Back
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2022
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
WRIT PETITION No.4292/2022 (GM-KSR)
BETWEEN:
1.
KASTURINAGAR WELFARE ASSOCIATION
A REGISTERED WELFARE ASSOCIATION
NO.CA 8(A), 3RD D CROSS,
KASTURINAGAR
BANGALORE-560043
REPRESENTED BY ITS SECRETARY.
2.
SRI N NARASIMHAMURTHY
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.104, 3RD CROSS,
KASTURINAGAR
BANGALORE-560043.
3.
SRI RAGHU SHETTY
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.313, 4TH 8A9 CROSS
3RD B MAIN, KASTURINAGAR
BANGALORE-560043.
4.
SRI N RAMESH
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.213, 4TH B CROSS
2ND MAIN, KASTURINAGAR
BANGALORE-560043.
5.
SRI V RAMACHANDRA
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.136, 3RD A MAIN
KASTURINAGAR
BANGALORE-560043.
2
6.
H P CHANDRASHEKAR
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.205, 2ND MAIN
KASTURINAGAR
BANGALORE-560016.
7.
R KRISHNE GOWDA
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.212, 4TH C CROSS
2ND A MAIN, KASTURINAGAR
BANGALORE-560043.
8.
K N GOPINATH
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.5, 6TH CROSS
KASTURINAGAR
BANGALORE-560043.
9.
H C PUTTASWAMY GOWDA
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.323, 2ND A CROSS
KASTURINAGAR
BANGALORE-560043.
10. H S SHANKAR
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.212, 4TH B CROSS
KASTURINAGAR
BANGALORE-560043.
11. M PUTTASWAMY
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.311, 4TH A CROSS
KASTURINAGAR
BANGALORE-560043.
12. B R SANTHOSH
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.315, 2ND CROSS
KASTURINAGAR
BANGALORE-560043.
13. K VENKATESH
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.323, 2ND A CROSS
3
KASTURINAGAR
BANGALORE-560043.
...PETITIONERS
(BY SMT. PRASHANTHI A L, ADV.)
AND:
1.
STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF SOCIETIES
VIKAS SOUDHA
BANGALORE-560001.
2.
THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES
SECOND DIVISION
BANGALORE URBAN DISTRICT
NO.146, SAHAKARA SOUDHA
8TH CROSS, 3RD MAIN ROAD
MARGOSA ROAD, MALLESHWARAM
BANGALORE-560003.
3.
B R HARISH
S/O B A RAMAPPA GOWDA
AGED ABOUT 65 YEARS
RESIDING AT NO.406
2ND A MAIN, 4TH CROSS
KASTURINAGAR
BANGALORE-560043.
4.
SRI M H PERVEZ AHMED
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.301, 4TH B CROSS
3RD MAIN, KASTURINAGAR
BANGALORE-560043.
5.
R THANGARAJ
KASTURINAGAR WELFARE ASSOCIATION
R/AT NO.110, 2ND MAIN
KASTURINAGAR
BANGALORE-560043.
6.
M N SHIVANANJAPPA
KASTURINAGAR WELFARE ASSOCIATION
4
R/AT NO.206, 1ST CROSS
2ND MAIN, KASTURINAGAR
BANGALORE-560043.
&RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE R2
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SECOND
DIVISION, BANGALORE URBAN DISTRICT AT ANNEXURE-K.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:-
The petitioners, who are members of Kasturinagar
Welfare Association are before this Court praying to
quash the entire proceedings in enquiry (Annexure-K)
bearing No.DRB-2/SOR/01/2020-21 pending on the file
of 2nd respondent-the Deputy Registrar of Co-operative
Societies, Bangalore.
2.
The petitioners contend that the 2nd respondent
has blindly taken note of the contents of the compliant
without application of mind and submits that the
allegations contained in the complaint are false. It is
not for this Court to examine as to whether allegations
are true or not. It is for the 2nd respondent to enquire
5
into the allegation and to find out the truth. Moreover,
this
Court
by
order
dated
14.11.2017
in
W.P.No.33032/2016 (Annexure-H) has observed that
appropriate course for the complainant is to file
compliant before the competent authority and the
competent authority to act in accordance with law after
providing opportunity to the concerned persons.
3.
The 2nd respondent issued notice Annexure-L
dated 24.01.2022 to appear before the 2nd respondent-
authority fixing the date for enquiry. It is open for the
petitioners to file their objections before the 2nd
respondent and if objections are filed by the petitioners,
it is for the 2nd respondent-Authority to consider the
same and pass appropriate order.
No ground is made out to grant the prayer.
Accordingly the writ petition is disposed of.
Sd/-
JUDGE
NG* CT:bms
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
