Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:18135 WP No. 25314 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.25314 OF 2022 (CS-RES) BETWEEN:
1.
SMT. VASANTHA W/O SRI N.S. NARASEGOWDA AGED ABOUT 61 YEARS, R/AT NO.119, 1ST MAIN VAYALIKAVAL HOUSING SOCIETY LAYOUT NAGAVARA BENGALURU - 560045.
&PETITIONER (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND:
1.
BANGALORE, BANGALORE RURAL AND RAMANAGARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD NO.6, 5TH MAIN CHAMARAJPETE BENGALURU 560018 BY ITS CHIEF EXECUTIVE OFFICER REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT.
2.
NAVAKARNATAKA CREDIT CO-OPERATIVE SOCIETY LTD.
NO.31/2, 1ST MAIN ROAD, 5TH CROSS MARUTHIBADAVANE SRIRAMPURAM
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:18135 WP No. 25314 of 2022
BENGALURU - 560021 BY ITS SECRETARY.
SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT.
3.
KONARK CREDIT CO-OPERATIVE SOCIETY LTD NO.56, SUBBARAMACHETTY ROAD NATKALAPPA CIRCLE, BASAVANAGUDI BENGALURU - 560 004 BY ITS SECRETARY SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT.
4.
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU REGION GMC BANKING BUILDING ANNEXE PAMPAMAHAKAVI ROAD CHAMARAJPETE BENGALURU PRESENTLY AT SAHAKARA SOUDHA MALLESHWARAM BENGALURU - 560003. &RESPONDENTS (BY SRI. SATHVIK M., ADVOCATE FOR SRI. SARAVANA S., ADVOCATE FOR R1;
SRI. YOGESH D. NAIK, AGA FOR R3;
NOTICE TO R2 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CONFIRMATION ORDER DATED 17.03.2014 IN DISPUTE NO.JRB/DIS/498/1996-97 VIDE ANNEXURE-F PASSED
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HC-KAR NC: 2026:KHC:18135 WP No. 25314 of 2022
BY THE RESPONDENT NO.4 AND COMMON ORDER DATED 11.12.2022 IN SO FAR AS IN APPEAL NO.149/2014 AND 150/2014 IS CONCERNED PASSED BY THE HON'BLE KARNATAKA APPELLATE TRIBUNAL VIDE ANNEXURE-G.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. In this Writ Petition, petitioner is assailing the Order dated 11.12.2019 (Annexure-G) in Appeal Nos.149/2014 and 150/2014 passed by the Karnataka Appellate Tribunal and the
Order dated 17.03.2014 in Dispute NO.JRB/DIS/498/1996- 97(Annexure-F) passed by respondent No.4.
2. Heard learned counsel appearing for the parties.
3. Sri. Jai Prakash Reddy M., learned counsel appearing for the petitioner, contended that the petitioner is not a Member of the respondent No.1 - Bank or respondent Nos.2 & 3 - Society and the petitioner has purchased the schedule land as mentioned in para Nos.2 and 3 of the Writ Petition, out of her
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HC-KAR NC: 2026:KHC:18135 WP No. 25314 of 2022
income while working as an employee of Canara Bank between 1978 to 1996. The service certificate of the petitioner is also produced as Annexure-A to the Writ Petition. It is also stated that, husband of the petitioner was Member of the Adhoc Managing Committee and by Resolution dated 04.05.1995, loan has been sanctioned and released to the respondent Nos.2 and 3 - Societies which has fallen due to the respondent No.1- Bank. Therefore, it is contended by the learned counsel appearing for the petitioner that the respondent - authorities have no locus standi to array the petitioner herein as a party before the proceedings under Section 70 of the Karnataka Co- operative Societies Act, 1959. However the said contentions raised by the petitioner were negated by the respondent No.4 and thereafter the Karnataka Appellate Tribunal has committed an error in passing the impugned order at Annexure-G and therefore, sought for interference of this Court.
4. Per contra, learned counsel appearing for the respondent No.1 sought to justify the impugned order.
5. In the light of the submissions made by the learned counsel appearing for the parties, since the petitioner is not a
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HC-KAR NC: 2026:KHC:18135 WP No. 25314 of 2022
Member of the respondent No.1 - Bank or the respondent Nos.2 & 3 - Societies, and since the petitioner has not availed any loan from the respondents - Bank or Societies, I am of the view that, the petitioner herein cannot be considered as the person who has committed breach of trust with either the Bank or the Societies. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner. Accordingly, I pass the following:
ORDER
(i) The Writ Petition is allowed.
(ii) The
Order dated 11.12.2019 in Appeal Nos.149/2014 and 150/2014 (Annexure-G) passed by the Karnataka Appellate Tribunal, in so far as the petitioner herein is concerned, is accordingly, set aside. (iii) The
Order dated 17.03.2014 in Dispute NO.JRB/DIS/498/1996-97(Annexure-F) passed by respondent No.4 in so far as the properties of the petitioner herein are concerned, is accordingly, set aside.
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HC-KAR NC: 2026:KHC:18135 WP No. 25314 of 2022
(iv) In view of disposal of the main matter as above, I.A.No.1/2024 stands allowed and I.A.Nos.1/2023 and 1/2026 do not survive for consideration.
SD/- (E.S.INDIRESH) JUDGE
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