- 1 - HC-KAR NC: 2026:KHC:18971 WP No. 25257 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 25257 OF 2023 (CS-RES) BETWEEN: 1. SHRI. SIDDAIAH, S/O BORAIAH, AGED ABOUT 44 YEARS, NO 46, SR LAYOUT, RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITE FIELD POST, BENGALURU - 560 066. 2. VENKATESHAPPA K, S/O KARIYANNA, AGED ABOUT 49 YEARS, NO G 508, 1ST MAIN, 7TH CROSS, HAL CENTRAL TOWNSHIP, MARATHALLI POST - 560 037. …PETITIONERS (BY SRI. RAKESH B BHATT, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATIVE SOCIETY, VIKASASOUDHA, BENGALURU - 560 001. REPRESENTED BY PRINCIPAL SECRETARY. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18971 WP No. 25257 of 2023 2. REGISTRAR OF CO OPERATIVE SOCIETY, NO.1, ALI ASKER ROAD, VASANTH NAGAR, BENGALURU - 560 052. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCITIES, BANGALORE REGION, DEPARTMENT OF CO-OPERATIVE SOCIETY, SAHAKARA SOUDHA NO.146, 3RD FLOOR, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SECOND DIVISION, BENGALURU DISTRICT. SAHAKARA SOUDHA NO.146, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003. 5. THE AIRCRAFT EMPLOYEES HOUSE BUILDING CO- OPERATIVE SOCIETY LTD, NO 15, 3RD FLOOR, 1ST CROSS, H A L BUILDING, C K C GARDEN, OPP BIO HOSPITAL, K H ROAD, BENGALURU - 560 027. REPRESENTED BY ITS SECRETARY. 6. C SRINIVASA MURTHY, S/O LATE CHIKKANNA, AGED ABOUT 67 YEARS, NO 60/4, 3RD MAIN ROAD, 4TH CROSS ROAD, ANJANDRI ROYAL NEST, KSRTC EXTENSION, UTTRAHALLI MAIN ROAD, - 3 - HC-KAR NC: 2026:KHC:18971 WP No. 25257 of 2023 BENGALURU - 560 061. …RESPONDENTS (BY SRI.H.K.KENCHEGOWDA, AGA FOR R1 TO 4; SRI.BIPIN HEGDE, ADVOCATE FOR R5; SRI.B.H.SHARMA, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER BEARING NO.JRB/SECTION 65/11/2016-17 DTD 10.07.2023 PASSED BY THE R3 ANNEXURE-F AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this petition, petitioners are assailing the order dated 10.07.2023 (Annexure-F) passed by respondent No.3 and the enquiry report dated 18.05.2023 (Annexure-E), submitted by respondent No.4, inter alia, sought for fresh enquiry in respect of charge Nos.1 and 4 to 6. - 4 - HC-KAR NC: 2026:KHC:18971 WP No. 25257 of 2023 3. Sri.Rakesh B Bhatt, learned counsel appearing for the petitioners submitted that the petitioners herein have provided all the documents to respondent No.4 at the time of the enquiry with regard to the charges levelled against respondent No.6. However, the same has not been considered by the Enquiry Officer. Therefore, learned counsel refers to the reasons assigned in charge No.1, charge Nos.5 and 6 by respondent No.4 at Annexure-E as well as the receipts mentioned at Annexure-L series, and submitted that, a defective enquiry has been conducted by respondent No.4. It is argued that the said aspect of the matter has not been considered by respondent No.3 in the right perspective and, accordingly, sought interference of this Court. 4. Per contra, Sri.H.K.Kenchegowda, learned Additional Government Advocate, sought to justify the impugned order. - 5 - HC-KAR NC: 2026:KHC:18971 WP No. 25257 of 2023 5. In the light of the submission made by the learned counsel appearing for the parties, it is not in dispute that the enquiry has been initiated, as per Section 65 of the Karnataka Co-operatives Society Act, 1999, and the report of the Enquiry Officer is produced at Annexure-E to the writ petition. It is also to be noted from Annexure-L series, wherein the receipts have been issued by the President of respondent No.5-Society. 6. Taking into consideration, the reasons assigned with regard to charge No.1, charge Nos.5 and 6 are concerned, respondent No.3 has not properly analyzed the same in the impugned order dated 10.07.2023 at Annexure-F to the writ petition. 7. In that view of the matter, the matter requires to be remanded to respondent No.3 to reconsider the issue afresh, particularly with regard to the allegations made by the petitioners herein with respect to the Annexure-L - 6 - HC-KAR NC: 2026:KHC:18971 WP No. 25257 of 2023 series, wherein the receipts have been issued in the name of respondent No.5-Society. 8. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed; ii. Order dated 10.07.2023 (Annexure-F) passed by respondent No.3 is hereby set aside, and the matter is remitted to respondent No.3 to reconsider the case afresh in the light of the observation made by this Court. SD/- (E.S.INDIRESH) JUDGE KVR List No.: 2 Sl No.: 51