IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8705 OF 2025 (CS-RES)

BETWEEN:

H. S. RAGHAVENDRA, AGED ABOUT 47 YEARS, S/O H C SUBRAYA NAIK, R/O YEDADALLI VILLAGE, KELLAR, KIGGA POST, SRINGERI TALUK, CHIKKAMAGALURU DISTRICT.

…PETITIONER (BY SRI CHIDAMBARA G S, ADVOCATE)

AND:

1. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441), SOUHARDA SHAAKARIES DAAVA PANCHAYTI NYAYALAYA, KARNATAKA STATE SOUHARDA UNION CO-OPERATIVE LIMITED, "SOUHARDA SAHAKARA SOUDHA", #68, 1ST FLOOR, BETWEEN 17TH AND 18TH CROSS, Digitally signed MARGOSA ROAD, MALLESHWARAM, by SHWETHA BENGALURU-560 055.

RAGHAVENDRA Location: HIGH

2. THE CHIEF EXECUTIVE OFFICER, COURT OF KARNATAKA VIPRA MULTIPURPOSE SOUHARDA SAHAKARI LIMITED, HEAD OFFICE AT "RAAGAA", 1ST STAGE, 5TH CROSS, VINOBANAGAR, SHIVAMOGGA-577 204.

…RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R-1;

R-2 SD)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.01.2025 VIDE ANNX-K PASSED BY THE R-1 IN CASE NO.

J.R.D/KA.RAA.SOU.SAM.SA.N/1051/2022-23 AND PASS APPROPRIATE CONSEQUENTIAL ORDERS ALLOWING SAID APPLICATION VIDE ANNX-G BY GRANTING THE RELIEFS PRAYED FOR THEREIN ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Sri.Thushanath.C.V., learned counsel submits that he would be appearing for respondent No.2. Hence, the registry is directed to print his name as such after vakalathnama is filed.

2. The petitioner is before this Court seeking for the following reliefs;

i. Issue appropriate writ or writs quashing the order dated 22.01.2025 vide Annexure-K passed by the respondent No.1 in Case No.J.R.D/Ka.Raa.Sou.Sam.Sa.N/1051/2022-23 and pass appropriate consequential orders allowing said application vide Annexure-G by granting the reliefs prayed for therein;

ii. Grant such other writs or orders or directions or reliefs as this Hon’ble court deems fit to grant in the facts and circumstances of the case; and iii. Award costs of the writ proceedings;

3. Proceedings have been initiated by respondent No.2 against the petitioner for recovery of certain monies. The petitioner denied certain signatures and as such had filed an application for referring the admitted signature and the disputed signature to the handwriting expert of the Forensic Science Laboratory. The said application having been rejected vide order dated 22.01.2025 at Annexure-K. It is challenging the same, that the petitioner is before this Court seeking for the aforesaid reliefs.

4. The submission of learned counsel for the petitioner is that the membership application has not been signed by the petitioner, so also the other documents and there being a serious dispute as regards the said signatures, the same cannot be verified on the basis of examination and comparison with the vakalathnama. It would be required for an expert to opine on the same.

5. There is some substance in the submission made by the counsel for the petitioner, if the matter is referred to the handwriting expert of the Forensic Science Laboratory, a conclusive report could be obtained, settling the dispute as regards the signatures being that of the petitioner or not.

6. In that view of the matter, I pass the following;

ORDER

i. The writ petition is allowed ii. The order dated 22.01.2025 at Annexure- K is set aside. Consequently, the application filed by the petitioner under Section 41 (3) of the Karnataka Souharda Sahakari Adhiniyam, 1997at Annexure-G is allowed.

iii. The matter is referred to the Office of Superintendent of Police, Finger Print Bureau, Madiwala, Bangalore-560 068.

iv. Respondent No.1 is directed to forward the admitted and the disputed signature of the petitioner to the aforesaid Office of Superintendent of Police, Finger Print Bureau, Madiwala, Bangalore-560 068 within 10 days from the date of receipt of a copy of this order.

v. Offic