Allowed

Sreesreekanteshwara Credit Co-Operative Society Limited v. Joint Registrar of Co. Operative Societies

Karnataka HC5 Dec 2023WP/8726/2021

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed by a Credit Co-Operative Society seeking to quash two notices dated October 2019 and February 2021 issued by the Registrar of Co-operative Societies consequent to complaints by a non-member. Relying on a prior order in WP No.10919/2020, the Court quashed the notices.

What did the court decide?

The notices dated 19.10.2019 and 17.02.2021 issued by the Joint Registrar of Co-op Societies are quashed.

Sreesreekanteshwara Credit Co-Operative Society… — Service and Employment | Karnataka HC (2023)

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NC: 2023:KHC:43947 WP No. 8726 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 8726 OF 2021 (CS-RES)

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BETWEEN:

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SREESREEKANTESHWARA CREDIT CO-OPERATIVE SOCIETY LIMITED NO. 74/1, 5TH CROSS, MALLESHWARAM, BANGALORE-560 003, REPRESENTED BY ITS PRESIDENT, SMT. UMA MURTHY, W/O. B. K. NARAYANA MURTHY, AGED ABOUT 66 YEARS.

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…PETITIONER

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(BY SRI. SANDESH P NADIGER, ADVOCATE FOR SRI. G BALAKRISHNA SHASTRY., ADVOCATE)

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AND:

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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JOINT REGISTRAR OF CO OPERATIVE SOCIETIES PATTANA BANKS DIVISION, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BANGALORE-560 052. 2. MOHAN. K MAJOR, NO. 1131, 18TH CROSS, 24TH MAIN, BANASHANKARI 2ND STAGE, BENGALURU-560 070. …RESPONDENTS (BY SRI. SIDHARTH BABURAO., AGA FOR R1 R2 SERVED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER/NOTICE DATED 19.10.2019 PASSED BY THE JOINT

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NC: 2023:KHC:43947 WP No. 8726 of 2021

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REGISTRAR OF CO-OP SOCIETIES (PATTANA BANK DVN) BENGALURU PRODUCED AT ANNEXURE A 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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ORDER

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The present writ petition is filed seeking for the following

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reliefs:

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“i) Issue a Writ of Certiorari or any other Writ quashing the order/notice dated:19.10.2019 in No.RCS.UBC-4/DUA/390/2018-19 passed by the Joint Registrar of Co-op Societies (Pattana Bank Dvn) Bengaluru Produced at Annx-A.

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ii) Issue a Writ of Certiorari or any other Writ quashing the order/notice dated:17.02.2021 in No.RCS.UBC-4/DUA/390/2018-19 passed by the Joint Registrar of Co-op Societies (Pattana Bank Dvn) Bengaluru Produced at Annx-B.

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iii) Issue any other writ or direction to meet the ends of justice.”

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The notices dated 19.10.2019 and 17.2.2021 have

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been issued by the first respondent consequent to the complaint made by the second respondent.

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Admittedly, the second respondent is not a member

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of the petitioner – society. Further, there is no mention of any

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3 - NC: 2023:KHC:43947 WP No. 8726 of 2021

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provision of law in the notices dated 19.10.2019 and 17.2.2021 issued by the first respondent.

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Learned counsel for the petitioner submits that the second respondent has been repeatedly harassing the petitioner – society on one pretext or the other and the second respondent had sought sanction to prosecute the members of the petitioner – society and the same having been granted, the said order was the subject matter of challenge in WP No.6798/2007, which was allowed by this Court, vide order dated 22.9.2008. It is further submitted on behalf of the petitioner that placing reliance on the order dated 22.9.2008 passed in WP No.6798/2007 with respect to another notice dated 9.3.2020 issued consequent to a complaint made by the second respondent herein, vide order dated 21.11.2013 passed in WP No.10919/2020 this Court has allowed the writ petition filed by the petitioner – society and quashed the notice issued to the petitioner.

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It is forthcoming that this Court, vide order dated

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21.11.2023 passed in WP No.10919/2020, after considering the observations made in the order dated 22.9.2008 passed in WP

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4 - NC: 2023:KHC:43947 WP No. 8726 of 2021

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No.6798/2007 has allowed the said petition. In the said order dated 21.11.2023, a detailed consideration of the relevant aspects having been made and the reliefs having been granted in favour of the petitioner, the relief sought for by the petitioner in the present petition is also liable to be granted. Hence, the following order is passed:

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ORDER

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i) The writ petition is allowed;

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ii) The notice dated 19.10.2019 in No.RCS.UBC4/DUA/390/2018-19 and the notice dated 17.02.2021 in No.RCS.UBC-4/DUA/390/2018-19 issued by the first respondent, are quashed;

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iii) Liberty is reserved to the State authorities to initiate action against the petitioner – society under the requisite provisions of the statute and the order in the present writ petition should not be construed as absolving the petitioner of any irregularities/infirmity in compliance with the provisions of the Act.

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Nd/List No.: 1 Sl No.: 37

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Sd/JUDGE

Sreesreekanteshwara Credit Co-Operative Society Limited v. Joint Registrar of Co. Operative Societies

Case brief

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Sreesreekanteshwara Credit Co-Operative Society Limited v. Joint Registrar of Co. Operative Societies

Case brief

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