- 1 - HC-KAR NC: 2025:KHC:40380 WP No. 19307 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 19307 OF 2025 (CS-RES) BETWEEN: KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSING COOPERATIVE SOCIETY LTD. REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT 1959, NO. 7/2, SURYA CHAMBERS, 1ST MAIN ROAD, SESHADRIPURAM, BANGALORE - 560 020. BY ITS SECRETARY. SRI. SUDHAKAR K.A. …PETITIONER (BY SRI. G. KRISHNAMURTHY, SR. ADVOCATE, A/W SRI. KAUSHIK .S. KAREGOUDAR FOR SRI. KEMPE GOWDA, ADVOCATE) AND: 1. HARISH KUMAR S/O NARASHIMURTHY, AGED 51 YEARS, SENIOR ASSISTANT HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD, BANGALORE - 01 3. ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETIES ALI ASKER ROAD, BANGALORE - 01. …RESPONDENTS (BY SRI. DEVI PRASAD SHETTY, ADVOCATE FOR C/R1 SRI. YOGESH D. NAIK, AGA FOR R2 & R3) Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40380 WP No. 19307 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17.05.2025 (ANNEXURE -T) PASSED ON INTERIM APPLICATION -3 IN DISPUTE NO. ANI (V AND E) D2/NMD/08/2013- 14 PASSED BY THE R3 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioner has approached this Court seeking issuance of writ in the nature of Certiorari, to quash the order dated 17.05.2025 passed by respondent No.3 allowing the Application No.3 produced as per Annexure-T. 2. Facts of the case in brief are that, respondent No.1 being the member of petitioner society has applied for allotment of site measuring 40x60 feet in the layout that is formed at Talaghattapura. A dispute has been raised for not allotting the site at Talaghattapura. Subsequently, it has been informed by the petitioner-society that no sites are available for allotment at Talaghattapura, as all these sites in the layout are already allotted and registered in the names of various - 3 - HC-KAR NC: 2025:KHC:40380 WP No. 19307 of 2025 members. The petitioner came forward to allot the site in their next project i.e. in the layout forming at Hejjala. 3. The petitioner along with another member appears to have moved the contempt jurisdiction of this Court. It is stated that the petitioner has issued a Site Allotment Letter dated 13.10.2020 allotting site No.1/4 measuring 40x60 feet in favour of respondent No.1. However, respondent No.1 raised a dispute under Section 70 of the Karnataka Cooperative Societies Act (hereinafter referred to as 'the KCS Act', for short), before respondent No.3 and filed the application calling for various documents from the petitioner. The said application was allowed as per order dated 17.05.2025 produced as per Annexure-T. The petitioner is impugning the said order. 4. Heard Sri G.Krishnamurthy, learned Senior Advocate along with Sri. Kaushik S. Karegoudar for Sri. Kempegowda, learned counsel for petitioner, Sri. Devi Prasad Shetty, the learned counsel for Caveat / respondent No.1 and Sri. Yogesh D. Naik, learned Additional Government Advocate for respondents No.2 and 3. Perused the materials on record. - 4 - HC-KAR NC: 2025:KHC:40380 WP No. 19307 of 2025 5. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioner has made out any grounds to allow the petition?" My answer to the above point is in the 'Affirmative' for the following: REASON 6. It is the contention of respondent No.1 that he is the member of the petitioner-society and had sought for allotment of the site. Learned Senior Advocate for the petitioner has drawn the attention of the Court to the application submitted by respondent No.1 before respondent No.3, wherein, he has specifically stated that the petitioner is required to allot a site in his favour which is either situated at Talaghattapura layout or at Hejjala layout. Under such circumstances, the petitioner is contending that the Site Allotment Letter dated 13.10.2020 is not an issue and the said offer is not rejected and therefore, respondent No.1 cannot maintain the dispute before respondent No.3 nor he could have filed the application - 5 - HC-KAR NC: 2025:KHC:40380 WP No. 19307 of 2025 summoning all the documents which are unnecessary to dispose of the lis. 7. On a specific query put to learned counsel for respondent No.1 as to whether respondent No.1 has accepted or rejected the Site Allotment Letter dated 13.10.2020 produced as per Annexure-L, the answer is in the negative. 8. Learned counsel for respondent No.1 submits that Annexure-L was produced in the proceeding before this Court and therefore he has neither accepted nor rejected the said offer. The fact remains that, the proceedings that was pending before this Court where Annexure-L-the Site Allotment Letter dated 13.10.2020 was produced, where respondent No.1 was neither a petitioner nor has initiated the contempt proceedings against the petitioner. 9. Learned Senior Advocate for the petitioner, on instructions, submits that, the site referred to in Annexure L is still available as the same is already allotted to respondent No.1. That being the case, unless respondent No.1 either accepts or rejects the Site Allotment dated 13.10.2020, he could not have filed the application before respondent No.3 - 6 - HC-KAR NC: 2025:KHC:40380 WP No. 19307 of 2025 seeking production of several documents. The order impugned passed by respondent No.3 do not refer to any of these facts. Under such circumstances, the impugned order is liable to be quashed. Accordingly, I proceed to pass the following: ORDER (i) Writ petition is allowed. (ii) The order dated 17.05.2025 (Annexure-T) passed on interim Application No.3 in Dispute No.Ani (V&E) D2/NMD/08/2013-14 by respondent No.3, is hereby quashed. Sd/- (M G UMA) JUDGE MKM CT:VS