Maldare Badaga Primary Agricultural Co-Operative Society Ltd. Vs the State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 12.09.2024 IN SERIAL IMPUGNED NO.SANI43:ADMINISTRATOR:SECTION64: 25:ENQUIRY:20204-25, PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-G AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner -Society is before this Court, seeking for the following reliefs:

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"a) To issue a writ of certiorari quashing the impugned order dated 12.09.2024 in Serial No: SaNi43: Administrator: Section64: 25: Enquiry

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3 -

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NC: 2025:KHC:28426 WP No. 2397 of 2025

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HC-KAR

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:2024-25, passed by the respondent No.3 vide Annexure G, in the interest of justice and equity.

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b) To issue a writ of mandamus directing the respondent No.3 to consider the un-numbered Surcharge Dispute dated 28.11.2023 filed by the petitioner under Section 69 of KCS Act, vide Annexure D, in the interest of justice and equity.

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c) Pass such other orders as may be appropriate in facts and circumstances of the case, in the ends of justice and equity."

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Vide order dated 12.09.2024 at Annexure G, proceedings had been initiated under Section 64 of the Karnataka Co-operative Societies Act, 1959 ('KCS Act' for short), charges have been framed, and petitioner - Society was called upon to reply to the said charges.

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It is challenging the said order at Annexure G, the petitioner-Society is before this Court.

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The submission of Sri. Sandesh T.B. learned counsel for petitioner-Society is that the Society had filed a Surcharge Dispute under Section 69 of the KCS Act as regards respondent No.5, which is

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4 - NC: 2025:KHC:28426 WP No. 2397 of 2025

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HC-KAR

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still pending consideration and until that, the enquiry under Section 64 of the KCS Act is required to be kept pending, since there is overlap of the allegations made against the Society as also

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the allegations made by the Society against respondent No.5.

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Learned AGA for respondents No.1 to 3 submits that the surcharge proceedings has been numbered as 6/2024, taken up for hearing and now the matter is posted on 29.07.2025 for final hearing.

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If that is so, it is for the petitioner-Society to address its arguments on that day without taking any adjournment and for the respondents to pass necessary orders on the same, as expeditiously as possible.

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It is observed that the same would not, in any manner, come in the way of the enquiry

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5 - NC: 2025:KHC:28426 WP No. 2397 of 2025

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HC-KAR

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proceedings being continued since the enquiry

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would take some more time and the same would not come in the way of the petitioner replying to the charges framed in the enquiry proceedings, which reply could be considered after the disposal of the surcharge proceedings under Section 69 of the KCS Act.

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Hence, I pass the following:

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ORDER

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i) The Writ Petition is partly allowed.

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ii) The respondent No.3 is directed to dispose of the surcharge proceedings bearing No.6/2024, as expeditiously as possible;

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iii) The submission of the learned counsel for the petitioner-Society that it would address its arguments on 29.07.2025 without seeking any adjournment, is placed on record;

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