Court stayed the writ petition under Articles 226 and 227 of the Constitution, directing respondents to treat it as a formal representation. The petitioner was ordered to submit a detailed representation within three weeks, after which respondents must decide within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 27TH DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.6362 OF 2022 (CS-RES)
BETWEEN:
SRI VASISTA TEVANIDARARA SANGHA (REGD) HAVING ITS REGISTERED OFFICE AT NO.244, 1ST CROSS, BANASHANKARI III STAGE 3RD PHASE, 2ND BLOCK BANGALORE - 560 086 REPRESENTED BY ITS PRESIDENT MR H CHANDRASHEKAR, SECRETARY. REGISTERED UNDER CO-OPERATIVE SOCITIES ACT 1959.
…PETITIONER
(BY SRI. BALASUBRAMANI V R., ADVOCATE)
AND:
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REPRESENTED BY ITS SECRETARY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCITIES ACT 1959.
…RESPONDENTS
(BY SMT.L.V. APARNA, CGC FOR R1; SMT. H.C. KAVITHA, HCGP FOR R2 & R6; SRI. JAI PRAKASH REDDY, ADVOCATE FOR R7)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR APPROPRIATE WRIT OR ORDER TOT HE R.2
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FOR CONSTITUTION OF SPECIAL TEAM OF AUDITORS TO CONDUCT FORENSIC AUDIT OF ACCOUNTS AND ALL TRANSACTIONS OF R.3 FROM ITS INCEPTION AND TO DIRECT TO THE R-2 TO CONSTITUTE A SPECIAL INVESTIGATION TEAM TO CONDUCT INVESTIGATION INTO AFFAIRS OF THE R-3 SOCIETY AND THE LOANS ADVANCED BY IT TO THE ENTITIES/ COMPANIES WHICH ARE DIRECTLY OR INDIRECTLY RELATED TO IT AND ETC.
THIS W.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
In this petition, the petitioner has sought for the following reliefs:
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c) Issue an appropriate writ or direction to respondent No.2 to investigate into all the loans borrowed by the individuals who are/were past or present management or their relatives and the assets held by them;
d) Issue an appropriate writ or direction to respondent No.2 to initiate appropriate legal action against the borrowers of the Society, in particular the entities or individuals who are related or connected to the 3rd respondent and who have borrowed from the 3rd respondent society from alienating the properties held by such entities/companies or individuals;
e) Issue an appropriate writ or direction to respondent Nos.1 to 3 to take appropriate steps to repay the deposits of the members/public of 3rd respondent which are already matured;
f) Issue an appropriate writ or direction to the jurisdictional police to investigate the pending First information Reports against the 4th and 5th respondent and its office bearers including the entities and individuals who have borrowed monies from the 3rd respondent society.”
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2. Heard learned counsel for the petitioner and
learned counsel for the respondents and perused the material on record.
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same and pass appropriate orders/take appropriate decision in accordance with law within a period of three months from the date of submission of the said representation and the documents by the petitioner.
With the aforesaid directions, the petition stands disposed off.
In view of disposal of the writ petition, pending application does not survive for consideration and the same is disposed of accordingly.
Four weeks time is granted to the learned counsel for respondent No.1 to file memo of appearance.
SD/JUDGE
SA
2 issues framed by the court
Whether the writ petition can be disposed of by directing respondents to treat it as a representation without expressing opinion on merits.
Whether proceedings under the petition survive the disposal of the writ.
3 provisions across 3 enactments
Sri Vasista Tevanidara Sangha (Regd)
Ministry of Finance, The Union of India
The State of Karnataka, Ministry of Co-operative Societies
Vasista Credit Suhards Sahakara Ltd
Sri K.N. Venkatanarayana
Sri Krishna Prasad
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.R.Krishna Kumar
Parties & counsel
