Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 67341 (KAR)

PERESANDRA VYAVASAYA SEVA SAHAKARA SANGHA NIYAMITHA v. THE STATE OF KARNATAKA

RP/266/2025 · 2025-11-14

C M Joshi

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46574 RP No. 266 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REVIEW PETITION NO.266 OF 2025 BETWEEN: 1. PERESANDRA VYAVASAYA SEVA SAHAKARA SANGHA NIYAMITHA, PERESANDRA VILLAGE, MANDIKALLU HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT-562104, REP. BY ITS CHIEF EXECUTIVE OFFICER, MUMIRAJU A.V. 2. SRI. KESHAVA REDDY S/O. CHIKKANARAYANA REDDY, AGED ABOUT 80 YEARS, DIRECTOR OF PERESANDRA VYAVASAYA SEVA SAHAKARA SANGHA NIYAMITHA, AND ALSO DELEGATE FOR KOLORA- CHIKKABALLAPURA DISTRICT CENTRAL CO-OP BANK LTD., PERESANDRA VILLAGE, MANDIKALLU HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT-562104. …PETITIONERS (BY SRI. DR. RAVISHANKAR, SR. COUNSEL FOR SRI. ANAND P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001, REPTED BY ITS PRINCIPAL SECRETARY. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.18 10:35:25 +0530 - 2 - HC-KAR NC: 2025:KHC:46574 RP No. 266 of 2025 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHI NAGAR, T T M C A BLOCK, SHANTHI NAGAR, BENGALURU-560027, REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY COMMISSIONER DISTRICT ELECTION OFFICER KOLARA DISTRICT, KOLARA-563101. 4. THE RETURNING OFFICER KOLARA CHIKKABALLAPURA DISTRICT CENTRAL CO-OP BANK LTD AND ASSISTANT COMMISSIONER, KOLARA SUB DIVISION, KOLARA-563101. 5. KOLARA CHIKKABALLAPURA DISTRICT CENTRAL CO-OP BANK LTD., POST BOX NO.11, DCC BANK ROAD, KOLARA-563101, REPRESENTED BY ITS MANAGING DIRECTOR/CEO. (REGISTERED UNDER KCS ACT, 1959) …RESPONDENTS (BY SRI. B.J. KOLLER, AGA FOR R1, R3 AND R4; SRI. A. DEVARAJ, ADVOCATE FOR R2; SRI. KALLESHAPPA K., ADVOCATE FOR R5) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W. SECTION 114 OF CPC, 1908, PRAYING TO REVIEW THE ORDER DATED 22.05.2025 PASSED IN WRIT PETITION NO.14692/2025 BY SETTING ASIDE THE SAME AND RESTORE THE WRIT PETITION ON THE BOARD TO HEAR AND DISPOSE OF THE SAME ON ITS MERIT AND PASS ANY APPROPRIATE ORDER/DIRECTIONS OF THIS HON’BLE COURT DEEMS FIT AND PROPER TO THE FACTS AND CIRCUMSTANCES OF THE CASE, TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI - 3 - HC-KAR NC: 2025:KHC:46574 RP No. 266 of 2025 ORAL ORDER 1. The order of this Court dated 30.08.2025, which notes the submission of the learned counsel for the review petitioners, reads as follows: ”Sri.D.R.Ravishankar, learned Senior Counsel appearing on behalf of the petitioners submits that this case was considered by the Vacation Bench along with other similar matters and came to be disposed of on 22.05.2025. It is submitted that the facts as mentioned in paragraph No.3 of the order is not applicable to the case on hand. It is submitted that the allegations against the petitioners was only in respect of default to pay the loan amount which was obtained by them from 5th respondent/Co-operative Bank. Therefore, it is submitted that in the operative portion of the order, directions at Sl.Nos.3, 4 and 5 are redundant and they have to be deleted. He further submits that the question whether the petitioners were the defaulters or not is to be decided either by this Court or by Returning Officer himself. In that view of the matter, it is necessary to issue notice to the respondents. Hence, issue notice to the respondents. Learned counsel for the petitioners is at liberty to serve the copy of the notice by hand on the counsels who were appearing in WP.No.14692/2025. List the matter after service of notice.” - 4 - HC-KAR NC: 2025:KHC:46574 RP No. 266 of 2025 2. After hearing the learned counsel appearing on behalf of the respondents, it is found that the order dated 22.05.2025 was passed by the Vacation Bench and apparently it pertain to the facts of a connected matter where such a contention was raised. 3. It is the case of the review petitioners that they were disqualified on the ground that they had not repaid the loan obtained from the respondent-Co-operative bank. Therefore, the matter requires fresh consideration, as the set of facts considered earlier was different. 4. Learned counsel appearing for the impleading applicant submits that his application may be allowed. At this stage, this Court does not find that he has any locus standi in the present review petition, as he was not a party to the writ petition. As such the I.A for impleading is rejected 5. In view of the above, the order of this Court in WP No.14993 of 2025 dated 22.05.2025 is hereby recalled, and the writ petition is restored to the file. 6. The matter may be placed before the appropriate roster Bench for consideration. - 5 - HC-KAR NC: 2025:KHC:46574 RP No. 266 of 2025 7. It is clarified that only the directions Nos.1 and 2 passed in the order dated 22.05.2025 shall remain applicable until the writ petition is finally decided. 8. The impleading applicant is at liberty to file an appropriate application in the writ petition. SD/- (C M JOSHI) JUDGE AC CT:PA LIST NO.: 19 SL NO.: 1