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2025 DAILYLAW 83061 (KAR)

THE KARNATAKA GOVERNMENT CLASS-D EMPLOYEES HOUSING BUILDING CO-OPERATIVE SOCIETY LTD v. THE STATE OF KARNATAKA

WP/18296/2025 · 2025-07-10

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25326 WP No. 18296 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18296 OF 2025 (CS-RES) BETWEEN: THE KARNATAKA GOVERNMENT CLASS-D EMPLOYEES HOUSING BUILDING CO-OPERATIVE SOCIETY LTD., NO. 11/3, 2ND FLOOR, KURUBURA SANGHA BUILDING NEW BLOCK, KANAKADASA CIRCLE, 1ST MAIN ROAD, GANDHINAGAR, BENGALURU - 560 009, BY ITS CHIEF EXECUTIVE OFFICER SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. …PETITIONER (BY SRI. SARAVANA S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE REGION, NO. 146, 3RD FLOOR, SAHAKARA SOUDHA, 8TH CROSS, MARGOSA ROAD, MALLESWARAM BENGALURU - 560 003. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R2) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25326 WP No. 18296 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE PROCEEDINGS OF THE 2ND RESPONDENT JRB/GRUHA/DHOORU/11/2024-2025, DATED. 23.05.2024, AS PER ANNEXURE-B, AS UNSUSTAINABLE IN VIEW OF THE CLARIFICATION OF THE ORDERS PASSED IN W.P.NO.11911/2023, AS PER ANNEXURE-C AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: A) ISSUE A writ in the nature of certiorari to quash the proceedings of the 2nd respondent JRB/GRUHA/DHOORU/11/2024-2025, dated 23.05.2024, as per Annexure-B, as unsustainable in view of the clarification of the orders passed in WP No.11911/2023, as per Annexure-C; and B) Pass such other incidental or consequential relief as the circumstance of the case warrants in the ends of the justice. 2. The proceedings initiated by respondent No.2 at Annexure – B was in pursuance of the order dated 25.07.2023 in WP No.11911/2023. The said order was subsequently clarified by this Court on an application - 3 - HC-KAR NC: 2025:KHC:25326 WP No. 18296 of 2025 having filed by the petitioner on 25.02.2025. Though the proceedings initiated by respondent No.2 on 23.05.2024, is post the earlier order and before the clarificatory order, the facts still remains that a clarificatory order having been passed on 25.02.2025, the very basis for initiating the proceedings in terms of Annexure – B is not available. 3. In that view of the matter, there would be no purpose served by continuing with the proceedings initiated by respondent No.2 vide Annexure – B. As such, I pass the following: ORDER i. Writ Petition is allowed. ii. The certiorari is issued. iii. The proceedings initiated by respondent No.2 in JRB/GRUHA/DHOORU/11/2024-2025 dated 23.05.2024 at Annexure – B is hereby quashed. SD/- (SURAJ GOVINDARAJ) JUDGE KAV/List No.: 1 Sl No.: 58/CT: BHK