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2025 DAILYLAW 55849 (KAR)

PAVANKUMAR G M v. THE STATE OF KARNATAKA

WP/21410/2025 · 2025-09-26

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39082 WP No. 21410 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 21410 OF 2025 (CS-RES) BETWEEN: PAVANKUMAR G.M. S/O. MANJEGOWDA AGED ABOUT 38 YEARS, GEDDE HOSURU VILLAGE, AKKI HEBBALA HOBALI, K.R. PETE TALUK, MANDYA DISTRICT- 571401 …PETITIONER (BY SRI. SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, AMBEDKAR VEEDHI BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PANDAVAPURA SUB-DIVISION, K.R PETE TALUK, MANDYA DISTRICT-571401 3. GEDDE HOSURU MILK PRODUCER CO-OPERATIVE SOCIETY LTD., GEDDE HOSURU VILLAGE, AKKI HEBBALA HOBLI, K.R PETE TALUK, MANDYA DISTRICT-571401 REP BY ITS SPECIAL OFFICER THE SOCIETY REGISTERED UNDER THE KCS ACT, 1959 Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39082 WP No. 21410 of 2025 4. CO-OPERATIVE DEVELOPMENT OFFICER K.R. PETE TALUK MANDYA DISTRICT-571401 …RESPONDENTS (BY SRI. HARISHA A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.2 AND 4; SRI. SRINIVAS V., ADVOCATE FOR IMPLEADING APPLICANTS ON IA 2/2025; NOTICE SERVED ON RESPONDENT NO.3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 26.06.2025 IN ORDER BEARING NO.AR 40/ADALITHA/ITHARE-4/2025-26 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has called in question an order dated 26.06.2025 passed by the respondent No.2 bearing No.AR 40/Adalitha/Ithare-4/2025-26 and the consequent notice dated 07.07.2025 bearing No.SaAaAaKe/CR-1/2025-26 issued by the respondent No.4. 2. The respondent No.2 in terms of the 1st impugned order dated 26.06.2025 had permitted the Special Officer appointed for the respondent No.3 to break open the lock and take possession of movable and immovable properties, books - 3 - HC-KAR NC: 2025:KHC:39082 WP No. 21410 of 2025 of accounts, racks, almirah etc,. and by virtue of the 2nd impugned notice, the respondent No.4 had instructed the petitioner to handover the entire documents to the Special officer, failing which, the locks would be broke open. 3. When this petition was listed on 24.07.2025, this Court passed the following interim order: “1. Issue emergent notice to respondent No.3 returnable by 28.8.2025. 2. The operation and execution of order dated 26.6.2025 bearing No.AR 40/Adalitha/Ithare-4/2025-26 passed by the respondent No.2 at Annexure – J and notice dated 7.7.2025 in Bearing SaAaAaKe/CR-1/2025-26 issued by respondent No.4 at Annexure-K are stayed till the next date of hearing subject to the condition that the petitioner shall not take any financial decision in excess of Rs.10,000/-. 3. The petitioner shall cooperate with the administrator by making available such documents as may be called upon by the administrator for the functioning of the society. 4. Learned AGA is directed to inform the ARCS about the above order. The ARCS shall act on the intimation - 4 - HC-KAR NC: 2025:KHC:39082 WP No. 21410 of 2025 without waiting for certified copy of the above order. 5. Re-list on 28.8.2025.” 4. Thereafter when the matter was listed on 07.08.2025 this Court directed the learned counsel for the petitioner to furnish list of documents which is in his possession. Accordingly, on 22.08.2025, the learned counsel for the petitioner has filed a memo and enclosed therewith certain documents. On 04.09.2025, the learned counsel for the petitioner has furnished a bundle of documents to the Court for being handed over to the Special Officer. 5. The learned counsel for the petitioner was directed to make a detailed list/inventory of the documents and furnish it to the Court by the next date of hearing. However, the petitioner has not drawn up the list of documents and therefore, nothing survives for consideration in this writ petition, as the petitioner claims that he has delivered all the documents relating to the respondent No.3. 6. In view of the above, the impugned order passed by the respondent No.2 and the notice issued by the respondent No.4 is complied. The writ petition therefore deserves to be - 5 - HC-KAR NC: 2025:KHC:39082 WP No. 21410 of 2025 disposed off directing the Special Officer to collect back all the documents filed by the petitioner before this Court after preparing a list in the presence of the Registrar (Judicial) of this Court. 7. It is needless to mention that this would not be treated as if the petitioner has delivered up all necessary documents relating to the respondent No.3 and if need be, the Special Officer is entitled to call upon the petitioner to furnish any material documents which is supposed to be in his custody. 8. It is open for the Special officer to act in accordance with law after taking over all the documents. 9. In view of disposal of main appeal, pending interlocutory applications if any, do not survive for consideration and the same stand rejected. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 12