATION DTD. 29.10.2024 BEARING NO. HSG- 2/63/HHS/2024-25 ISSUED BY R-2 AT ANNX-A AND B RESPECTIVELY AND ETC. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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HC-KAR NC: 2025:KHC:27131 WP No. 15847 of 2025 C/W WP No. 29786 of 2024
ORAL ORDER
1. The petitioner in W.P.No.15847/2025 is before this Court seeking for the following reliefs: a. Issue a writ of certiorari, quashing the alleged communications 23.5.2025 bearing No.DBR B- 4/Doo.A/01/2025-26 issued by R4 and consequently the communication dated 28.05.2025 bearing No. JRB/Home/D.A./11/2025-26 issued by R3 at Annexure-A and B respectively.
b. Pass any other writ, order, direction as this Hon’ble Court might deem fit in the
facts and circumstances of the case, including the cost of this Writ Petition, in the interest of Justice and equity.
2. The petitioner in W.P.No.29786/2025 is before this Court seeking for the following reliefs: a. Issue a writ of certiorari, quashing the alleged communications 28.10.2024 bearing No.ASP.No. KVSS/SKP/23/S.E/2024-25 issued by R1 and communication dated 29.10.2024 bearing No. HSG-2/63/HHS/2024-25
issued by R2 at Annexure-A and B respectively.
b. Pass any other writ, order, direction as this Hon’ble Court might deem fit in the
facts and circumstances of the case, including the cost of this Writ Petition, in the interest of Justice and equity.
3. The grievance of the petitioner is that on the basis of instructions issued by the committee on papers laid on
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HC-KAR NC: 2025:KHC:27131 WP No. 15847 of 2025 C/W WP No. 29786 of 2024
the table respondents No. 1 and 2 have issued correspondence at Annexures-A and B calling upon the petitioner to furnish certain documents and to appear before the Committee on papers laid on the table.
4. This aspect has been dealt with by this court in the order dated 10.07.2025 passed in WP No.11264/2025 [THE SOUTH CANARA DISTRICT CENTRAL COOPERATIVE BANK LTD. -V- THE REGISTRAR OF COOPERATIVE SOCIETIES], wherein this Court has categorically come to a conclusion that in terms of Rule 291 of the Karntaka Cooperative Societies Rule, 1960, there is no power with the said Committee to call for any documents or to summon any witnesses.
5. In that view of the matter, I pass the following:
ORDER i. The Writ petitions are allowed. ii. A certiorari is issued. The impugned communications dated 23.05.2025 at Annexure-A and dated 28.05.2025 at Annexure-B in W.P. No.15847/2025 are quashed.
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HC-KAR NC: 2025:KHC:27131 WP No. 15847 of 2025 C/W WP No. 29786 of 2024
iii. The impugned communication dated 28.10.2024 at Annexure-A and subsequent communication dated 29.10.2024 at Annexure-B in W.P. No.29786/2024 are quashed.
SD/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.: 70