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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 27TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY

W.P. No.226602 OF 2020 (GM-KSR)

BETWEEN:

NATIONAL EDUCATION SOCIETY

HAVING ITS OFFICE AT HAFT GUMBAZ,

KALABURAGI-585101

REPRESENTED BY ITS SECRETARY

MR.H.M PASHAMIYAN BOLEGAONKAR

S/O ALHAJ KHAJAMIYAN

BOLEGAONKAR.

...PETITIONER

(BY SRI ABDUL MUQHTADIR, ADVOCATE)

AND :

1 .

THE STATE OF KARNATAKA

DEPARTMENT OF CO-OPERATION

M.S. BUILDING BENGALURU-560001

REPRESENTED BY ITS SECRETARY

2 .

REGISTRAR CO-OPERATIVE SOCIETY

COMMUNICATION AND BUILDINGS,

K.R.CIRCLE, NEAR RBI BANK,

NRUPATHUNGA ROAD,

BANGALORE-560001.

3 .

JOINT REGISTRAR OF CO-OPERATIVE SOCIETY

VENKATESHWAR COLONY,

H.NO.1-11-55/5-6 LINGASUGUR ROAD,

RAICHUR-584101

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4 .

DISTRICT SOCIETIES REGISTRAR

KALABURAGI

OFFICE OF DEPUTY REGISTRAR

OF CO-OPERATIVE SOCIETY

NEAR RTO CROSS,

RAJAPUR ROAD, PWD QUATERS,

NO.D-14, KALABURAGI-585105.

5 .

DEPUTY REGISTRAR OF

CO-OPERATIVE SOCIETY

GURU MATKAL ROAD,

AMPC YARD, YADAGIRI-585201.

6.

MR. JAWAD AHMED

S/O. ABDUL KHADEER

AGE. 50 YEARS

R/O. J.K. METAL WORKS,

DARGA ROAD,

KALABURAGI - 585104.

…RESPONDENTS

(BY SRI SHARANABASAPPA M. PATIL, A.G.A. FOR R1 TO R5 (MA

NOT FILED;

SMT. GEETA SAJJANSHETTY, ADVOCATE FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE AN

APPROPRIATE WRIT DIRECTION/S OR ORDER/S. A) ISSUE AN

APPROPRIATE

ORDER/DIRECTION/WRIT

IN

NATURE

OF

CERTIORARI QUASHING THE ORDER DATED 18.01.2019 VIDE

ANNEXURE-E PASSED BY THE RESPONDENT NO.4 AND ETC.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT PASSED THE FOLLOWING:-

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ORDER

In this writ petition the petitioner has called in

question the order dated 18.01.2019 (Annexure-E) by

which respondent No.4 appointed the Deputy Registrar of

Co-operative Society as the Enquiry Officer to enquire into

a complaint registered by respondent No.6. The petitioner

has also challenged Annexure-F which is the letter

addressed by the Deputy Registrar of Co-operative

Society, Kalaburgi forwarding a copy of the report of

Deputy Registrar of Co-operative Society, Yadagiri. The

petitioner has also challenged the enquiry report dated

20.09.2019 submitted by the Deputy Registrar of Co-

operative Society, Yadagiri. The petitioner has also

challenged the show-cause notice issued under Section 26

of

the

Karnataka

Societies

Registration

Act,

1960

(henceforth referred to as 'the Act', for short).

2.

The facts which are evident from the writ

petition are that respondent No.6 being a member of the

petitioner and also erstwhile office bearer has lodged a

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complaint alleging mis-appropriation by the Managing

committee members during the financial year 2015-16 and

2016-17. Based on such complaint, the respondent No.4

appointed the respondent No.5 as an Enquiry Officer and

the Enquiry Officer thereafter submitted a report holding

that the managing committee members were responsible

for mis-appropriation of a sum of Rs.17,70,718/- during

the year 2016-17 and Rs.5,50,000/- during the year 2015-

16.

3.

Following the above, respondent No.4 issued a

notice under Section 26 of the Act calling upon the

managing committee members of the petitioner to pay the

amount as reported by the Enquiry Officer, failing which

proceedings would be initiated for recovery. The sole

contention of the petitioner is that respondent No.4 had

appointed respondent No.5 as an Enquiry Officer, while the

respondent No.5 was himself an Incharge Officer and was

not entitled to conduct an enquiry and that therefore the

entire proceedings is vitiated.

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4.

The learned counsel was however not able to

point out any defect in the enquiry report - Annexure-G.

Insofar as Annexure-H is concerned, it is a notice issued

under Section 26 of the Act, which was not justiciabl