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2024 Supreme(Online)(Kar) 39256
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14301 OF 2024 (GM-KSR)
BETWEEN:
CHAMARAJANAGARA TALUK ADI KARNATAKA ABHIVRUDHI SANGHA (R)
DR. AMBEDKAR PUBLIC HOSTEL BUILDING, B. RACHAIAH DOUBLE ROAD, CHAMARAJANAGARA, CHAMARAJANAGARA DISTRICT, PIN – 571 313.
REPRESENTED BY ITS SECRETARY.
…PETITIONER (BY SRI. BHASKAR K, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, REPRESENTED BY ITS SECRETARY, M S BUILDING, DR B R AMBEDKAR VEEDI, BENGALURU PIN – 560 001.
Digitally signed by 2. THE DEPUTY REGISTRAR OF CO OPERATIVE Vandana S SOCIETIES, Location:
CHAMARAJANAGARA DISTRICT, HIGH COURT OF CHAMARAJANAGARA, PIN – 571 313.
KARNATAKA …RESPONDENTS (BY SRI. N B PATIL, AGA FOR RESPONDENTS;
SRI C. JAGADISH, ADVOCATE FOR IMPLEADING APPLICANTS ON IA 1/24)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RECOMMENDATION ORDER DATED 13/05/2024 IN NO. DRCN/SA.SOM/01/2024-25 PASSED BY THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA CERTIFIED COPY OF WHICH IS PRODUCED AT ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner seeks the following reliefs:
“(i) Writ of certiorari quashing the recommendation order dated 13.5.2024 in No.DRCN/Sa.Som/01/2024-25 passed by the Deputy Registrar of Co-operative Societies, Chamarajanagara District Chamarajanagara certified copy of which is produced at Annexure-A.
(ii) Any other writs of directions to meet the ends of justice.”
2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.
3. Learned counsel for the petitioner submits that the impugned communication at Annexure-A dated 13.05.2024 issued by respondent No.2 to the Joint Registrar of Co-operative Societies recommending appointment of an Administrator in relation to the petitioner-Society is illegal, arbitrary and violative of principles of natural justice and the same deserves to be quashed.
4. Learned AGA invited my attention to the impugned communication and submitted that the same is only a communication between respondent No.2 - the Deputy Registrar of Co-operative Societies (DRCS) and Joint Registrar of Co-operative Societies (JRCS) and the final decision in relation to appointment of an Administrator has to be necessarily taken by the State Government and as such, the present petition is premature and deserves to be dismissed.
5. So also, the learned counsel for the impleading applicant submits that he is a member of the petitioner-Society and also entitled to be heard before the respondent-JRCS proceed further in the matter.
6. Though several contentions have been urged by both sides in support of their respective claims, a perusal of the communication between respondent No.2-DRCS and JRCS will indicate that it is only in relation to appointment of an Administrator to the Society. Under these circumstances, without expressing any merits on the rival contentions, I deem it just and appropriate to dispose of this petition, reserving liberty in favour of the JRCS and the State Government to proceed further in the matter pursuant to the impugned communication at Annexure-A dated 13.05.2024, after providing an opportunity to the petitioner and impleading applicant and hearing them in accordance with law. All rival contentions are kept open and no opinion is expressed on the same.
7. Subject to the aforesaid observations and directions, the petition stands disposed of.
