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2025 DAILYLAW 76288 (KAR)

HB BASAVARAJU v. THE STATE OF KARNATAKA

WP/31885/2025 · 2025-10-24

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42014 WP No. 31885 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 31885 OF 2025 (CS-RES) BETWEEN: 1. HB BASAVARAJU S/O LATE H J BOJEGOWDA AGED ABOUT 66 YEARS R/O 15 TH MAIN ROAD VIJAYANAGARA, MYSURU KARNATAKA – 570017 2. M NAGESHA S/O LATE MALLEGOWDA AGED ABOUT 67 YEARS R/O RAMPURA GRAMA SALIGRAMA HOBLI, KR NAGARA TALUK RAMPURA MYSURU KARNATAKA – 571604 3. S SHRIKANTASHARMA H S S/O H N VENKATASUBBAIAH, AGED ABOUT 65 YEARS R/O 4TH MAIN, 10 TH CROSS VIDYANARAYANA PURAM, MYSURU, KARNATAKA – 570008 4. MUTTANNA N BEEDNAL S/O NINGAPPABEEDNAL AGED ABOUT 56 YEARS R/O, KRISHNA TEMPLE ROAD, YARAGANA HALLI, MYSURU, KARNATAKA – 570011 5. CHANDRA PRAKASH M S/O MALLAIAH S N Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42014 WP No. 31885 of 2025 AGED ABOUT 66 YEARS R/O VIVEKANANDA BLOCK, TEACHERSLAYOUT, MYSURU KARNATAKA – 570029 6. NAGARAJA S J S/O LATE JAVAREGOWDA KEB BADAVANE AGED ABOUT 67 YEARS R/O KEB BADAVANE, KR NAGARA TALUKU, SALIGRAMA MYSURU, MYSURU KARNATAKA-571604 7. NOOR FATHIMA W/O ABDUL KHALID AGED ABOUT 63 YEARS R/O K E B COLONY UDAYAGIRI MYSURU, KARNATAKA – 570019 8. RIZWANA KOUSAR W/O MOHAMMED IQBAL AGED ABOUT 41 YEARS R/OEREKATTE STREET LASHKAR MOHALLA, MYSURU KARNATAKA – 570001 9. DEVARAJEGOWDA S/O LATE CHANNEGOWDA AGED ABOUT 71 YEARS R/O NARASIMHASWAMY BADAVANE ANNAPURNA HOTEL EDURU HUNSUR TOWN, MYSURU KARNATAKA – 571105 10. D.M MAHADEVASWAMY S/O MALLAPPA AGED ABOUT 51 YEARS R/O H D KOTE THALLUKUKANDALIKE HOBLI, BIDARAHALLIMYSURU, KARNATAKA - 571116 …PETITIONERS (BY SRI. DEVIPRASAD SHETTY.,ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:42014 WP No. 31885 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU -560 001. REPRESENTED BY ITS PRINCIPLE SECRETARY 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION, MYSURU KARNATAKA - 570004 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION, MYSURU KARNATAKA - 570004 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION, MYSURU KARNATAKA – 570004 5. THE MYSURU PRANTHIYA PRATHIMIKA SHALA SHIKSHAHAKARA GRAHANIRMANA SAHAKARA SANGHA NIYAMITHA DISTRICT TEACHERS BHAVANA, NEXT TO MYSURU DAIRY, BANNURROAD, MYSURU KARNATAKA - 570028 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT,1959) RESPONDENTS (BY SRI. SIDHARTH BABURAO, AGA FOR R1 TO R4: NOTICE TO R5 DISPENSED WITH VIDE COURT ORDER DATED 24.10.2025) THIS WP IS FILED PRAYING TO ISSUE A WRIT OF CERTIORARI,QUASHING THE IMPUGNED SHOW CAUSE NOTICE DATED 10/9/2025, ISSUED UNDER SECTION 29C(8)(B)(C) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 TO THE PETITIONER NO 1 VIDE NO JRM/DIS/29C/CR./17/2025-2026 BY THE RESPONDENT NO 2 PRODUCED AT ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 4 - HC-KAR NC: 2025:KHC:42014 WP No. 31885 of 2025 ORAL ORDER In this petition, the petitioners seek the following reliefs: “i) Issue a writ of certiorari, quashing the impugned show cause notice dated 10.09.2025, issued under Section 29C(8)(b)(c) of the Karnataka Co-operative Societies Act, 1959 to the petitioner No.1 vide No.JRM/DIS/29C/CR.17 /2025-2026 by the respondent No.2 is herewith produced at Annexure-E. ii) Issue a writ of certiorari, quashing the impugned show cause notice dated 10.09.2025, issued under Section 29C(8)(b)(c) of the Karnataka Co-operative Societies Act, 1959 to the petitioner No.2 vide No.JRM/DIS/29C/CR.18 /2025-2026 by the respondent No.2 is herewith produced at Annexure-E1. iii) Issue a writ of certiorari, quashing the impugned show cause notice dated 10.09.2025, issued under Section 29C(8)(b)(c) of the Karnataka Co-operative Societies Act, 1959 to the petitioner No.3 vide No.JRM/DIS/29C/CR.24 /2025-2026 by the respondent No.2 is herewith produced at Annexure-E2. iv) Issue a writ of certiorari, quashing the impugned show cause notice dated 10.09.2025, issued under Section 29C(8)(b)(c) of the Karnataka Co-operative Societies Act, 1959 to the petitioner No.4 vide No.JRM/DIS/29C/CR.21/ 2025-2026 by the respondent No.2 is herewith produced at Annexure-E3. - 5 - HC-KAR NC: 2025:KHC:42014 WP No. 31885 of 2025 v) Issue a writ of certiorari, quashing the impugned show cause notice dated 10.09.2025, issued under Section 29C(8)(b)(c) of the Karnataka Co-operative Societies Act, 1959 to the petitioner No.5 vide No.JRM/DIS/29C/CR.27 /2025-2026 by the respondent No.2 is herewith produced at Annexure-E4. vi) Issue a writ of certiorari, quashing the impugned show cause notice dated 10.09.2025, issued under Section 29C(8)(b)(c) of the Karnataka Co-operative Societies Act, 1959 to the petitioner No.6 vide No.JRM/DIS/29C/CR.25 /2025-2026 by the respondent No.2 is herewith produced at Annexure-E5. vii) Issue a writ of certiorari, quashing the impugned show cause notice dated 10.09.2025, issued under Section 29C(8)(b)(c) of the Karnataka Co-operative Societies Act, 1959 to the petitioner No.7 vide No.JRM/DIS/29C/CR.23 /2025-2026 by the respondent No.2 is herewith produced at Annexure-E6. viii) Issue a writ of certiorari, quashing the impugned show cause notice dated 10.09.2025, issued under Section 29C(8)(b)(c) of the Karnataka Co-operative Societies Act, 1959 to the petitioner No.8 vide No.JRM/DIS/29C/CR.29/ 2025-2026 by the respondent No.2 is herewith produced at Annexure-E7. ix) Issue a writ of certiorari, quashing the impugned show cause notice dated 10.09.2025, issued under Section 29C(8)(b)(c) of the Karnataka Co-operative Societies Act, - 6 - HC-KAR NC: 2025:KHC:42014 WP No. 31885 of 2025 1959 to the petitioner No.9 vide No.JRM/DIS/29C/CR.19/ 2025-2026 by the respondent No.2 is herewith produced at Annexure-E8. x) Issue a writ of certiorari, quashing the impugned show cause notice dated 10.09.2025, issued under Section 29C(8)(b)(c) of the Karnataka Co-operative Societies Act, 1959 to the petitioner No.10 vide No.JRM/DIS/29C/CR.26 /2025-2026 by the respondent No.2 is herewith produced at Annexure-E9. xi) Issue a writ of certiorari, quashing the impugned show cause notice dated 10.09.2025, issued under Section 29C(8)(b)(c) of the Karnataka Co-operative Societies Act, 1959 to the petitioner No.11 vide No.JRM/DIS/297/CR.28/ 2025-2026 by the respondent No.2 is herewith produced at Annexure-E10. xii) Issue a writ of mandamus directing the respondent to consider the reply submitted by the petitioner’s society as per the letter dated 30.07.2025 herewith produced as Annexure-D. A. As being arbitrary, premature, without jurisdiction and violative of the principles of natural justice. B. Issue such other direction or order writ as may deem fit to this Hon’ble Court may kindly be issued.” - 7 - HC-KAR NC: 2025:KHC:42014 WP No. 31885 of 2025 2. Heard learned counsel for the petitioners and learned AGA for respondent Nos.1 to 4 and perused the material on record. For the order purpose, notice to respondent No.5 is dispensed with. 3. A perusal of the material on record will indicate that pursuant to the order at Annexure-D dated 30.06.2025 passed by the second respondent under Section 68 of the Karnataka Co- operative Societies Act, 1959 (for short, ‘KCS Act’), directing the fifth respondent – Society to rectify the defects, and submit a compliance report, the fifth respondent – Society has submitted replies dated 19.07.2025. Subsequently, the second respondent has issued the impugned show cause notices to the petitioners, who were Directors of the fifth respondent – Society, aggrieved by which, the petitioners are before this Court by way of the present petition. 4. The petition is seriously opposed and contested by the learned AGA for respondent Nos. 1 to 4. 5. Though several contentions have been urged by both sides in support of their respective contentions, having regard to the undisputed fact that the petitioners have not submitted any reply to - 8 - HC-KAR NC: 2025:KHC:42014 WP No. 31885 of 2025 the impugned show cause notices at Annexure E series (colly) dated 10.09.2025, without expressing any opinion on the merits/demerits to the rival contentions, I deem it just and proper to dispose of this petition directing the petitioners to submit reply along with the documents to the impugned show cause notices within a period of four weeks from today. If the petitioners submit such replies along with documents, if any, to the impugned show cause notices, the respondent No.2 shall consider the said replies and documents as well as the reply submitted by the fifth respondent - Society dated 19.07.2025 to Section 68 of KCS Act, proceed further, provide sufficient and reasonable opportunity to the petitioner and pass appropriate orders/take appropriate decision, in accordance with law, bearing in mind, the provisions contained in Section 68 of the KCS Act. 6. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE CM List No.: 1 Sl No.: 16