- 1 - HC-KAR NC: 2025:KHC:44182 WP No. 8754 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 8754 OF 2020 (CS-RES) BETWEEN: PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD. KENGALAHALLI VILLAGE, KENGALAHALLI HONNALI TALUK DAVANAGERE DISTRICT - 577 217 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER …PETITIONER (BY SRI: M R RAJAGOPAL, SR. ADVOCATE FOR SRI: P ANAND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S.BUILDING DR B R AMBEDKAR VEEDHI BENGALURU - 01 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES DAVANAGERE SUB-DIVISION DAVANAGERE DISTRICT - 577 002. 3. THE SALE OFFICER AND ENQUIRY OFFICER UNDER SECTION 64 OF THE ACT ATTACHED TO THE OFFICE THE ASSISTANT REGISTRAR OF CO-OP SOCIETIES DAVANAGERE SUB-DIVISION DAVANAGERE DISTRICT - 577 002. …RESPONDENTS (BY SRI: S R KHAMROZ KHAN, AGA FOR R1-3) Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44182 WP No. 8754 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.03.2020 PASSED BY RESPONDENT NO.2 VIDE ANNEXURE- G AND GRANT AN INTERIM ORDER TO STAY THE OPERATION EXECUTION AND ALL FURTHER PROCEEDINGS ARISING OUT OF THE ORDER DATED 14.03.2020 PASSED BY RESPONDENT NO.2 VIDE ANNEXURE-G. AND ETC., THIS WRIT PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioner - Primary Agriculture Credit Co-operative Society Ltd., has approached this Court seeking issuance of writ in the nature of certiorari to quash the order dated 14.03.2020 passed by respondent No.2 appointing the Enquiry Officer, produced as per Annexure-G. 2. Heard Sri M R Rajagopal, learned senior advocate for Sri P Anand, learned counsel for the petitioner and Sri S R Khamroz Khan, learned Additional Government Advocate for respondent Nos.1 to 3. Perused the materials on record. 3. The main ground on which learned senior advocate for the petitioner seeks allowing of the petition is that, the - 3 - HC-KAR NC: 2025:KHC:44182 WP No. 8754 of 2020 appointment of Enquiry Officer as per Annexure-G was mainly on the basis of recommendation made by the Political Secretary, Office of the Hon'ble Chief Minister, Government of Karnataka, which is not as required under law. There is non application of mind by the Assistant Registrar of Co-operative Societies and hence, the petition is to be allowed. 4. Learned senior advocate places reliance on the decision of this Court in Sri R T Dyavegowda and Others Vs The State of Karnataka and Sri Nagaraja A C and Others Vs The State of Karnataka and Others1, in support of his contention. 5. Even though, the facts in the said case relied on by learned senior advocate slightly differs as there was no complaint to the Assistant Registrar of Co-operative Societies as required, the complaint was only to the Hon'ble Chief Minister which was forwarded to the Registrar with a specific direction to initiate enquiry and also there is a specific direction to appoint a particular Officer as Enquiry Officer, in the present case, the copy of the complaint was submitted to the Assistant 1 WP 15009/24 c/w 15028/24 DD 15.10.2025 - 4 - HC-KAR NC: 2025:KHC:44182 WP No. 8754 of 2020 Registrar of Co-operative Societies, Davangere District and Joint Registrar of Co-operative Societies, Davangere District, while forwarding it to the Hon'ble Chief Minister, Home Minister etc., There is also reference to the said complaint forwarded by the Political Secretary to the Chief Minister in Annexure-D dated 30.01.2020, which is also the basis for passing Annexure-G, which is under challenge. 6. 6. After hearing arguments of both the parties for sometime, this Court has suggested the petitioner to appear before respondent No.2 and participate in the enquiry. 7. Learned senior advocate for the petitioner would submit that if Annexure-A - complaint is considered by the Assistant Registrar of Co-operative Societies as required under law and permit the petitioner to file objection and thereupon, proceed to pass necessary orders either to drop the proceedings or to initiate action in accordance with law, he will not be having any objection. 8. Learned Additional Government Advocate submits that he has also no objection for the same. - 5 - HC-KAR NC: 2025:KHC:44182 WP No. 8754 of 2020 9. Under such circumstances, I proceed to pass the following: ORDER (i) Writ Petition is allowed. (ii) The order dated 14.03.2020 passed by respondent No.2 vide Annexure-G, is hereby quashed. (iii) Petitioner is at liberty to file statement of objections before respondent No.2 by appearing before him on 26.11.2025, without waiting for fresh notice. Upon receipt of the objection by the petitioner, respondent No.2 shall consider the complaint and the statement of objections independently. (v) Respondent No.2 - Assistant Registrar of Co- operative Societies shall treat Annexure-A as the complaint submitted to him and proceed in accordance with law as provided under Section 64 of Karnataka Co-operative Societies Act. (vi) It is made clear that the Registrar while proceeding Section 64 of Karnataka Co-operative Societies Act shall take - 6 - HC-KAR NC: 2025:KHC:44182 WP No. 8754 of 2020 into consideration filing of the present writ petition, pendency of the same and the interim order passed therein. Sd/- (M G UMA) JUDGE *bgn/- CT:VS List No.: 2 Sl No.: 37