- 1 - HC-KAR NC: 2025:KHC:29799 WP No. 14807 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 14807 OF 2023 (CS-RES) BETWEEN: SRI. G. SURESH S/O B. GOVINDSWAMI AGED ABOUT 47 YEARS R/AT NO.9/13, 1ST A MAIN VIVEKANANDANAGAR, BSK III STAGE BANGALORE-560085 …PETITIONER (BY SRI. VEDACHALA M.V., ADVOCATE) AND: 1. KARNATAKA LEGISLATURE EMPLOYEES HOUSING CO-OP. SOCIETY LTD., HAVING ITS OFFICE AT NO.115 SHASAKARA BHAVAN-1, BENGALURU-560001 REP BY ITS PRESIDENT SRI. A. ANANTHA AGED ABOUT 55 YEARS 2. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560001 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD, VASANT NAGAR, BANGALORE-560052 …RESPONDENTS Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29799 WP No. 14807 of 2023 (BY SRI. VENUGOPAL M.S., ADVOCATE FOR RESPONDENT NO.1; SRI. S.R.KHAMROZ KHAN, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ORDER VIDE LETTER NO. 111/KLSEHCS/2020-21 DATED 10.02.2021 AT ANNEXURE-H ISSUED BY THE 1ST RESPONDENT SOCIETY AND ETC. THIS PETITION, COMING ON FOR REPRTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of certiorari to set aside an order bearing No.PÀ«ªÀÄAPÁ £ËUÀȤ¸À¸ÀA/111/2020-21 dated 10.02.2021 issued by the respondent No.1 cancelling the allotment of a site to the petitioner. The petitioner has also sought for a writ in the nature of mandamus to direct the respondent No.1 to register a conveyance conveying the plot allotted to him in the layout formed at Agrahara and Gasti Kempanahalli by the respondent No.1 as per the allotment letter dated 08.11.2016. - 3 - HC-KAR NC: 2025:KHC:29799 WP No. 14807 of 2023 2. It appears that the petitioner is a member of the respondent No.1, a Co-operative Society registered under the provisions of the Karnataka Co-operative Societies Act, 1959 (for short, ‘the Act, 1959’). The respondent No.1 had formed a layout at Agrahara and Gastikempanahalli and had invited applications from members and Associate members for allotment of sites. Accordingly, the petitioner had applied for allotment of a site measuring 30 feet x 40 feet and had paid a sum of Rs.15,24,600/-. The respondent No.1 after acknowledging the payment, issued a letter of allotment dated 08.11.2016 allotting a site bearing No.28 situate at 3rd stage Agrahara and Gastikempanahalli, and measuring 1100 sq. ft. The petitioner claims that the respondent No.1 had arbitrarily demanded additional sums of money and had threatened that if the additional sums are not paid, the petitioner may not get the property registered in his name. The respondent No.1 issued a final notice dated 23.06.2020 stating that site No.28 at Gastikempanahalli was allotted to him on 08.11.2016 and that three and half years had elapsed and the petitioner did not get the site registered in his name. Hence, he was granted fifteen days time to get the property registered in his name. The - 4 - HC-KAR NC: 2025:KHC:29799 WP No. 14807 of 2023 petitioner thereafter submitted a representation dated 03.07.2020 with the respondent No.1. Later, the respondent No.1 issued a final notice dated 12/18.11.2020 stating that four years had already elapsed and the petitioner did not get the site registered in his name. As a last chance, he was granted seven days time to pay any remaining amount and to get the property registered in his name. The petitioner submitted a representation dated 21/22.11.2020 to the respondent No.1 stating that due to some problems, he could not get registered the site No.28 at 3rd stage, Agrahara and Gastikempanahalli which was allotted to him by the respondent No.1 and therefore, sought additional time to pay the registration fee and to get the sale deed registered in his favour. The petitioner claims that the respondent No.1 has proceeded to cancel the allotment and therefore, the petitioner is before this Court challenging the order cancelling the allotment of the site and has sought for a direction to the respondent No.1 to conclude the conveyance of the site No.28 situate at 3rd Stage, Agrahara and Gastikempanahalli, by executing a deed of absolute sale. 3. The respondent No.1 has filed a statement of objections inter alia admitting that the petitioner had paid a - 5 - HC-KAR NC: 2025:KHC:29799 WP No. 14807 of 2023 sum of Rs.15,24,600/- towards allotment of a site and that a site was allotted to the petitioner at the layout formed in Agrahara and Gastikempanahalli. It is stated that respondent No.1 has never demanded any additional amount and though sufficient time was granted, the petitioner did not come forward to get the sale deed registered in his name by paying stamp duty and other statutory charges. It is also contended that the said site is already allotted to another member and therefore, no indulgence can be shown to the petitioner. However, it is claimed that the respondent No.1 is willing to allot a site to the petitioner in any other layout formed by the respondent No.1. 4. The reliefs sought for in the writ petition cannot be granted as the respondent No.1 is neither a State nor an instrumentality of the State or other authority and therefore, the impugned order dated 10.02.2021 passed by the respondent No.1 cancelling the allotment of the site granted in favour of the petitioner cannot be assailed. This Court also cannot issue any direction to the respondent No.1 to register a conveyance conveying the property i.e., plot No.28 situate at 3rd Stage, Agrahara and Gastikempanahali to the petitioner. - 6 - HC-KAR NC: 2025:KHC:29799 WP No. 14807 of 2023 5. The appropriate remedy available to the petitioner is to approach the concerned Authority by challenging the order passed by the respondent No.1 cancelling allotment of the site to him. Nonetheless, since the respondent No.3 is arrayed as a party in this writ petition, it is appropriate to direct the respondent No.3 to look into the issue regarding allotment of the site to the petitioner by the respondent No.1 and the consequent cancellation of such allotment by the respondent No.1 and pass appropriate orders. The respondent No.3 may summon all records necessary from the office of the respondent No.1 for ascertainment whether the site allotted to the petitioner was rightly cancelled or not and whether site No.28 at 3rd Stage, Agrahara and Gastikempanahalli, allotted to the petitioner was allotted to somebody else and also whether there are any alternate sites available in 3rd Stage, Agrahara and Gastikempanahalli for allotment to the petitioner. If site No.28 is not allotted or the records of such allotment is fabricated to deny the benefit to the petitioner, the respondent No.3 may pass appropriate orders. This exercise shall be conducted and concluded by the respondent No.3 within a - 7 - HC-KAR NC: 2025:KHC:29799 WP No. 14807 of 2023 period of six months from the date of receipt of a certified copy of this order. The writ petition stands disposed off on the above terms. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 19