Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31394 WP No. 1404 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1404 OF 2025 (GM-KSR)
BETWEEN:
KARNATAKA GOLF ASSOCIATION BEING A SOCIETY REGISTERED UNDER THE MYOSRE SOCIEITEIS REGISTRATION ACT HAVING ITS OFFICE AT NO.1, GOLF AVENUE KODIHALLI OFF HAL AIRPORT ROAD PB NO. 817 BANGALORE 560 008 REPRESENTED BY ITS PRESIDENT DR. SUBROTO CARIAPPA.
…PETITIONER (BY SMT. NAYANA TARA B.G..,ADVOCATE) AND:
1.
STATE OF KARNATAKA DEPARTMENT OF CO OPERATION REPRESENTED BY UNDER SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE 560 001.
Digitally signed by VANAMALA N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:31394 WP No. 1404 of 2025
2.
THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES 2ND ZONE , BANGALORE URBAN DISTRICT, NO. 146 SAHAKARA SOUDHA, 2ND FLOOR 3RD MAIN ROAD, 8TH CROSS MARGOSA RAOD, MALLESHWARAM BANGALORE 560 003.
3.
CO OPERATIVE DEVELOPMETN OFFICER/ SECTION 25 ENQUIRY OFFICER OFFIVE OF THE DEPUTY REGISTRAR OF COPERATIVE SOCIETIES NO.146, SAHAKARA SOUDHA 2ND FLOOR, 3RD MAIN ROAD 8TH CROSS, MARGOSA ROAD MALLESHWARAM BANGALORE 560 003.
4.
MR. B R ANAND AGED ABOUT 54 YEARS S/O LATE B H RAMAIAH RESIDING AT FLAT NO. 12, KENSINGTON TOWERS KENSINGTON ROAD OPPOSITE HALASURU SWIMMING POOL BENGALURU 560 042.
5.
CDR. MV RAGHAVAN AGED ABOUT 75 YEARS S/O M VENKATESWARLU RESIDING AT NO. 303 NIDHI APARTMENTS NO.40, NETAJI ROAD BANGALORE 560 005.
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HC-KAR NC: 2025:KHC:31394 WP No. 1404 of 2025
6.
MR. ARJUN ANEKAR AGED ABOUT 50 YEARS S/O SRI DEVPAL ANEKAL RESIDING AT NO.203, III FLOOR SALEH ARCADE 18, LEONARD LANE RICHMOND TOWN BENGALURU 560 025.
…RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA FOR R1 TO R3;
SRI. ABHILASH RAJU, ADVOCATE FOR R6 SRI. M.D. RAGHUNATH, ADVOCATE FOR R4;
SRI. B.S. SATYANAND, ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARATION THAT THE PROCEEDINGS IN CASE NO.
42/2023-24 BASED ON COMPLAINT DATED 12.01.2024 BY R-5 AND 6 BEFORE R-2 IS WITHOUT JURISDICTION;
QUASH THE IMPUGNED ORDER DATED 06.01.2025 BEARING NUMBE DRB- 2/SAM.SANSTHE/DOORU/42/2023-24 PASSED BY R-2 AT ANNX-A; QUASH THE IMPUGNED NOTICE DATED 15.01.2025 BEARING NUMBER BKV.SEC(25) INQUIRY.02-2024-25 BY R-3 PRODUCED AT ANNX-B.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2025:KHC:31394 WP No. 1404 of 2025
ORAL ORDER
The petitioner, a Society registered under the Karnataka Societies Registration Act, 1960, is aggrieved by the decision to appoint an enquiry officer [Annexure-A] and the Notice issued by such enquiry officer [Annexure -B]. It is now stated in unison that the proceedings afore were initiated at the instance of respondent Nos.4 and 5, who have chosen to withdraw the very complaint and therefore the very enquiry is rendered infructuous. In the light of the afore, the following:
ORDER [A] The petition is allowed. [B] The
Order dated 06.01.2025 in No.DRB-2/ Sam.Sansthe/ Dooru/ 42/ 2023-24 passed by the respondent No.2 [Annexure - A] and the Notice dated 15.01.2025 in No. BKV: Sec(25) Inquiry: 02-2014-25 by
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HC-KAR NC: 2025:KHC:31394 WP No. 1404 of 2025
the respondent No.3 [Annexure - B] are hereby quashed.
Sd/- (B M SHYAM PRASAD) JUDGE NV