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2023 Supreme(Kar) 207

SURAJ GOVINDARAJ
T. N. Shivaraju S/o Late H Nanjappa – Appellant
Versus
State Of Karnataka Department Urban Development – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. Devi Prasad Shetty., Advocate
For the Respondent: Smt. A.R. Shardamba, AGA

ORDER :

1. The petitioner is before this Court seeking for the following reliefs:

    i. Issue a writ in the nature of certiorari quashing the order passed by the respondent no.3 dated 06.03.2022 in No. SANI-34. CHUNAVANE/VISHESHADIKARI/31/2022-23 is produced at Annexure-C.

ii. To pass such other writ, order or direction as this Hon’ble Court deems fit under the circumstances of the case.

2. The grievance of the petitioner is that a Special Officer has been appointed in respect of respondent No.4-Society without waiting for 15 days period prescribed under Section 29(B) of the Karnataka Cooperative societies ACT, 1959 (for short ‘KCS ACT’).

3. Sri. Devi Prasad Shetty., learned counsel for the petitioner, submits that on 6.3.2023, five directors had submitted their resignation, and there being no quorum, respondent No.2 exercised powers Under subsection (1) of Section 31 and appointed a Special Officer. He submits that the power to appoint a Special Officer under subsection (1) of Section 31 has to be made only if the requirement under Section 29(B) is fulfilled. Without such fulfilment, no power under sub-section (1) of Section 31 can be exercised. Out of the five directors who had submitte

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