The Forest Officials Housing Co. Operative Society Ltd. Vs the Joint Registrar of Co. Operative Societies

THE FOREST OFFICIALS HOUSING CO OPERATIVE SOCIETY LTD HAVING ITS REGISTERED OFFICE, AT NO. 406, 4^TH FLOOR, VANAVIKASA, 18^TH CROSS, MALLESWARAM, BENGALURU - 560 003, REPRESENTED BY ITS SECRETARY 9900296172

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Digitally signed by PRASHANTH N V Location: High Court of Karnataka

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THE PRESIDENT, THE FOREST OFFICIALS HOUSING CO-OPERATIVE SOCIETY LTD, HAVING ITS REGISTERED OFFICE, AT NO. 406, 4^TH FLOOR, VANAVIKASA, 18^TH CROSS, MALLESWARAM, BENGALURU - 560 003 9731685344

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(BY SRI. RAGHAVENDRA RAO .K., ADVOCATE)

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…PETITIONERS

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AND:

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THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES BENGALURU REGION, SAHAKARA SOUDHA, NO -146, 3^RD FLOOR, 3^RD MAIN ROAD, 8^TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003

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2 - NC: 2025:KHC:49784 WP No. 11578 of 2025

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HC-KAR

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SMT. MEENAKSHI DILEEP AGHORE, W/O DILEEP N AGHORE, AGED ABOUT 58 YEARS, R/A PLOT NO. 511, SCHEME 13, NEAR KAMALA GANAPATHI TEMPLE, T.V. CENTRE, BELAGAVI DISTRICT - 590001

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SANTHOSH S SUNAGAR, S/O LATE SHYAMASUNDARA H SUNAGAR, AGED ABOUT 59 YEARS, R/A NO. 4842-A/55/L, 'NALINI SHYAM BUILDING', 1^ST MAIN, 2^ND CROSS, SADASHIVANAGARA, BELAGAVI DISTRICT-590001

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SHIVANAND S SUNAGAR, S/O LATE SHYAMASUNDARA H SUNAGAR, AGED ABOUT 55 YEARS, R/A NO. 4842-A/55/L, 'NALINI SHYAM BUILDING', 1^ST MAIN, 2^ND CROSS, SADASHIVANAGARA, BELAGAVI DISTRICT-590001

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KANCHAN V NAIK, W/O LATE VIJAYANAND S NAIK, AGED ABOUT 54 YEARS, C/O SHIVA G NAIK, 'NAIK BUILDING', DEENABANDHU COLONY, KARWAR ROAD, HUBLI, DHARWAD DISTRICT-580024

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SMT. SAVITHA P SESHAGIRI, W/O PARASHURAM M SESHAGIRI, AGED ABOUT 57 YEARS, R/A PLOT NO. 731, BUDA KANBARGI LAYOUT, RAMATHIRTHA NAGAR, BELAGAVI - 590 015

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SRI. M. JAYARAM, S/O LATE MUNIYAPPA,

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HC-KAR

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AGED ABOUT 78 YEARS, R/A NO. 1240, 'SHILPA', I STAGE, II PHASE, III MAIN, 8^TH CROSS, CHANDRA LAYOUT, VIJAYANAGARA, BENGALURU - 560 040

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…RESPONDENTS

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(BY SRI. M S NAGARAJA, ADVOCATE FOR 2-5 SRI. YOGESH D. NAIK, AGA FOR R1 SRI. FAYAZ SAB B.G., ADVOCATE FOR R6 (ABSENT) R7 - SD/-)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT QUASHING THE IMPUGNED JUDGMENT AND ORDER PASSED BY THE HONBLE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN CO-OP. REVISION NO. 23/2023 DTD 07.04.2025 FOUND AT ANNX-Y AND THE IMPUGNED ORDER PASSED BY R-1 IN DISPUTE NO. JRB/MD/111/2009-10 DTD 07.03.2023 FOUND AT ANNX-X AND ALLOW THIS WP AND ETC.,

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THIS WRIT PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE M G UMA

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ORAL ORDER

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The petitioners being the President and Secretary of Forest Officials Housing Co-operative Society Ltd., (for short 'the Society), have approached this Court seeking issuance of writ in the nature of certiorari to quash the order dated 07.04.2025 passed by the Karnataka Appellate Tribunal (for

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4 -

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NC: 2025:KHC:49784 WP No. 11578 of 2025

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HC-KAR

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short 'the KAT') produced as per Annexure - Y and also the order dated 07.03.2023 passed by respondent No.1 produced as per Annexure - K.

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Heard Sri. Raghavendra Rao K, learned counsel for the petitioners, Sri. M.S.Nagaraja, learned counsel for respondent Nos.2 to 5 and Sri. Yogesh D Naik, learned Additional Government Advocate for respondent No.1. Perused the materials on record.

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Learned counsel for the petitioners submits that Annexure - T is the amended petition filed by the contesting respondent before the Joint Registrar of Cooperative Societies (for short 'the JRCS') seeking declaration that the sale deed dated 10.02.2010 executed by the petitioners is bad and illegal and to set aside the same. Learned counsel for the petitioners submits that this relief cannot be granted by JRCS, as it is only the Civil Court, which can have jurisdiction to grant such relief. Hence, the impugned order passed by JRCS as well as by KAT are liable to be set aside.

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Learned Additional Government Advocate also submits that prayer (b-2) in Annexure - T is not maintainable

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5 -

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HC-KAR

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as the said relief cannot be granted by JRCS for which, contesting respondents have to approach the Civil Court. Accordingly, prays for passing appropriate orders.

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Learned counsel for respondent Nos.2 to 5, who are the contesting respondents contended that even though such a prayer as per Annexure -T was sought for with regard to the sale deed dated 10.02.2010, now he has filed an application to delete the said prayer and hence, the JRCS can consider regarding the other aspects of the matter, which is pending before him. Therefore, prays for dismissal of the petition.

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On perusal of the materials on record, it is seen that Annexure - K is the interim order passed by JRCS holding that the registered sale deed executed by respondent No.1 in favour of respondent No.4 is disputed and the same can be considered under Section 70 of the Karnataka Cooperative Societies Act (for short 'the KCS Act'). When the said order was challenged by filing a revision petition, the said revision under Section 107 of Societies Act was rejected and the order passed as per Annexure - X was confirmed. Being aggrieved by the same, the petitioners are before this Court.

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HC-KAR

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Admittedly, the matter is still pending consideration

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before JRCS. In the meantime, it is the contention of petitioners that in view of Section 101 (2)(b)(iv) of KCS Act, it is only the Civil Court which can have jurisdiction to declare that any registered sale deed is null and void and JRCS has no authority for the same. This position of law is not disputed by even the contesting respondents. However, learned counsel for respondent Nos.2 to 5 submits that even though there was a prayer to that effect sought in the dispute which is pending before JRCS, now he has filed an application to delete the said prayer and therefore, JRCS can consider regarding other aspects of the matter.

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This submission of learned counsel for the

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respondents is disputed by the petitioners.

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However, in view of the fact that dispute is still pending consideration before JRCS, I am of the opinion that the order passed by KAT is liable to be set aside with necessary direction to respondent No.1. Accordingly, I proceed to pass the following:

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HC-KAR

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ORDER

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(i) Writ petition is allowed .

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(ii) Impugned orders passed by the KAT, Bengaluru in Co-op.Revision No.23/2023 dated 07.04.2025 and by respondent No.1 - JRCS in Dispute No.JRB/MD/111/2009-10 dated 07.03.2023 are hereby set aside.

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(iii) The JRCS - Respondent No.1 is directed to consider the contentions of the parties and the jurisdiction of the Civil Court to declare any registered sale deed as null and void and proceed to decide the dispute pending before him in accordance with law.

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(iv) In view of the disposal of the main petition, pending IA No.2/2025 stands disposed of.

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SD/(M G UMA) JUDGE

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BH

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CT:VS

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List No.: 1 Sl No.: 12

The Forest Officials Housing Co. Operative Society Ltd. v. the Joint Registrar of Co. Operative Societies

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The Forest Officials Housing Co. Operative Society Ltd. v. the Joint Registrar of Co. Operative Societies

Case brief

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