- 1 - HC-KAR NC: 2026:KHC:28445 WP No. 15447 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15447 OF 2026 (GM-KSR) BETWEEN: 1. SMT. B M GOWRAMMA W/O LATE NANJUNDASWAMY, AGED ABOUT 80 YEARS, 2. SMT. NEELADEVI C.N. D/O LATE NANJUNDASWAMY, W/O CHANNAIAH, AGED ABOUT 56 YEARS, 3. SRI. MAHESH KUDAR C.N, S/O LATE NANJUNDASWAMY, AGED ABOUT 54 YEARS, 4. SMT. RENUKADEVI C.N. D/O LATE NANJUNDASWAMY, W/O SRI. RAMU, AGED ABOUT 52 YEARS, 5. SRI. UMESH KUDAR C.N. S/O LATE NANJUNDASWAMY, AGED ABOUT 48 YEARS ALL ARE PRESENTLY R/AT NO. 13/167, DR. AMBEDKAR STREET, BEHIND TOWN CLUB, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR DISTRICT - 571313. …PETITIONERS (BY SRI. VEERABHADRAIAH M..,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, ROOM NO. 610, 6TH FLOOR, GATE NO. 3, M.S. BUILDING, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28445 WP No. 15447 of 2026 BENGALURU 560 001 REP. BY ITS PRL. SECRETARY. 2. THE DEPUTY COMMISSIONER, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR, CHAMARAJANAGAR DISTRICT 571313. 3. THE REGISTRAR, DEPARTMENT OF CO-OPERATION, ALI ASKER ROAD, BENGALURU 560 001. 4. THE CHAIRMAN, FACT FINDING COMMITTEE OFFICE OF THE DEPUTY REGISTRAR OF CO-OP SOCIETIES, NO. 330. 3RD FLOOR, DISTRICT ADMINISTRATION BHAVAN, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR DISTRICT - 571313. REP. BY ITS MEMBER SECRETARY. 5. THE DISTRICT REGISTRAR OF ASSOCIATION AND THE DEPUTY REGISTRAR OF CO-OP SOCIETIES, CHAMARAJANAGAR DISTRICT, NO. 330, 3RD FLOOR, DISTRICT ADMINISTRATION BHAVAN, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR DISTRICT – 571313 6. THE ASSISTANT REGISTRAR OF CO-OP SOCIETIES, CHAMARAJANAGAR SUB-DIVISION, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR DISTRICT - 571313. 7. M/S. CHAMARAJANAGAR TALUK ADI KARNATAKA ABHIVRUDHI SANGHA (R) ADI KARNATAKA BUILDING, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR DISTRICT - 571313. AT PRESENT REP. BY ITS ADMINISTRATOR. 8. THE ADMINISTRATOR, M/S. CHAMARAJANAGAR TALUK ADI KARNATAKA ABHIVRUDHI SANGHA (R), ADI KARNATAKA BUILDING, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR DISTRICT - 571313. - 3 - HC-KAR NC: 2026:KHC:28445 WP No. 15447 of 2026 9. SRI. SHIVAKUMAR, S/O LATE. KRISHNAIAH, AGED ABOUT 51 YEARS, EX- ZILLA PANCHAYATH VICE-PRESEIDENT R/O BUDHA NAGARA, 5TH CROSS, WARD NO 10, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR DISTRICT - 571313. …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA FOR R1 TO R6; NOTICE TO R7 TO R9 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03-12-2025 AS PER ANNEXURE- Z AND ISSUE OF NOTICE DATED 03-12-2025 AS PER ANNEXURE- Z-1 BY THE 5TH RESPONDENT DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHAMARAJANAGAR DISTRICT IN THE APPLICATION FILED BY THE 8TH RESPONDENT ADMINISTRATOR OF 7TH RESPONDENT ASSOCIATION U/S 26 OF THE KARNATAKA SOCIETY REGISTRATION ACT 1960 AS PER ANNEXURE- X AND ITS PROCEEDINGS AS FAR AS IN RELATED TO PETITIONERS HEREIN ARE CONCERNED. CONSEQUENTLY, DECLARE THAT THE APPLICATION FILED BY 8TH RESPONDENT HEREIN ACTING ON BEHALF OF THE 7TH RESPONDENT ASSOCIATION U/O 22 RULE 4 OF CPC 1908 TO BRING THE PETITIONERS HEREIN AS LRS OF RESPONDENT NO.1 IN APPLICATION IS CONTRARY TO THE SCHEME OF THE KARNATAKA SOCIETY REGISTRATION ACT, 1960AND RULE 1961 AS PER ANNEXURE- Y AND SAME IS NOT MAINTAINABLE UNDER THE PREVAILING LAW AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents No.1 to 6 and 8. 2. Notice to respondents No.7 and 9 dispensed with, in view of the order proposed to be passed. - 4 - HC-KAR NC: 2026:KHC:28445 WP No. 15447 of 2026 3. The petitioners are before this Court seeking for the following reliefs: a) Issue writ of certiorari or any other appropriate writ to quash the order dated 03-12-2025 as per Annexure- Z and issue of notice dated 03-12-2025 as per Annexure- Z-1 by the 5th respondent Deputy Registrar of Co- Operative Societies, Chamarajanagar district in the Application No. ./01/2025-26 filed by the 8th respondent Administrator of 7th respondent Association U/s 26 of The Karnataka Society Registration Act 1960 as per Annexure- X and its proceedings as far as in related to petitioners concerned. herein are Consequently, declare that the application filed by 8th respondent herein acting on behalf of the 7th respondent association U/o 22 Rule- 4 of CPC 1908 to bring the petitioners herein as LRs of Respondent No.1 in Application No. 2./01/2025-26 is contrary to the scheme of the Karnataka Society Registration Act, 1960 and Rule 1961 as per Annexure- Y and same is not maintainable under the prevailing law. b) Issue writ of certiorari or any other appropriate writ to quash the fact-finding committee 4th respondent report dated 28-02-24 vide No: CHAAC-ADMOEST/67/2024- ADM as per Annexure-E which was submitted in compliance of the 2nd respondent direction. Consequently, declare that the 2nd respondent Deputy Commissioner, Chamarajanagar District acted in absence of source of power under the scheme of the Karnataka Society Registration Act, 1960 and its Rules 1961 and the report dated 28-02-24 is illegal, without jurisdiction and authority and inquiry was conducted against to the principles of natural justice. c) Issue writ of certiorari or any other appropriate writ to quash the undated inquiry report submitted by 6th respondent Asst. Registrar Chamarajanagar of Co-Op Societies, Annexure-N. per as Consequently, declare that the inquiry conducted by the 6th respondent and undated report submitted by him is contrary to Section 25 of the Karnataka Society Registration Act, 1960 and Rule - 8 of KSR Rules 1961 and against to the principles of natural justice. - 5 - HC-KAR NC: 2026:KHC:28445 WP No. 15447 of 2026 d) Pass any other appropriate order or issue any other writ or direction as this Hon'ble Court deems it fit in the facts and circumstances of the case in the interest of justice and equity. 4. What has essentially been challenged is a show- cause notice calling upon the petitioner to indicate as to why the petitioner ought not to be impleaded in the pending surcharge proceedings. 5. It being a show-cause notice, it is always available for the petitioner to reply to the same and place his objections on record, which would have to be considered by respondents. 6. Reserving liberty to the petitioner to file its objections and directing the respondents to consider the same. The petition stands disposed of. 7. Learned counsel for the petitioner submits that objections would be filed on the next date i.e., 17.06.2026. If the objections are filed on that date, respondents are directed to consider the said objection and dispose of the matter within a period of four weeks from that date. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 1