- 1 - NC: 2025:KHC-D:213 WP Nos. 100707/2014, C/W 100085/2014, 100086/2014, 100087/2014, 100088/2014, 100705/2014, 100706/2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100707 OF 2014 (GM-CON) C/W WRIT PETITION NO.100085 OF 2014 WRIT PETITION NO.100086 OF 2014 WRIT PETITION NO.100087 OF 2014 WRIT PETITION NO.100088 OF 2014 WRIT PETITION NO.100705 OF 2014 WRIT PETITION NO.100706 OF 2014 IN W.P.NO.100707/2014: BETWEEN: SRI PRADEEP S/O. DINAKAR KALBHAIRAV, AGE: 67 YEARS, OCC: RETIRED, R/O: GURUKRUPA BUILDING, SADASHIV NAGAR, LAST BUS STOP, BELAGAVI. …PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: 1. SMT. MEENAXI RAMAPPA SANKANNAVAR , AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O: AT POST NAGARMUNNOLLI, TQ: CHIKKODI, DIST: BELAGAVI. 2. THE SECRETARY/ MANAGER, SHRI MAHALAXMI MAHILA MULTI - PURPOSE CO-OPERATIVE SOCIETY LTD., NAGARMUNNOLLI, AT POST NAGARMUNNOLI, TQ: CHIKKODI DIST: BELAGAVI. …RESPONDENTS (BY SRI SHIVARAJ BALLOLI, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Date: 2025.01.18 11:02:11 +0530 - 2 - NC: 2025:KHC-D:213 WP Nos. 100707/2014, C/W 100085/2014, 100086/2014, 100087/2014, 100088/2014, 100705/2014, 100706/2014 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE FIRST RESPONDENT IN EP 228/2012 ON THE FILE OF DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, VIDE ANNEXURE-D. A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ORDER DATED 17.07.2013 IN EP NO.228/2012 PASSED BY DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, VIDE ANNEXURE-D AND ETC., IN W.P.NO.100085/2014: BETWEEN: SRI PRADEEP S/O. DINAKAR KALBHAIRAV, AGE: 67 YEARS, OCC: RETIRED, R/O: GURUKRUPA BUILDING, SADASHIV NAGAR, LAST BUS STOP, BELAGAVI. …PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: 1. SMT. VIJAYALAXMI PATTRAYYA HIREMATH , AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O: AT POST NAGARMUNNOLLI, TQ: CHIKKODI, DIST: BELAGAVI. 2. THE SECRETARY/ MANAGER, SHRI MAHALAXMI MAHILA MULTI - PURPOSE CO-OPERATIVE SOCIETY LTD., NAGARMUNNOLLI, AT POST NAGARMUNNOLI, TQ: CHIKKODI, DIST: BELAGAVI. …RESPONDENTS (BY SRI P.V.GUNJAL, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE FIRST RESPONDENT IN EP 224/2012 ON THE FILE OF DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, - 3 - NC: 2025:KHC-D:213 WP Nos. 100707/2014, C/W 100085/2014, 100086/2014, 100087/2014, 100088/2014, 100705/2014, 100706/2014 VIDE ANNEXURE-F. A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ORDER DATED 17.07.2013 IN EP NO.224/2012 PASSED BY DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, VIDE ANNEXURE-F AND ETC., IN W.P.NO.100086/2014: BETWEEN: SRI PRADEEP S/O. DINAKAR KALBHAIRAV, AGE: 67 YEARS, OCC: RETIRED, R/O: GURUKRUPA BUILDING, SADASHIV NAGAR, LAST BUS STOP, BELAGAVI. …PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: 1. SRI MAHANTESH S/O. PATTRAYYA HIREMATH, AGE: 34 YEARS, OCC: STUDENT, R/O AT/ POST NAGARMUNNOLLI, TQ: CHIKODI, DIST: BELAGAVI. 2. THE SECRETARY/ MANAGER, SHRI MAHALAXMI MAHILA MULTI - PURPOSE CO-OPERATIVE SOCIETY LTD., NAGARMUNNOLLI, AT POST NAGARMUNNOLI, TQ: CHIKKODI, DIST: BELAGAVI. …RESPONDENTS (BY SRI P.V.GUNJAL, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE FIRST RESPONDENT IN EP 223/2012 ON THE FILE OF DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, VIDE ANNEXURE-F. A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ORDER DATED 17.07.2013 IN EP NO.223/2012 PASSED BY DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, VIDE ANNEXURE-F AND ETC., - 4 - NC: 2025:KHC-D:213 WP Nos. 100707/2014, C/W 100085/2014, 100086/2014, 100087/2014, 100088/2014, 100705/2014, 100706/2014 IN W.P.NO.100087/2014: BETWEEN: SRI PRADEEP S/O. DINAKAR KALBHAIRAV, AGE: 67 YEARS, OCC: RETIRED, R/O: GURUKRUPA BUILDING, SADASHIV NAGAR, LAST BUS STOP, BELAGAVI. …PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: 1. SRI MALAGOUDA NINGAPPA KAMAGOUDA, AGE: 35 YEARS, OCC: AGRICULTURE, R/O AT/ POST NAGARMUNNOLLI, TQ: CHIKODI, DIST: BELAGAVI. 2. THE SECRETARY/ MANAGER, SHRI MAHALAXMI MAHILA MULTI - PURPOSE CO-OPERATIVE SOCIETY LTD., NAGARMUNNOLLI, AT POST NAGARMUNNOLI, TQ: CHIKKODI, DIST: BELAGAVI. …RESPONDENTS (BY SRI SHIVARAJ BALLOLI, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE FIRST RESPONDENT IN EP 229/2012 ON THE FILE OF DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, VIDE ANNEXURE-F. A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ORDER DATED 17.07.2013 IN EP NO.229/2012 PASSED BY DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, VIDE ANNEXURE-F AND ETC., - 5 - NC: 2025:KHC-D:213 WP Nos. 100707/2014, C/W 100085/2014, 100086/2014, 100087/2014, 100088/2014, 100705/2014, 100706/2014 IN W.P.NO.100088/2014: BETWEEN: SRI PRADEEP S/O. DINAKAR KALBHAIRAV, AGE: 67 YEARS, OCC: RETIRED, R/O: GURUKRUPA BUILDING, SADASHIV NAGAR, LAST BUS STOP, BELAGAVI. …PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: 1. SMT. LEELADEVI W/O. PATTRAYYA HIREMATH, AGE: 66 YEARS, OCC: HOUSEHOLD, R/O: AT/POST NAGARMUNNOLLI, TQ: CHIKODI, DIST: BELAGAVI. 2. THE SECRETARY/ MANAGER, SHRI MAHALAXMI MAHILA MULTI - PURPOSE CO-OPERATIVE SOCIETY LTD., NAGARMUNNOLLI, AT POST NAGARMUNNOLI, TQ: CHIKKODI, DIST: BELAGAVI. …RESPONDENTS (BY SRI SHIVARAJ BALLOLI, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE FIRST RESPONDENT IN EP 225/2012 ON THE FILE OF DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, VIDE ANNEXURE-E. A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ORDER DATED 17.07.2013 IN EP NO.225/2012 PASSED BY DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, VIDE ANNEXURE-E AND ETC., - 6 - NC: 2025:KHC-D:213 WP Nos. 100707/2014, C/W 100085/2014, 100086/2014, 100087/2014, 100088/2014, 100705/2014, 100706/2014 IN W.P.NO.100705/2014: BETWEEN: SRI PRADEEP S/O. DINAKAR KALBHAIRAV, AGE: 67 YEARS, OCC: RETIRED, R/O: GURUKRUPA BUILDING, SADASHIV NAGAR, LAST BUS STOP, BELAGAVI. …PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: 1. SIDDRAM DUNDAPPA KHANANNAVAR, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: AT/POST NAGARMUNNOLLI, TQ: CHIKODI, DIST: BELAGAVI. 2. THE SECRETARY/ MANAGER, SHRI MAHALAXMI MAHILA MULTI - PURPOSE CO-OPERATIVE SOCIETY LTD., NAGARMUNNOLLI, AT POST NAGARMUNNOLI, TQ: CHIKKODI, DIST: BELAGAVI. …RESPONDENTS (BY SRI SHIVARAJ BALLOLI, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE FIRST RESPONDENT IN EP 227/2012 ON THE FILE OF DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, VIDE ANNEXURE-F. A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ORDER DATED 17.07.2013 IN EP NO.227/2012 PASSED BY DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, VIDE ANNEXURE-F AND ETC., - 7 - NC: 2025:KHC-D:213 WP Nos. 100707/2014, C/W 100085/2014, 100086/2014, 100087/2014, 100088/2014, 100705/2014, 100706/2014 N W.P.NO.100706/2014: BETWEEN: SRI PRADEEP S/O. DINAKAR KALBHAIRAV, AGE: 67 YEARS, OCC: RETIRED, R/O: GURUKRUPA BUILDING, SADASHIV NAGAR, LAST BUS STOP, BELAGAVI. …PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: 1. PATRAYYA @ BABU PADADAYYA HIREMATH, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: AT/POST NAGARMUNNOLLI, TQ: CHIKODI, DIST: BELAGAVI. 2. THE SECRETARY/ MANAGER, SHRI MAHALAXMI MAHILA MULTI - PURPOSE CO-OPERATIVE SOCIETY LTD., NAGARMUNNOLLI, AT POST NAGARMUNNOLI, TQ: CHIKKODI, DIST: BELAGAVI. …RESPONDENTS (BY SRI P.V.GUNJAL, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE FIRST RESPONDENT IN EP 226/2012 ON THE FILE OF DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, VIDE ANNEXURE-F. A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE ORDER DATED 17.07.2013 IN EP NO.226/2012 PASSED BY DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BELAGAVI, VIDE ANNEXURE-F AND ETC., THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - NC: 2025:KHC-D:213 WP Nos. 100707/2014, C/W 100085/2014, 100086/2014, 100087/2014, 100088/2014, 100705/2014, 100706/2014 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner in all these cases is common, the complainants differ and the execution petitions which are under challenge also differs. 2. Heard Sri Srinivas B. Naik, learned counsel for petitioner and Sri Shivaraj Ballolli, learned counsel for respondent No.1. 3. The fulcrum of the lis is, on 28.04.2005 the petitioner comes to be appointed as liquidator for Shree Mahalaxmi Mahila Multipurpose Cooperative Society under the provisions of the Karnataka Cooperative Societies Act. On 29.04.2005 the petitioner assumes charge of the liquidator to liquidate the assets of the aforesaid bank. 6 months thereafter the petitioner retires from service and as a consequence, retires from the responsibility of liquidating the assets of the Cooperative Bank. - 9 - NC: 2025:KHC-D:213 WP Nos. 100707/2014, C/W 100085/2014, 100086/2014, 100087/2014, 100088/2014, 100705/2014, 100706/2014 4. 4 years thereafter the respondents file a complaint before the District Consumer Redressal Commission invoking Section 12 of the Consumer Protection Act against the petitioner as well notwithstanding the fact that the petitioner had already retired from the service and given up the responsibility of liquidating the assets of the Cooperative Bank supra. Though the complaint was preferred on the office of the Deputy Registrar of Cooperative Societies, the petitioner who had 5 years before the registration of the complaint retired from service is dragged into these proceedings notwithstanding the fact that who ought to have been preceded against the incumbent was holding the post of the Administrator or the Liquidator of the Cooperative Bank supra. 5. Notwithstanding the aforesaid cirumstance, the concerned Court initiates proceedings, issues warrants against the petitioner in an Execution Petition filed by the complainant in E.P. No.224/2012 or different execution - 10 - NC: 2025:KHC-D:213 WP Nos. 100707/2014, C/W 100085/2014, 100086/2014, 100087/2014, 100088/2014, 100705/2014, 100706/2014 petitions as the case would be. The warrants being issued against this petitioner who appears to have been woken up from a peaceful retired life, as he is knocking at the doors of this Court in the subject petition. 6. Learned counsel for the petitioner Sri Srinivas B. Naik would vehemently contend that the petitioner who had ceased to hold office with effect from 20.10.2005 is not aware of what has happened after his retirement but he is dragged in the complaint and warrants are issued and produced before the Court. All these are acts contrary to law and in abuse of the process of the law. 7. Learned counsel Sri Srinivas B Naik would submit that in the Execution Petitions it is only by name and name of the petitioner was mentioned in the Execution Petition. Be that as it is. 8. The proceedings initiated against the petitioner on the face of it is an abuse of the process of the law as the petitioner who was entrusted with the job of - 11 - NC: 2025:KHC-D:213 WP Nos. 100707/2014, C/W 100085/2014, 100086/2014, 100087/2014, 100088/2014, 100705/2014, 100706/2014 liquidating the assets of the Cooperative Society had ceased to perform the duties of liquidator on his retirement on 20.10.2005. The complaint itself comes about after 5 years, and notice or warrants are issued 8 years after the petitioner’s retirement from the service. All of which comes to the petitioner as a bolt from the blue as he was not aware of any proceeding pending by virtue of his retirement. In that light, the petitioner cannot be hauled into these proceedings by any stretch of imagination. Therefore, the petition deserves to succeed on this short ground that the petitioner, who was in no way responsible, after his retirement, cannot be made responsible, by the acts of the complainant seeking to execute certain orders before the Commission. 9. In that light, these petitions deserve to succeed and the proceedings obliterate. 10. For the aforesaid reasons the following : - 12 - NC: 2025:KHC-D:213 WP Nos. 100707/2014, C/W 100085/2014, 100086/2014, 100087/2014, 100088/2014, 100705/2014, 100706/2014 ORDER (i) Writ petitions are allowed. (ii) The proceedings initiated by the first respondent in E.P.Nos.228/2012, 224/2012, 223/2012, 229/2012, 225/2012, 227/2012 and 226/2012 on the file of District Consumer Dispute Redressal Forum, Belagavi, are quashed qua the petitioner. (iii) The quashment of these proceedings will not however preclude or come in the way of the complainant to initiate proceedings in accordance with law. (iv) It is made clear that proceedings against any other person instituted by the complainant are not quashed. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 67