SMT. SARASWATHAMMA v. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY CHIKKABALLAPURA
WP/18909/2025 · 2025-10-27
M G Uma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49308 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49308 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42469 WP No. 18909 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 18909 OF 2025 (CS-RES) BETWEEN:
SMT. SARASWATHAMMA, W/O LATE MUNIRAJU, AGED ABOUT 50 YEARS, YERLAKKENAHALLI VILLAGE, BEECHAGANAHALLI POST, GUDIBANDE TALUK, CHIKKABALLAPURA DISTRICT - 561 209 …PETITIONER (BY SRI. DEVIPRASAD SHETTY, ADVOCATE) AND:
1.
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY CHIKKABALLAPURA, CHIKKABALLAPURA DISTRICT - 562 101
2.
THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., GUDIBANDE TALUK, CHIKKABALLAPURA DISTRICT - 561 209, REPRESENTED BY ITS CEO. (REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959)
3.
THE RETURNING OFFICER, DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, CHIKKABALLAPURA - 561 209
4. MANJUNATH S/O NANJAPPA AGED ABOUT 45 YEARS YERALAKKENAHALLI VILLAGE SOMENAHALLI HOBLI, GUDIBANDE TALUK,
Digitally signed by PRASHANTH N V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:42469 WP No. 18909 of 2025
CHIKKABALLAPURA DISTRICT - 561209
5. PRABHAVATHI, W/O NARAYA SWAMY, AGED ABOUT 45 YEARS BALENAHALLI VILLAGE SOMENAHALLI HOBLI, CHIKKABALLAPURA - 561 209 …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 AND 3 SRI. R.A. CHANDRASHEKARA REDDY, ADVOCATE FOR R5 R2 & R4 - SD)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER PASSED BY THE RESPONDENT NO 1 DATED 26/06/2025 IN DISPUTE NO DRC/CR-03/2024-25 PRODUCED AS ANNEXURE D. AND B) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING NOTICE ISSUED BY THE RESPONDENT NO 3 DATED 27/06/2027 IN NO.SA.A.A.BHA.PALLI.C.R/CHUNE/2025-26 PRODUCED AT ANNEXURE G 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
Learned counsel for the petitioner seeks for the following reliefs:
"Wherefore, the petitioners humbly pray that this Hon'ble Court may be pleased to:- a) Issue a writ in the nature of certiorari quashing the
order passed by the respondent No.1 dated 26.06.2025 in dispute No.DRC/CR-03/2024-25 produced as Annexure-D.
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HC-KAR NC: 2025:KHC:42469 WP No. 18909 of 2025
b) Issue a writ in the nature of certiorari quashing notice issued by the respondent No.3 dated 27.06.2025 in No.SA.A.A.BHA.PALLI.C.R/CHUNE/2025-26 produced at Annexure-G. c) Grant such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice."
2.
Learned counsel for respondent No.5 submits that since the petitioner indeed being deprived of an opportunity of cross-examining the Chief-executive Officer, has no objection if the matter is remanded back to respondent No.1- Deputy Registrar of Cooperative Society, Chikkaballapura by affording reasonable opportunity to the petitioner and to conclude the proceedings.
3.
Learned counsel for respondent No.5 submits that in a similar case, the Co-ordinate Bench of this Court in Sri. GR Srinivasa v/s The Deputy Registrar of Co- operative Societies, Chikkaballapura District1 passed an
order. On similar terms, the petition may be disposed of.
4. The submissions are placed on record.
1 WP 16945 of 2025 DD 03.07.2025
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HC-KAR NC: 2025:KHC:42469 WP No. 18909 of 2025
5. In view of the above, I proceed to pass the following.
ORDER
i) The writ petition is allowed.
ii) The order dated 26.06.2025 passed in dispute No.DRC/CR-03/2024-25 by respondent No.1 vide Annexure-D is hereby quashed; iii) The matter is remitted back to respondent No.1 - Deputy Registrar of Cooperative Society, Chikkaballapura for fresh consideration by taking into consideration the objections filed by the petitioner and conduct the proceedings in accordance with law.
iv) However, the proceedings before respondent No.1 shall be concluded in a time bound manner atleast within three months from today. v) Both the parties are directed to appear before respondent No.1 - Deputy Registrar of Cooperative Society,
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HC-KAR NC: 2025:KHC:42469 WP No. 18909 of 2025
Chikkaballapura on 03.11.2025, without awaiting for further notice.
Sd/- (M G UMA) JUDGE
PNV CT:VS List No.: 1 Sl No.: 6