IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 50090 OF 2018 (CS-RES)

BETWEEN:

1. KANAKA GRUHA NIRMANA SAHAKARA SANGHA NIYAMITHA NO.715/1, HARI COMPLEX

22ND CROSS ROAD, K R ROAD BSK 2^ND STAGE, BENGALURU-560 070 BY ITS SECRETARY NOW SHIFTED TO NO.39/2, 1^ST FLOOR, 'LAKSHMI NILAYA'

K R ROAD, BSK II STAGE BENGALURU-560 070.

2. KANAKA GRUHA NIRMANA SAHAKARA SANGHA Digitally signed by NIYAMITHA SUMA Location: NO.715/1, HARI COMPLEX, HIGH

22^ND CROSS ROAD, K R ROAD COURT OF KARNATAKA BSK 2^ND STAGE, BENGALURU-560 070 BY ITS PRESIDENT NOW SHIFTED TO NO.39/2, 1^ST FLOOR, LAKSHMI NILAYA K R ROAD, BSK II STAGE BENGALURU-560 070.

…PETITIONERS (BY SRI. A. MOHAMMED TAHIR.,ADVOCATE)

AND:

1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU REGION , NO.1, GMC BANK BUILDING ANNEXURE PAMPAMAHAKAVI RAOD, CHAMARAJPET BENGALURU-560 018.

2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES

3^RD DIVISION BANGALORE CITY DISTRICT, CHAMRAJPET, BANGALORE-560 018.

3. SMT DEVAMMA SINCE DEAD BY HER LR'S

3(a) M.K. RAMESH S/O LATE KARIYAPPA AGED ABOUT 47 YEARS R/AT NO.30, MUNISANJEEVAPPA LAYOUT, 1^ST CROSS, JARAGANAHALLI KANAKPURA MAIN ROAD J P NAGAR POST BENGALURU-560 078.

3(b) MUTTHUSWAMY S/O LATE KRIYAPPA AGED ABOUT 57 YEARS 3(c) K. JANARADHANA S/O LATE KARIYAPPA AGED ABOUT 57 YEARS BOTH ARE R/AT MUTATTI BYADARAHALLI POST, HALAGURU HOBLI MALAVALLI TALUK, MANDYA DISTRICT - 571 421.

…RESPONDENTS (BY SRI. S.R. KHAMROZ KHAN, AGA FOR R1 AND R2;

SRI. H.M. MURALIDHAR., ADVOCATE FOR R3(a to c)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI ORDER DATED 17/06/2017 IN DISPUTE NO.JRB/MD/40/2012-13 PASSED BY THE RESPONDENT NO.2 AT ANNEXURE-T AND ORDER DATED 23/08/2018 IN APPEAL NO.178/2017 PASSED BY THE HON'BLE KARNATAKA APPELLANT TRIBUNAL, BANGALORE AT ANNEXURE-W.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioners have challenged the order dated

17.06.2017 in dispute No.JRB/MD/40/2012-13 passed by respondent No.2-Assistant Registrar of Co-operative Societies as well as the order passed by the Karnataka Appellant Tribunal, dated 23.08.2018 in Appeal No.178/2017.

2. The facts that can be summed up from the writ petition are that the deceased/respondent No.3 had filed prescribed application for enrolment as a member of the petitioner No.1. She had also sought for allotment of a site in III Stage Layout, Subramanyapura and paid part of the site value as demanded. The petitioner No.1 though admitted the respondent No.3 as one of its members, postponed the allotment of the site on the ground that there was some ongoing litigation between the petitioner No.1 and the Bangalore Development Authority. Later, petitioner No.1 had purportedly issued notices to respondent No.3 demanding payment of the balance sum of Rs.88,000/-. Petitioner No.1 claims that the respondent No.3 did not comply the demand made under the notices and therefore lost her seniority in the list of applicants who had sought for allotment of sites. Thereafter, it appears that the Bangalore Development Authority approved the plan of the layout at III Stage Layout, Subramanyapura. The petitioners had allotted sites formed therein to various members excluding respondent No.3. The respondent No.3 on coming to know that she was overlooked and no site was allotted to her, raised a dispute before the Joint Registrar of Co-operative Societies and sought for a direction to the petitioner No.1 to allot a site measuring

30'X40' by receiving the balance sale consideration.

3. The said proceedings culminated in an order whereby the petitioners were directed to allot a site after receiving the balance consideration. The petitioners feeling aggrieved by the said order challenged it before the Tribunal, which dismissed the appeal and confirme