Back
2024 Supreme(Online)(Kar) 41640
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO.16270 OF 2024 (CS-RES)
BETWEEN:
SRI. K. DEEPAK AGED ABOUT 41 YEARS, S/O MR KRISHNA, WORKING AS COURT OFFICER, HIGH COURT OF KARNATAKA, PRINCIPAL BENCH, BENGALURU - 560 001.
…PETITIONER (BY SRI.SAMEER SHARMA, ADVOCATE FOR SRI. NIRUPAN GOWDA H N., ADVOCATE)
AND:
1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES HAVING OFFICE AT NO. 1, ALI ASKAR ROAD, VASANT NAGAR, Digitally signed BANGALORE-560 052.
by JUANITA THEJESWINI
2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES Location: HIGH HAVING OFFICE AT NO. 146, 8TH CROSS, COURT OF
3RD MAIN ROAD, MARGOSA ROAD, KARNATAKA MALLESHWARAM, BENGALURU-560 003.
3. JUDICIAL DEPARTMENT MULTI-PURPOSE CO-OPERATIVE SOCIETY, HIGH COURT BUILDING, BENGALURU - 560 001.
REPRESENTED BY ITS SECRETARY.
…RESPONDENTS (BY SRI.SIDDARTH BABU RAO, AGA FOR R1 AND R2;
SRI.PRUTHVI WODEYAR., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO DULY CONSIDER AND DECIDE ON THE REPRESENTATION ISSUED BY PETITIONER TO THE R1, DATED 26.02.2024 (ANNEXURE-A), THEREBY RENDERING ITS REPORT ON THE SAME AND TAKE CONSEQUENTIAL ACTION AS AGAINST THE EX SECRETARY, THE THEN OFFICE BEARERS AND CURRENT OFFICE BEARERS OF THE R3, IN ACCORDANCE WITH LAW IN TIME BOUND MANNER.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner is before this Court aggrieved of the inaction on the part of the 2nd respondent-Deputy Registrar of Co-operative Societies (‘DRCS’ for short) to whom the petitioner had given a representation on 26.02.2024. In the said representation, the petitioner has pointed out several illegalities said to have been committed by the 3rd respondent-
Co-operative society.
2. Learned counsel for the petitioner submits that the Additional Registrar of Co-operative Societies had made a communication on 30.03.2024 at Annexure-C to the 2nd respondent-DRCS asking him to submit a report within a period of 30 days from the date of the said communication.
3. Nevertheless, till date the 2nd respondent-DRCS has not submitted such a report to the Additional Registrar of Co-
operative Societies.
4. The learned Counsel for 3rd respondent-Society submits that it is clear from the communication made by the petitioner at Annexure-A that there are several allegations sought to be made by the petitioner which would touch upon the incidents that happened commencing from the year of 2005. For that purpose, the present Managing Committee is required to gather all necessary information and place the same before the 2nd respondent-DRCS.
5. Having regard to the facts narrated hereinabove, this Court is of the considered opinion that the 2nd respondent- DRCS will have to take a decision as to whether an enquiry under Section 64 or 65 of the Karnataka Co-operative Societies Act, 1959, is required to be conducted in accordance with law on the basis of the complaint given by the petitioner. For that purpose, the 2nd respondent-DRCS has been given sufficient opportunity.
6. Nevertheless, six more weeks time is granted to the
2nd respondent-DRCS to come to a conclusion and submit a report to the Additional Registrar of Co-operative Societies.
7. The entire exercise shall be concluded as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order.
Ordered accordingly.
8. With these observations, the writ petition stands disposed of.
