Deavaraju M Vs the State of Karnataka

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1 - NC: 2025:KHC:50807 WP No. 19147 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19147 OF 2025 (GM-KSR)

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BETWEEN:

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DEAVARAJU M S/O MOPURAPPA AGED ABOUT 61 YEARS R/O FLAT NO. 1406, BLOCK 3 BHAAMAGIRI, BDA APARTMENT MALAGALA VILLAGE, NAGARBHAVI BENGALURU-560072.

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K.N.NANDEESHAIAH S/O LATE NANJUNDA SHETTY AGED ABOUT 64 YEARS R/O KONANNAKERA, KOPPA POST GUBBI TALUK, TUMKUR-572216

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…PETITIONERS

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(BY SRI.M SHIVAPRAKASH, ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKASA SOUDHA BENGALURU -560 001. REP. BY ITS PRINCIPAL SECRETARY.

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REGISTRAR OF COOPERATIVE SOCIETIES NO 1, ALI ASKER ROAD BENGALURU-560001.

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (ICDP) NO 1, ALI ASKER ROAD BENGALURU- 560001.

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DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/DISTRICT REGISTRAR TUMKURU SUB-DIVISION TUMKURU DISTRICT-572101.

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2 - NC: 2025:KHC:50807 WP No. 19147 of 2025

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HC-KAR

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SRI.KUMBARA SANGHA NO.1865, 1ST A CROSS SIDDAGANGA LAYOUT B.H.ROAD, TUMKURU-572101 REPRESENTED BY ITS SECRETARY (RESPONDENT NO. 5 SOCIETY IS REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT-1960)

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…RESPONDENTS

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(BY SRI.B RAVINDRANATH, AGA FOR R1 TO R4: SRI SATISH M DODDAMANI, SENIOR COUNSEL FOR SRI. D NAGARAJA, ADVOCATE FPR C/5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASH THE MEETING NOTICE DATED: 01/06/2025 ISSUED BY THE RESPONDENT NO PRODUCED AS ANNEXURE AB AND ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE R1 AND 4 TO APPOINT AN ADMINISTRATOR TO THE R5 SOCIETY BY CONSIDERING THE REPRESENTATION AT ANNEXURE AC DATED: 16/06/2025 AND ANNEXURE AD DATED: 16/06/025 AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioners are before this Court seeking for the

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following reliefs:

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15. Issue a writ in the nature of certiorari quashing the meeting notice dated 01/06/2025 issued by the respondent no produced as Annexure AB.

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I) Issue a writ in the nature of mandamus directing the respondent no 1 and 4 to appoint an administrator to the respondent no 5 society by considering the representation at Annexure AC dated 16/06/2025 and Annexure AD dated 16/06/2025.

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3 - NC: 2025:KHC:50807 WP No. 19147 of 2025

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HC-KAR

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II) Issue a writ in the nature of mandamus directing the respondents no 1 to appoint an administrator to the respondent no 5 as per the communication dated 04-11-2023 of the respondent no.4 sent to the joint registrar i.e respondent no 3 as per Annexure-K.

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III) Issue a writ in the nature of mandamus directing the respondents no 1 to appoint and administrator to the respondent no 5 as per the communication made the

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respondent no. 4 DRCS to the respondent no 3 along with the enquiry report recommending for appointment of administrator as per Annexure R.

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IV) Issue such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued

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This Court vide its order dated 21.08.2025 had categorically observed that the elections having taken place and the Managing Committee having been elected unanimously and unopposed had called upon the counsel for the petitioner to make his position clear as regards the other prayer since the first prayer seeking quashing the notice for the meeting held on 01.06.2025 had been rendered infructuous.

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Learned counsel for the petitioners today submits that the copy of the Observer's report is required to be furnished to the petitioner, and then the stand would be taken.

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4 - NC: 2025:KHC:50807 WP No. 19147 of 2025

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HC-KAR

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I am unable to accept the said submission of learned counsel for the petitioners inasmuch as the Observer's report, which had been submitted as regards the election which took place, and that the same having been accepted by this Court, the question of the further reliefs which have been sought for appointment of an Administrator cannot be countenanced. As such, the elections having taken place and the Managing Committee having been elected, the question of appointment of an Administrator would not arise. The

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petition stands dismissed .

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If the petitioner were so advised, the petitioner could always file necessary proceedings to challenge the elections.

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SD/(SURAJ GOVINDARAJ) JUDGE

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PRS List No.: 1 Sl No.: 75

Deavaraju M v. the State of Karnataka

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Deavaraju M v. the State of Karnataka

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