Sri.I.R.Biradar., learned counsel for the petitioner and

Sri.Shivakumar R. Tengli., learned AGA for respondents 1 to

5 have appeared in person.

The captioned Writ Petition is filed seeking a Writ of

Certiorari to quash the order dated 08.09.2022 passed by

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the Deputy Registrar of Co-operative Societies, Vijayapura, -

fourth respondent vide Annexure-J and to quash the order

dated 09.02.2021 passed by the Assistant Registrar of Co-

operative Societies, Indi – fifth respondent vide Annexure-D.

The Writ of Mandamus is also sought to direct the fifth

respondent to re-do the inquiry under Section 64 of the

Karnataka Co-operative Societies Act, 1959, and to direct

the President of Prathamika Krushi Pattina Shahakar Sangh -

sixth respondent to implement his letter/order dated

04.05.2022 vide Annexure-G2.

The society namely Prathamika Krushi Pattina Sahakar

Sangha, Indi is a registered society. The sixth respondent,

the President of the society made a certain allegation against

the petitioner about the misappropriation of funds of the

society during the years 2016-2017 and 2017-2018 while

sanctioning

loans

to

the

borrowers.

Hence,

inquiry

proceedings under Section 64 of the Karnataka Co-operative

Societies Act, 1959, were initiated. His grievance is that

inquiry proceedings are held behind his back. Though the

Inquiry Officer has recorded statements of the borrowers,

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they are all in cyclostyle format; indeed, there is no

recording of the statements of the borrowers. On the basis

of the inquiry report, an order came to be passed on

09.02.2021 by the Assistant Registrar of Co-operative

Societies, (for short, hereinafter referred to as ‘ARCS’) Indi -

fifth respondent holding that the allegations are proved and

direction was issued to take action against the petitioner and

to recover a sum of Rs.2,85,93,550/- (Rupees Two Crores,

Eighty-Five Lakhs, Ninety-Three Thousand, Five Hundred and

Fifty Only) along with interest at 16% and also initiated

criminal action against the petitioner. The petitioner

challenged the order before the Deputy Registrar of Co-

operative Societies, (for short, hereinafter referred to as

‘DRCS’) Vijayapura, and the DRCS, Vijayapura, vide order

dated 08.09.2022 confirmed the order passed by the ARCS.

This order is called into question in this Writ Petition on

several grounds as set out in the memorandum of the Writ

Petition.

Learned counsel for the petitioner and the respondents

have urged several contentions.

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Learned AGA submits that as per the directions of this

Court, the office of the Advocate General has secured the

records. He submits that before the DRCS, the matter was

listed on 09.06.2022 and the further date was given as

27.06.2022. However, the records show that no proceedings

were held on 27.06.2022. On the other hand, on

08.09.2022, the impugned order came to be passed

confirming the order passed by the ARCS. Hence, he

submits that the matter requires a remand. Therefore, he

submits that the order passed by the DRCS vide Annexure-J

may be quashed and the matter may be remitted to the

DRCS.

Learned AGA also submits that a memo has been filed

enclosing the order sheet maintained before the DRCS and

the same may be placed on record.

Submission is noted. Memo is placed on record.

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Heard the contentions urged on behalf of the

respective parties and perused the Writ papers and also the

Annexures with utmost care.

I have also perused the copy of the order sheet

produced by the learned AGA which has been filed along with

the memo. A perusal of the same would depict that the case

was listed on 09.06.2022 and it was adjourned to

27.06.2022. Strangely, nothing happened on 27.06.2022,

and on one fine day i.e., on 08.09.2022, the case was called

and the impugned order came to be passed by the DRCS.

Hence, in my opinion, the matter requires a remand.

Therefore, I deem it appropriate to quash the order dated

08.09.2022

passed

by

the

DRCS,

Vijayapura,

vide

Annexure-J