IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6692 OF 2025 (CS-RES)

BETWEEN:

1. M/S. CMR SQUARE BUILDERS AND PROMOTERS AT NO. 4, 3^RD FLOOR, SIRUR PARK ROAD, MALLESHWARAM BENGALURU 560003 REPRESENTED BY ITS PROPRIETOR MR. VINOD KUMAR

2. MR. VINOD KUMAR S/O LATE C. MUNIRAJU AGED ABOUT 47 YEARS MANAGING DIRECTOR/PROPRIETOR OF M/S CMR SQUARE, BUILDERS AND PROMOTERS AT NO. 14, 1ST A CROSS, AGB LAYOUT, 3^RD STAGE, MAHALAKSHMI LAYOUT, BENGALURU 560086 Digitally signed …PETITIONERS by SHWETHA (BY SRI. ADITYA D., ADVOCATE FOR RAGHAVENDRA SMT. AKSHATA SHARMA., ADVOCATE)

Location: HIGH COURT OF AND:

KARNATAKA

1. M/S. BSNL EMPLOYEES WELFARE HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., REGISTERED UNDER KARNATAKA COOPERATIVE SOCIETIES ACT, 1959 HAVING ITS REGISTERED OFFICE AT NO. 19 (NEW NO. 23), 10^TH CROSS, 1^ST FLOOR, SAMPIGE ROAD, MALLESHWARAM, BANGALORE 560003 REPRESENTED BY ITS VICE PRESIDENT

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO. 1, ALI ASKAR ROAD, NEAR RAJ BHAVAN BENGALURU 560052 …RESPONDENTS (V/O/DATED 07.13.25 NOTICE TO R1 D/W SRI. YOGESH D.NAIK., AGA FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR AN ORDER IN THE NATURE OF CERTIORARI TO SET ASIDE THE PETITION PREFERRED BY THE RESPONDENT NO. 1 UNDER SECTION 70 OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 AS DISPUTE NO. AANI (VA AND E)/D-2/NMD/05/2024-25 BEFORE THE RESPONDENT NO. 2 PRODUCED AT ANNEXURE-A AND ETC.

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

CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Learned AGA is directed to accept notice for respondent No.2. Notice to respondent No.1 is dispensed with, in view of the order proposed to be passed.

2. The petitioners are before this Court seeking for the following reliefs:

i. To issue a writ or an order in the nature of certiorari to set aside the petitioner preferred by the R1 under Section 70 of the Karnataka Co- operative Societies Act, 1959 as Dispute No. Aani (va & e)/D-2/NMD/05/2024-25 before the Respondent NO.2 produced at Annexure-A;

ii. Notice of Pre-order proceedings under Section 103 (1) of the Karnataka Co-operative Societies Act, 1959, through which the Respondent No.1 has sought for attachment/liquidation of the Private property of the petitioner produced at Annexure-

A1;

iii. Pass such other appropriate orders on the facts and circumstances of the case together with costs of this petition in the interest of justice and equity.

3. The respondent had raised a dispute under Section

70 of the Karnataka Co-operative Societies Act, 1959 as regards the formation of the layout as regards which petitioner had been appointed as a Contractor/Developer. The contention of the petitioner is that the petitioner is not a member of the Co-operative Society but only a Developer. Therefore, a dispute could not be raised under Section 70 of the Karnataka Co-operative Societies Act, 1959. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs.

4. Section 70 of the Karnataka Co-operative Societies Act, 1959 reads as under;

70. Disputes which may be referred to Registrar for decision.

(1)Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-

operative society arises,-

(a)among members, past members and persons claiming through members, past members and deceased members, or (b)between a member, past member or person claiming through a member, past member or deceased member and the society, its committee or any officer, agent or employee of the society, or (c)between the society or its committee and any past committee, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs, or legal representatives of any deceased officer, deceased agent, or decease