Rekha Shenoy, Vs the State of Karnataka

B.VARADARAYA PAI, S/O B SRINIVAS PAI, AGED ABOUT 81 YEARS, NO 10/2,KIRAN, 1ST MAIN, 1ST CROSS, LIC COLONY, 3RD BLOCK EAST, JAYANAGAR, BENGALURU SOUTH-560 011. (SENIOR CITIZEN BENEFIT NOT CLAIMING)

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PADMANABHA SHENOY, S/O K.SURENDRA SHENOY, R/O. C/O PRAKASH SHENOY, NO 221/3, LAILA VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA, DISTRICT-574 240.

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…RESPONDENTS

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(BY SMT.SHWETHA KRISHNAPPA, AGA FOR R1 & R2 SRI. N.RAVINDRANATH KAMATH, SENIOR ADVOCATE FOR SMT.VANAJAKSHI, ADVOCATE FOR C/R5, R3 AND R4 SERVED UNREPRESENTED)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO (I) ISSUE AN APPROPRIATE ORDER SETTING ASIDE THE ORDER DATED 06.10.2023 PASSED BY THE LEARNED SINGLE JUDGE IN W.P No. 17170/2022 (II) DISMISS THE WRIT PETITION IN W.P No. 17170/2022 FILED BY THE RESPONDENT NO.5

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(III) PASS ANY SUCH OTHER WRIT/S, ORDER/S OR GRANT SUCH OTHER RELIEF/S THAT THIS HONBLE COURT DEEMS FIT TO GRANT UNDER THE PECULIAR FACTS AND CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY ETC.,

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THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO AND

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HON'BLE MR JUSTICE S RACHAIAH

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

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The challenge in this intra-Court appeal is to an order dated 06.10.2023 in W.P.No.17170/2022. The said order also decides two writ petitions being 14061/2022 and 16767/2022. It is relevant to state that, the W.P.No.17170/2022 filed by respondent No.5 herein was allowed by the learned Single Judge. The Paragraph No. 14, of the impugned order reads as under:

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“14. For the aforesaid reasons, I pass the following:

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(i) Writ Petition No.17170 of 2022 is allowed in part. Respondents 1 and 2 are at liberty to take the communication/report dated 04-072022 to its logical conclusion which shall

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remain subject to the result of the pending Enquiry.

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(ii) Writ Petition Nos. 14061 of 2022 and 16767 of 2022 are dismissed. Interim order, granted if any, shall stand dissolved.

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I.A.No.2 of 2023 filed in W.P.No.17170 of 2022 stands disposed.”

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Insofar as W.P.Nos.14061/2022 and 16767/2022 are concerned, the same were dismissed.

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The orders in W.P. No. 14061/2022 and W.P. No. 16767/2022 were challenged in W.A. No. 1397/2023, (arises from W.P. No. 16767/2022), and W.A. No. 1412/2023, (arises from W.P. No. 14061/2022).

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The said writ appeals (W.A.Nos.1397/2023 and 1412/2023) along with other connected appeals, were decided by a Co-ordinate Bench of this Court, which passed the following order:

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“21. Only on the ground that the parties had no proper opportunity before submitted report dated 28.6.2022 by the second respondent, we set aside the order of the learned Single Judge and pass the following:

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ORDER

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i) The writ appeals are allowed.

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ii) Report dated 28.06.2022 in Enquiry No.01/22-23 before the second respondent is set aside.

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iii) All further proceedings initiated pursuant to report dated 28.06.2022 are also quashed.

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iv) Second respondent is directed to afford sufficient opportunity to the parties and thereafter proceed to submit report.

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v) The parties shall appear before the second respondent on 11.12.2024.

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vi) The parties shall co-operate with the second respondent for early disposal of the proceedings. The second respondent shall as for as possible conclude the proceedings within three months from the date of appearance of the parties.

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vii) All the contentions of the parties are kept open.”

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Insofar as the writ petition, is the present appeal is concerned it is clear that the learned Single Judge has directed to respondent Nos.1 and 2 herein, i.e., (i) the State of Karnataka (ii) Registrar of Societies and Deputy Registrar of Cooperative Societies, to take the communication/report dated 04-07-2022 to its logical conclusion, which shall remain subject to the result of the pending Enquiry.

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In terms of the order of the Co-ordinate Bench in

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the aforesaid appeals, including Writ Appeal Nos.1412/2023 and 1397/2023, the report dated 28.06.2022 in Enquiry No.01/22-23 has been set aside. The Co-ordinate Bench further directed the 2^nd respondent to afford sufficient opportunity to the parties and thereafter, proceed to submit a fresh report. We have been informed by the learned Additional Government Advocate that, pursuant to the order of the Division Bench, the 2^nd respondent is conducting/undertaking the enquiry. Notices have been issued to the parties. She states the appellant and Respondent No.5 can also seek their impleadment in the enquiry.

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In view of the submission made by the AGA for respondent No.1, we are of the view as the Co-ordinate Bench has set aside the Enquiry report, the order of the learned Single Judge as impugned is liable to be set aside. We order accordingly.

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Liberty is with the appellant and the Respondent No.5 to seek their impleadment before Respondent No.2, i.e., the Registrar of Societies and the Deputy Registrar of Co-operative Societies for putting their stand, to enable the respondent No.2

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