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2026 DAILYLAW 10400 (KAR)

M/S VYALIKAVAL HOUSE BUILDING v. THE STATE OF KARNATAKA

WP/18132/2023 · 2026-03-24

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16633 WP No. 18132 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.18132 OF 2023 (CS-RES) BETWEEN: 1. M/S VYALIKAVAL HOUSE BUILDING CO-OPEATIVE SOCIETY LTD. A CO-OPERATIVE SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 HAVING ITS REGISTERED OFFICE AT NO.151, 2ND FLOOR, 15TH CROSS, BETWEEN 8TH AND 9TH MAIN ROAD, MALLESWARAM BENGALURU - 560055 REPRESENTED BY ITS PRESIDENT SRI. K.V. ANANTHAPADMANABHA. …PETITIONER (BY SRI. KOUSHIK M., ADVOCATE FOR SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY CO-OPERATION DEPARTMENT M.S.BUILDING VIDHANA VEEDHI BENGALURU - 560001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16633 WP No. 18132 of 2023 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE REGION SAHAKARA SOUDHA NO.146, 3RD FLOOR 8TH CROSS, MARGOSA ROAD MALLESHWARAM, BENGALURU - 560003. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES I CIRCLE SAHAKARA SOUDHA, NO.156, IST FLOOR, 3RD MAIN ROAD, 8TH CROSS MARGOSA ROAD, MALLESWARAM BENGALURU - 560003. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ILLEGAL ORDER BEARING NO.JRB/SECTION 64/02/2023-24 DATED 10.04.2023 ISSUED BY THE RESPONDENT NO.2 (i.e. ANNX-A) AND THE CONSEQUENTIAL NOTICE ISSUED BY THE RESPONDENT NO.3 BEARING NO. DRB-1/SECTION 64/ VHBCS/61/2023-24 DTD 29.04.2023 (I.E ANNX-B) AS WHOLLY ARBITRARY ILLEGAL AND UNJUST. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:16633 WP No. 18132 of 2023 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner has assailed the order dated 10.04.2023 (Annexure-A) issued by respondent No.2 and the consequential notice dated 29.04.2023 (Annexure-B) issued by respondent No.3. 2. Heard the learned counsel appearing for the parties. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, it is evident that the respondent-authorities have initiated an enquiry under Section 64 of the Karnataka Co-operative Societies Act, 1959 (for short, "Act"). Though several grounds have been urged by the petitioner concerning the registration of the sale deed, the matter requires a detailed examination of records, and therefore, a full-fledged enquiry is necessary. - 4 - HC-KAR NC: 2026:KHC:16633 WP No. 18132 of 2023 4. In that view of the matter, this Court finds no infirmity in the order dated 10.04.2023 (Annexure-A) passed by the respondent-authorities. The petitioner has not made out any acceptable grounds to call for interference under Article 226 of the Constitution of India so as to stall the enquiry initiated under Section 64 of the Act. Accordingly, the writ petition stands dismissed. 5. However, it is made clear that it is open to the petitioner to urge all the grounds raised in this writ petition in the event an adverse order is passed by the competent authority under Sections 64 and 68 of the Act. It is also observed that the respondent-authorities shall not be influenced by any observations made in this writ petition while conducting the enquiry. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 48