Partly allowed

Lt.Col.K.C. Devaiah (Rtd) v. Additional Registrar of Co-Operative

Karnataka HC9 Nov 2023WP/17640/2017

Case brief

AI extract

What is this about?

High Court set aside the Additional Registrar's order rejecting a stay application in an appeal against an inquiry order under the Karnataka Co-Operative Societies Act. The Court continued the interim stay on the original order until the appeal is decided, finding it expedient due to the petitioners not being heard on material submitted by the enquiry officer.

What did the court decide?

Writ petition partly allowed; order dated 16.01.2017 set aside; operation of order dated 31.03.2016 stayed till appeal adjudication.

Lt.Col.K.C. Devaiah (Rtd) Vs Additional Registrar of… — Cooperative Societies | Karnataka HC (2023)

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NC: 2023:KHC:40369 WP No. 17640 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 17640 OF 2017 (CS-RES)

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BETWEEN:

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LT.COL.K.C. DEVAIAH (RTD) EX PRESIDENT AGED ABOUT 79 YEARS 14/1 GAGAN CRESENT NO 1, 3RD CROSS ATMANANDA COLONY R T NAGAR POST BENGALURU – 560032

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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MR K K VASANTH KUMAR EX VICE PRESIDENT NO 1002, AGED ABOUT 65 YEARS 14TH CROSS, JUDICIAL LAYOUT (OPP TO JAKKUR AERODROME) G K V K PSOT BENGALURU – 560065

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CO D V BHAGRA VSM (RTD) EX PRESIDENT C-101, AGED ABOUT 97 YEARS AISHWARYA LAKE VIEW APARTMENTS 6TH CROSS, C V RAMAN NAGAR POST BENGALURU – 560093

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MR B P SINGH (EX GTRE) EX DIRECTOR AGED ABOUT 66 YEARS NO. 204, SAI DEEP HEIGHTS 2ND MAIN, PAI LAYOUT OLD MADRAS ROAD, BENGALURU – 560016

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COL ANIL JOSEPH EX- DIRECTOR B -2

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2 - NC: 2023:KHC:40369 WP No. 17640 of 2017

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AGED ABOUT 60 YEARS LIVE IN STYLE APARTMENTS 12/9 POTTERY ROAD, RICHARDS TOWN BENGALURU - 560005

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…PETITIONERS

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(BY SRI MANOHAR B.K, ADVOCATE)

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AND:

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ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (HOUSING ANS OTHERS) NO.1, ALI ASKAR ROAD BANGALORE – 560052

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DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES SOUTH DIVISION AND ENQUIRY OFFICER UNDER SECTION 64 ARMY HOUSING CO-OPERATIVE SOCIETIES LIMITED BANGALORE 560018

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JOINT REGISTRAR OF COOPERATIVE SOCIETIES BANGALORE DIVISION PAMPAMAHAKAVI ROAD CHAMARAJPET BANGALORE 560018

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ARMY HOUSING CO-OPERATIVE SOCIETY LTD., #3478, 14TH MAIN, HAL 2ND STAGE, INDIRANAGAR, BANGALORE-08.

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…RESPONDENTS

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(BY SRI SIDDHARTH BABU RAO, AGA FOR R1 TO R3 SRI K G SADASHIVAIAH, ADVOCATE FOR R4)

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THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN APPEAL NO.DAP/04/2016-17 PENDING ON THE FILE OF THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, [HOUSING AND OTHERS] NO.1, ALI ASKAR ROAD, BANGALORE-560 052 AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2023:KHC:40369 WP No. 17640 of 2017

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ORDER

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The present writ petition is filed to set aside the order dated 16.1.2017 passed by Respondent No.1 in Appeal No.DAP/04/2016-17 (Annexure – F to the Writ Petition) and to allow the application for stay filed by the Petitioner in the said appeal in terms of the application at Annexure-E to the Writ Petition.

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The relevant facts necessary for consideration of the present Petition are that the Petitioners are the members of the Army Housing Co-Operative Society Ltd., (hereinafter referred to as ‘the Society’) and respondent No.2 appointed respondent No.3 to hold an enquiry under Section 64 of the Karnataka Co-Operative Societies Act, 1959 (hereinafter referred to as Act, 1959). Respondent No.2 submitted a report dated 31.08.2015, consequent to which the Respondent No.3 passed an order bearing No. JRB/GRUHA/SECTION 65/16/2014-15 dated 31.03.2016 Annexure-C to the Writ Petition. The Petitioners preferred an appeal challenging the order dated 31.03.2016 before Respondent No.1. In the said Appeal, the petitioner sought for stay of the operation of the order dated 31.03.2016 passed by Respondent No.3.

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4 - NC: 2023:KHC:40369 WP No. 17640 of 2017

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Respondent No.1 by its order dated 16.1.2017, rejected the request of the Petitioner. Being aggrieved, the present Writ Petition is filed.

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It is not in dispute that the Petitioners were not notified of the proceedings conducted under Section 64 of the Act in respect of which a report dated 31.08.2015 has been submitted by respondent No.2 . Based on the report submitted by Respondent No2, Respondent No.3 has passed the order dated 31.03.2016. The same has been challenged before Respondent No.1 in Appeal No. DAP/04/2016-17. Various contentions have been urged by the Petitioners assailing the order dated 31.03.2016, inter-alia, that the Respondent No.3 has not analysed the matter on merits and the order is passed solely on the basis of the report dated 31.08.2015.

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It is forthcoming that this Court vide interim order dated 07.08.2017 had granted interim stay of the order bearing No.JRB/GRUHA/SECTION 65/16/2014-15 dated 31.03.2016 (Annexure – C to the Writ Petition). Having regard to the fact that the order dated 31.03.2016 passed by Respondent No.3 has been impugned before Respondent No.1 in the Appeal filed

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5 - NC: 2023:KHC:40369 WP No. 17640 of 2017

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by the Petitioner, pending consideration of the Appeal, keeping in mind the fact that the Petitioners have not even heard before the report dated 31.08.2015 was submitted or the order dated 31.03.2016 was passed, it is expedient that the operation of the said order dated 31.03.2016 is stayed till the Appeal before Respondent No.1 is adjudicated. During pendency of the appeal, the operation of the said order dated 31.03.2016 has been stayed in view of the interim order granted by this Court in the present petition. Hence, it is just and proper that the said order of stay be continued till the appeal preferred by the Petitioners in Appeal No. DAP/04/2016-17 which is pending consideration before Respondent No.1 is adjudicated upon in its merit.

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In view of the same, relief sought for by the Petitioners to the extent what is observed hereinabove is liable to be granted. Hence, the following

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ORDER

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i) Writ Petition is partly allowed.

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ii) Order dated 16.01.2017 passed by Respondent No.1 in Appeal No.DAP/04/2016-17 be set aside.

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iii) Pending consideration of Appeal No.AP/04/2016-17 before Respondent No.1, the operation of the order bearing No. JRB/GRUHA/SECTION 65/16/2014-15 dated 31.03.2016 passed by Respondent No.3 shall remain stayed.

No costs.

Sd/-

JUDGE

List No.: 1 Sl No.: 30

Lt.Col.K.C. Devaiah (Rtd) v. Additional Registrar of Co-Operative

Case brief

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Lt.Col.K.C. Devaiah (Rtd) v. Additional Registrar of Co-Operative

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