IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF DECEMBER 2020

BEFORE

THE HON’BLE MR.JUSTICE S.G.PANDIT

WRIT PETITION NO.44376/2017 (CS-RES)

BETWEEN:

R.PURUSHOTHAM

THE TRUSTEE OF

KURAKALU HANUMAKKA &

B.M.RAMAIAH TRUST

S/O.R.RAMAIAH

AGED ABOUT 54 YEARS

R/AT NO.14, INFANTRY ROAD

BANGALORE-560 001.

...PETITIONER

(By SMT:VIDYA SELVAMONY, ADV FOR M/S. NAG ASSOCIATES,

ADVS. )

AND:

1.STATE OF KARNATAKA

REP. BY ITS PRINCIPAL SECRETARY

DEPARTMENT OF CO-OPERATION

VIDHANA SOUDHA

BANGALORE-560 001.

2.THE REGISTRAR OF

CO-OPERATIVE SOCIETIES

ALI ASKER ROAD

BANGALORE-560 001.

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3.THE BRANCH MANAGER

TUMKUR GRAIN MERCHANTS

CO-OPERATIVE BANK LIMITED

JP NAGAR BRANCH

NO.726/A, 24^TH MAIN, 6^TH PHASE

BENGALURU-560 078.

4.V.ANAND-TRUSTEE

KURAKALU HANUMAKKA &

B.M.RAMAIAH TRUST

S/O.LATE R.VENKATARAMAN

NO.11, PALACE ROAD

BENGALURU-560 052.

5.V.K.GURUPRAKASH-TRUSTEE

KURAKALU HANUMAKKA &

B.M.RAMAIAH TRUST

S/O.LATE V.KANTHARAJU

NO.11, PALACE ROAD

BENGALURU-560 052.

… RESPONDENTS

(By SMT :JYOTHI BHAT,HCGP FOR R-1,

SRI.REVANASIDDAIAH, ADV. FOR R-3

SRI.B.V.SANJAY KUMAR, ADV. FOR R-4 AND R-5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

ENDORSEMENT

ISSUED

BY

R-2

DATED

28.03.2017

AT

ANNEXURE-C; DIRECT TO ACCEPT THE PETITION FILED BY THE

PETITIONER AT ANNEXURE-D TO THIS W.P. ON FILE AND

DECIDE THE SAME IN ACCORDANCE WITH LAW WITHIN THE

TIME STIPULATED BY THIS HON’BLE COURT.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

IN ‘B’ GROUP THROUGH VIDEO CONFERENCE THIS DAY, THE

COURT MADE THE FOLLOWING:-

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O R D E R

Petitioner is before this Court under Article 226 of the

Constitution of India praying for a writ of certiorari to quash

the

endorsement

bearing

No.UBC-5/174/DISP/2016-17

dated 28.03.2017 vide Annexure-C and for a writ of

mandamus to entertain the dispute raised under Annexure-D

under Section 70 of the Karnataka Co-operative Societies Act,

1959 (for short ‘the Act’).

2.

Heard Smt.Vidya Selvamony, learned counsel for the

petitioner and the learned High Court Government Pleader for

respondents No.1 and 2.

3.

Learned counsel for the petitioner would submit that

the endorsement issued at Annexure-C dated 28.03.2017 by

the Joint Registrar of Co-operative Societies is wholly illegal

and the second respondent failed to exercise its jurisdiction

under Section 70 of the Act. Further, the learned counsel for

the petitioner would submit that respondents No.4 and 5 who

are the trustees of Kurakalu Hanumakka and B.M.Ramaiah

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Trust have no authority or competence to open an account in

3^rd respondent-Tumakuru Grain Merchants Co-operative

Bank Limited on behalf of the Trust. The petitioner raised a

dispute under Section 70 of the Act before the second

respondent seeking for a direction to 3^rd respondent-Bank

immediately to stop the operation of accounts maintained by

respondents No.4 and 5 in the name of the Trust.

4.

Learned High Court Government Pleader appearing on

behalf of respondents No.1 and 2 justifies the endorsement

issued by respondent No.2. Further, the learned HCGP would

submit that the dispute between the petitioner and

respondents No.4 and 5 arising out of the Will is to be sorted

out before the Civil Court and it is not a dispute falling under

Section 70 of the Act. Internal dispute among the petitioner

and respondents No.4 and 5 trustees would not be

maintainable before the second respondent.

5.

The petitioner and respondents No.4 and 5 are the

trustees of Kurakalu Hanumakka and B.M.Ramaiah Trust.

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The petitioner is aggrieved by opening of the account in the

3^rd respondent-Bank by respondents No.4 and 5 on behalf of

the Tru