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2026 DAILYLAW 8768 (KAR)

SRI S V MURALIDHARA v. THE STATE OF KARNATAKA

WP/2575/2023 · 2026-02-26

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12131 WP No. 2575 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 2575 OF 2023 (CS-RES) BETWEEN: 1. SRI S V MURALIDHARA S/O S V N ACHAR AGED ABOUT 73 YEARS NO 12, SFHS SARASWATHIPURAM NANDINI LAYOUT BENGALURU – 560 096 2. SMT GOWRAMMA W/O NINGEGOWDA AGED ABOUT 77 YEARS NO 3680 8TH CROSS 13TH MAIN NEAR CORPORATION PLAY GROUND DOOPANAHALLI INDIRANAGAR BENGALURU NORTH HAL II STAGE BENGALURU 560 008 REP. BY HER GENERAL POWER OF ATTORNEY HOLDER SRI B RUDRAIAH S/O BHADRAIAH AGED ABOUT 62 YEARS NO 18, 1ST B MAIN ROAD KATRIGUPPE, VIVEKANANDA NAGAR BANASHANKARI III STAGE BENGALURU 560 085 …PETITIONERS (BY SRI. B R VISWANATH.,ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12131 WP No. 2575 of 2023 AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA CO OERATIVE DEPARTMENT M S BUILDING , DR AMBEDKAR VEEDHI BENGALURU 560 001 2. THE REGISTRAR OF SOCIETIES NO 1, ALI ASKAR ROAD BENGALURU 560 001 3. THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES BANGALORE REGION SAHAKARA SOUDHA NO 146 3RD FLOOR 3RD MAIN ROAD 8TH CROSS MALLESWARAM MARGOSA ROAD BENGALURU 560 003 4. THE ITI EMPLOYEES HOUSING CO OPERATIVE SOCIETY LTD DOORAVANI NAGAR BENGALURU 560 016 REP. BY ITS CHIEF EXECUTIVE 5. SMT.PARVATHAMMA R AGED ABOUT 44 YEARS C/O LOKESH R R/AT NO 42 NAYANDAHALLI OPP VAJRAPPA DEPOT VTC BENGALURU SOUTH BENGALURU 560 039 …RESPONDENTS (BY SRI.H.K.KENCHE GOWDA .,AGA FOR R-1 TO R-3; SRI.P.ANAND., ADVOCATE FOR R-4; SRI.DEVIPRASAD SHETTY., ADVOCATE FOR R-5) - 3 - HC-KAR NC: 2026:KHC:12131 WP No. 2575 of 2023 THIS WP IS FILED UNDER AIRTILCE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. JRB/MD/32/2021-21 DATED 16/12/2022 PASSED BY THE R-3 VIDE ANNEXURE-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner has filed this writ petition seeking the following reliefs: (i) To quash the order bearing No.JRB/MD/32/2021-21 dated 16/12/2022 passed by respondent No.3 vide Annexure-E. (ii) To direct respondent Nos.1 to 4 to cancel the sale deed dated 21.12.2022 executed in favour of respondent No.5 vide Annexure ‘F’. (iii) To direct respondent Nos.1 and 2 to initiate such criminal and civil action against respondent No.4 Society and all other who have been aiding them by committing illegal acts of allotment of sites to non-members and junior members. - 4 - HC-KAR NC: 2026:KHC:12131 WP No. 2575 of 2023 (iv) Consequential relief or any other appropriate order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity.” 2. Brief facts leading rise to the filing of this petition are as follows: 3. The petitioners are challenging the order dated 16.12.2022 passed by respondent No.3, whereby, respondent No.3 has vacated the earlier interim order granted exercising of quasi-judicial powers, the impugned order dated 16.12.2022 has been passed while exercising administrative powers, that too without affording any kind of opportunity. Further, behind the back of the petitioners, respondent No.3 had vacated the interim order and respondent No.4 has registered the sites in favour of respondent No.5 illegally, though, she is not a member of the Society, which is contrary to the Bye-laws of the Society. - 5 - HC-KAR NC: 2026:KHC:12131 WP No. 2575 of 2023 4. Learned Additional Government Advocate, filed a memo along with certain documents showing that pursuant to Annexure ‘E’, the Government has issued a direction to the respondent No.4-Society to cancel the sale deeds executed and produced a copy of the said order. He submits that in view of the order passed by the Government, pursuant to Annexure ‘E’, nothing survives for further consideration in this petition. 5. Learned Additional Government Advocate also submits that a criminal complaint was filed under Section 109 of the Karnataka Co-operative Societies Act, 1959. As the Government has already initiated proceedings against the Board of Directors of respondent No.4 Society, in view of the same, nothing survives for consideration in this writ petition. 6. In view of the above, I proceed to pass the following order: - 6 - HC-KAR NC: 2026:KHC:12131 WP No. 2575 of 2023 ORDER (I) The writ petition is disposed of as having rendered infructuous. (II) In view of the disposal of the petitions, pending interlocutory applications, if any, do not survive for consideration and are accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 2 Sl No.: 17