Back
2022 Supreme(Online)(Kar) 56705
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2022
BEFORE
THE HON' BLE MR.JUSTICE R. DEVDAS
WRIT PETITION NO.13199 OF 2021 (CS-RES)
BETWEEN
SRI K M SONNEGOWDA
S/O MUNIYAPPA KALYANAPURA
AGED ABOUT 53 YEARS
JANGAMAKOTE, CHIKKABALLAPURA
&PETITIONER
(BY SMT. SANDHYA U PRABHU, ADVOCATE)
AND
1.
THE PAVAGADA SOUHARDHA
MULTIPURPOSE CO OPERATIVE LTD
REPRESENTED BY ITS MANAGER
NO. 03 FIRST FLOOR, M G ROAD
KOLAR - 563102
2.
DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES (441)
COURT OF SOUHARDHA CO-OPERATIVE DISPUTES
KARNATAKA STATE SOUHARDHA
MULTIPURPOSE CO OEPRATIVE LTD
NO. 62, 2ND FLOOR, MARGOSA ROAD
3RD MAIN, 18TH CROSS, PIPELINE ROAD
MALLESHWARAM
BENGALURU 3 560055
&RESPONDENTS
(BY SRI. JAIPRAKASH REDDY.M, ADVOCATE FOR R1;
SRI. A.R. SRINIVAS, AGA FOR R2)
2
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
THE AWARD IN CASE DATED 22.04.2021 PRODUCED AT
ANN-B ISSUED BY R2 AND DIRECTING THE R2 TO HEAR
THE MATTER AFRESH BY GIVING OPPORTUNITY OF
HEARING TO THE PETITIONER AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 8B9 GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
R. DEVDAS J., (ORAL):
A challenge is raised in this writ petition to the
impugned award dated 22.04.2021 passed by the
second respondent-Deputy Registrar of Co-operative
Societies (8DRCS9 for short). The main ground on
which the impugned award is questioned is that the
impugned award is an exparte order, since the
petitioner was not heard before the award could be
passed.
2. Learned Counsel for the first respondent-
Co-operative Society fairly concedes that it is evident
3
from the material on record that opportunity of
hearing was not granted to the petitioner, while notice
dated 08.03.2021 was issued calling upon the
petitioner
to
appear
before
the
authority
on
15.03.2021. Nevertheless, the impugned order has
been passed in the absence of the petitioner and the
award is for a sum of Rs.1,38,08,271/-.
3. Since the right of the party in respect of an
immovable property is in question and admittedly, the
impugned award has been passed without hearing the
petitioner, the matter will have to be reconsidered by
the second respondent-DRCS while affording an
opportunity of hearing to the petitioner.
4. Consequently, this Court proceeds to pass the
following:
ORDER
1. The Writ petition is allowed in part.
4
2. The impugned award dated 22.04.2021 at
Annexure
8B9
passed
by
the
second
respondent-DRCS is hereby quashed and set
aside.
3. The matter stands remitted back to the
second respondent-DRCS for reconsideration
and for affording opportunity of hearing to the
petitioner.
4. The parties are directed to appear before the
second respondent-Deputy Registrar of Co-
operative Societies, on 21st February 2022,
at 11.00 a.m. without waiting for further
notice. The Deputy Registrar of Co-operative
Societies shall hear the parties and thereafter
pass a reasoned order as expeditiously as
possible and at any rate within a period of
three months from 21.02.2022.
Ordered accordingly.
Sd/-
JUDGE
JT/-
