Allowed

R Rangaswamy v. Registrar of Co-Operative Societies

Karnataka HC15 Feb 2024WP/3568/2014

Case brief

AI extract

What is this about?

Members of a housing co-operative society denied allotment of sites sought production of layout-related documents from the Society before the Additional Registrar. The application was dismissed; the High Court quashed that order, holding the documents relevant and directing their production.

What did the court decide?

Application to summon documents allowed; impugned order quashed; Society directed to produce documents; dispute to be decided within eight months.

R Rangaswamy Vs Registrar of Co-Operative Societies — Cooperative Societies | Karnataka HC (2024)

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NC: 2024:KHC:6546 WP No. 3568 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 3568 OF 2014 (CS-RES)

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BETWEEN:

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R RANGASWAMY, S/O SRI. RANGASAWMY AGED ABOUT 50 YEARS, COURT OFFICER,HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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HARISH KUMAR, S/O NARASHIMURTHY, AGED 41 YEARS,SENIOR ASSISTANT, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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…PETITIONERS

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(BY SRI. DEVI PRASAD SHETTY., ADVOCATE)

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Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

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AND:

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REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD,BANGALORE.

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ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES,ALI ASKER ROAD,BANGALORE

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KARNATAKA STATE JUDICIAL DEPARTMENT HOUSING CO-OPERATIVE SOCIETY LTD., NO.7/2, SURYA CHAMBERS, IST MAIN ROAD, SESHADIPURAM BANGALORE - 560 020 BY ITS SECRETARY.

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…RESPONDENTS

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NC: 2024:KHC:6546 WP No. 3568 of 2014

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(BY SRI. M.SRINIVAS KUMAR, HCGP FOR R1 & R2; SMT. G.K.BHAVANA., ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2 ON 21.12.2013 IN DISPUTE NO:ANI (I & M)D-2:NMD:7:2013-14 VIDE ANNX-H AND ETC.,

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THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondents.

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This writ petition is directed against the order,

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rejecting the application to summon the records/respondent-Society. The petitioners claims to be members of respondent No.3-Society, which is a Karnataka State Judicial Department Housing Co-operative Society. The petitioners are members of

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Talagatapura-Malasandra Layout, which is proposed to be formed by respondent No.3-Society. It appears that the petitioners were not allotted sites as promised. Thus, the petitioners raised dispute under Section 70 of Karnataka Co-operative Societies Act, 1959 before the Additional

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3 - NC: 2024:KHC:6546 WP No. 3568 of 2014

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Registrar of Co-operative Societies. It is also relevant to note that earlier these petitioners filed writ petition and the writ petition was dismissed on the premise that the petitioners have raised a dispute under Section 70 of Karnataka Co-operative Societies Act, 1959.

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During the pendency of the writ petition, these petitioners filed an application to direct the respondent No.3-Society to produce certain documents relating to Talagatapura-Malasandra Layout. The list of documents are mentioned in the application. The respondent No.3-Society filed objection to the said application on the premise that documents cannot be summoned as they are not relevant documents. It is also contended by respondent No.3-Society, that if the application is allowed, the same amounts to collection of evidence. The Additional Registrar of Co-operative Societies has dismissed the application. Being aggrieved by the said order, the present writ petition is filed.

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4 - NC: 2024:KHC:6546 WP No. 3568 of 2014

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Learned counsel for the petitioners would contend that since petitioners had applied for sites in TalagatapuraMalasandra Layout, which is proposed by respondent No.3-Society, all the documents, sought to be summoned by the petitioners from respondent No.3-Society, are the documents relating to the aforementioned layout in which the petitioners had applied for the sites. Thus, he would contend that the documents being relevant for adjudication of the dispute and documents being in the custody of respondent No.3-Society, the Additional Registrar could not have dismissed the application.

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Learned counsel for the respondents would

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contend that the documents are not necessary for adjudication of the dispute and if the application is allowed, the same would amount to collection of evidence and Additional Registrar is justified in dismissing the application.

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This Court has considered the contentions raised

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by learned counsel for both the parties and perused the records:

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(i) Admittedly, the petitioners had applied for sites in Talagatapura-Malasandra layout which is proposed by respondent No.3-Society. Now, there is dispute relating to allotment of the sites. When the dispute is raised relating to allotment of sites, the layout plan, the number of sites formed therein, the seniority list and other documents which are mentioned in the application would be relevant, which would facilitate

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the Additional Registrar to arrive at a proper conclusion. The Additional Registrar erred in dismissing the application accepting the objections filed by respondent No.3-Society. In fact, the objection that the application, if allowed amounts to collection of evidence is totally misconceived. The petitioners have raised a dispute under Section 70 of Karnataka Co-operative Society Act, 1959, they are entitled to produce the best to support their claim.

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(ii) Admittedly, the documents which are sought to be summoned by the petitioners are the documents in the custody of respondent No.3-Society. This being the position, the application could not have been dismissed. Accordingly, the impugned order is quashed.

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Hence, the following:

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ORDER

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(i) The application filed by the petitioners before the Additional Registrar of Co-operative Societies to summon the documents is allowed.

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(ii) The respondent No.3-Society shall produce all the documents mentioned in the application on 01.03.2024.

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(iii) The parties shall appear before authority on 01.03.2024 without any further notice from the Additional Registrar.

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(iv) The Additional Registrar shall endeavour to decide the pending dispute within eight months from the

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NC: 2024:KHC:6546 WP No. 3568 of 2014

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date of receipt of a copy of this order and the parties shall

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co-operate.

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Sd/JUDGE

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PHM, List No.: 1 Sl No.: 25

R Rangaswamy v. Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

R Rangaswamy v. Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

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