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2025 DAILYLAW 70501 (KAR)

THE SAMARTHAKA SOUHARDA SAHAKARI SANGHA NIYAMITA v. THE STATE OF KARNATAKA

WP/32410/2025 · 2025-11-05

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44637 WP No. 32410 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 32410 OF 2025 (CS-RES) BETWEEN: THE SAMARTHAKA SOUHARDA SAHAKARI SANGHA NIYAMITA, REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTERATION ACT, 1960 REG.NO.376/2024-25 REPRESENTED BY IT'S PRESIDENT SRI. MAHADEVA S/O. LATE JAVARE GOWDA OFFICE AT 1ST FLOOR OF THE PREMISES OF ADVOCATE ASSOCIATION OF NAGAMANGALA, TB EXTENSION, NAGAMANGALA, MANDYA DISTRICT - 571 432. …PETITIONER (BY SRI. VIVEK SUBBA REDDY, SR. ADVOCATE FOR SRI. R. CHANDRA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY IT'S PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. AMBEDKARVEEDI, BANGALORE - 560001 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, PANDAVAPURA SUB DIVISION, PANDAVAPURA, MANDYA DISTRICT- 571434 …RESPONDENTS (BY SRI. YOGESH .D. NAIK, AGA FOR R1 & 2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.10.2025 ONE PASSED BY THE R2 WHICH IS FOUND AT ANNEX-A ITS BEARING NO. AR-40/RSR/49/2025-26. AND ETC., Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44637 WP No. 32410 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioner is before this Court seeking issuance of writ in the nature of Certiorari to quash the order dated 18.10.2025 passed by respondent No.3 produced as per Annexure-A. 2. Heard Sri. Vivek Subba Reddy, learned Senior advocate for Sri. R Chandra Kumar, learned counsel for the petitioner and Sri. Yogesh D Naik, learned Additional Government Advocate for respondent Nos.1 and 2. Perused the materials on record. 3. It is the contention of learned counsel for the petitioner that Annexure-M - notice dated 06.10.2025 was served on the petitioner - Society on 14.10.2025. But Annexure-A came to be passed on 18.10.2025 without affording sufficient opportunity to the petitioner - Society to reply. - 3 - HC-KAR NC: 2025:KHC:44637 WP No. 32410 of 2025 4. I find considerable force in the contentions taken by the petitioner that there was extreme hurry in passing the order as per Annexure-A without affording reasonable opportunity to the petitioner to reply to the same. 5. Learned Additional Government Advocate submits that he has no objection to treat Annexure-A as show cause notice issued to the petitioner - Society and permitting the Society to reply to the same, upon which, respondent No.2 will take necessary decision in accordance with law. 6. Submission is placed on record. 7. In view of the above, I proceed to pass the following: ORDER i) The petition stands disposed off. ii) Annexure-A - the order dated 18.10.2025 passed by respondent No.2 shall be treated as a show cause notice issued to the petitioner; - 4 - HC-KAR NC: 2025:KHC:44637 WP No. 32410 of 2025 iii) The petitioner - Society will be at liberty to reply to the same within ten days from today; iv) Upon receipt of the reply, respondent No.2 shall pass necessary orders in accordance with law within a reasonable time. Sd/- (M G UMA) JUDGE PNV List No.: 3 Sl No.: 7