Sri Mahadevaiah Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri Mahadevaiah Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to respondent No.2 (Joint Registrar of Co-operative Societies, Bengaluru Region) to consider the petitioner's complaint filed on 26.08.2021 (Annexure-B) and pass such order as is necessary in accordance with law within four weeks from receipt of the certified copy of the order. The remaining prayers (enquiry u/s 64, final order u/s 68, criminal proceedings, proceedings u/s 29-C, treatment as a s.70 dispute with s.71 interim powers, and restraint on alienation of respondent No.3's properties) were not separately adjudicated.

Issue for consideration

Whether respondent No.2-Joint Registrar was obliged to consider and pass orders on the petitioner's complaint dated 26.08.2021 (Annexure-B) alleging discrepancies in the functioning of respondent No.3-Society, and whether the Court should direct an enquiry u/s 64, treatment as a dispute u/s 70 with interim orders u/s 71, further action u/s 68/29-C KCS Act, and/or restraint on alienation of society properties.

Court's answer

Whenever any complaint or representation is submitted to respondent No.2 (Joint Registrar of Co-operative Societies), it is required for respondent No.2 to consider the said complaint and pass necessary orders within a reasonable time in accordance with law.

Ratio / Principle

Since the complaint of 26.08.2021 had not been considered, respondent No.2 was directed to consider the petitioner's complaint dated 26.08.2021 at Annexure-B and pass such order as is necessary in accordance with law within a period of four weeks from the date of receipt of the certified copy of the order.

Detailed headnote1 paragraphs

Writ of mandamus under Article 226 of the Constitution of India by an Ex-Vice President and member of Bharat Electronics Employees Co-operative Society Ltd. seeking directions to respondent No.2, Joint Registrar of Co-operative Societies, Bengaluru Region, to act upon his complaint/dispute dated 26.08.2021 (Annexure-B) alleging discrepancies in the functioning of respondent No.3, Bharat Electronic Home Building Co-operative Society Ltd.: initiation of enquiry u/s 64 of the Karnataka Co-operative Societies Act, 1959, passing of final order under Section 68 of the KCS Act, 1959, initiation of criminal proceedings against the office bearers and proceedings u/s 29-C of the KCS Act, 1959; alternatively, treating the complaint as a dispute filed u/s 70 of the Karnataka State Cooperative Societies Act, 1959 with interim orders u/s 71, and restraining alienation or transfer of respondent No.3's properties otherwise than by allotment to members strictly per seniority of site applicants. HELD: whenever any complaint/representation is submitted to respondent No.2, it is required to consider the said complaint and pass necessary orders within a reasonable time in accordance with law; the same not having been done, the writ petition stands disposed of with a direction to respondent No.2 to consider the complaint dated 26.08.2021 and pass necessary orders in accordance with law within four weeks from receipt of the certified copy of the order.

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NC: 2025:KHC:24301 WP No. 9645 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 9645 OF 2025 (CS-RES)

BETWEEN:

SRI MAHADEVAIAH S/O MADEGOWDA, AGED ABOUT 69 YEARS, R/A NO. 195, 7^TH CROSS, BAPUJI LAYOUT, VIJAYANAGAR, BANGALORE-560 040.

EX- VICE PRESIDENT AND MEMBER, BHARAT ELECTRONICS EMPLOYEES CO-OPERATIVE SOCIETY LTD, 1^ST FLOOR, BEL., JALAHALLI POST, BENGALURU-560013.

…PETITIONER

(BY SMT. B V VIDYULATHA., ADVOCATE)

AND:

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU 560001. BY ITS PRINCIPAL SECRETARY.

JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU REGION, SAHAKARA SOUDHA, NO. 143, 3^RD FLOOR, 3^RD MAIN ROAD, 8^TH CROSS, MARGOSA ROAD, MALLESWARAM, BENAGLURU-560040.

BHARAT ELECTRONIC HOME BUILDING CO-OPERATIVE SOCIETY LTD 1^ST FLOOR, B E L.,

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NC: 2025:KHC:24301 WP No. 9645 of 2025

HC-KAR

JALAHALLI, BENGALURU-560013. BY ITS CHIEF EXECUTIVE OFFICER. REG UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT.

…RESPONDENTS

(BY SRI. YOGESH D. NAIK., AGA FOR R1 & R2; SRI. DEVIPRASAD SHETTY., ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER SIMILAR WRIT OR IN THE ALTERNATIVE AN ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.2 JOINT REGISTRAR TO INITIATE AN ENQUIRY U/S 64 OF KARNATAKA COOPERATIVE SOCIETIES ACT 1959 UPON THE ALLEGATIONS MADE BY THE PETITIONER IN HIS COMPLAINT/DISPUTE DATED 26.08.2021 AND THEREAFTER TAKE ALL ACTION POSSIBLE ACTIONS AVAILABLE UNDER LAW INCLUDING PASSING OF FINAL ORDER UNDER SECTION 68 OF KCS ACT, 1959, INITIATION OF CRIMINAL PROCEEDINGS AGAINST THE OFFICER BEARERS OF THE RESPONDENT NO.3 SOCIETY AND INITIATION OF PROCEEDING U/S 29-C OF KCS ACT, 1959 ETC.(OR IN THE ALTERNATIVE) AND ETC.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

The petitioner is before this Court seeking for the

following reliefs:

a. Issue a writ of mandamus or any other similar writ or in the alternative an order or direction directing the Respondent No.2-Joint Registrar to initiate an enquiry u/s 64 of Karnataka Co-operative Societies Act, 1959 upon the allegations made by the Petitioner in the Complaint/Dispute dated 26.08.2021 at Annexure-B and thereafter take all action possible actions available under law

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NC: 2025:KHC:24301 WP No. 9645 of 2025

HC-KAR

including passing of final order under Section 68 of KCS Act, 1959, initiation of criminal proceedings against the officer bearers of the Respondent No.3Society and initiation of proceeding u/s 29-C of KCS Act, 1959 etc.,

(or in the alternative)

b. Issue a writ of mandamus or any other similar writ or order or Direction directing the Respondent No.2-Joint Registrar to consider the Complaint/Dispute made by the Petitioner on 26.08.2021 at Annexure-B to the writ petition as a dispute filed u/s 70 of the Karnataka State Cooperative Societies Act, 1959 and to take all actions possible under law including passing of interim orders exercising powers u/s 71 of Karnataka Co-operative Societies Act, 1959.

c. Issue a writ of mandamus or any other similar writ or order or direction directing the Respondent No.3-Society not to alienate or transfer properties belonging to the Respondent No.3-Society except by making allotment to its members strictly following the list of seniority of site applicants.

d. Pass such other orders that this Hon’ble Court deems fit in the facts and circumstances of the case and in the interest of justice and equity.

The petitioner alleges that there are certain discrepancies in the functioning of respondent No.3 and as such, a complaint dated 26.08.2021 had been submitted, despite which no action has been taken. In that background, the aforesaid reliefs have been sought for.

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NC: 2025:KHC:24301 WP No. 9645 of 2025

HC-KAR

Whenever any complaint/representation is submitted to respondent No.2, it is required for the respondent No.2 to consider the said complaint and pass necessary orders within a reasonable time in accordance with law. Same not having been done, I pass the following:

ORDER

i. The writ petition stands disposed .

ii. Respondent No.2 is directed to consider the compliant filed by the petitioner on 26.08.2021 at Annexure-B and pass order as necessary in accordance with law within a period of four weeks from the date of receipt of certified copy of this order.

Sd/(SURAJ GOVINDARAJ) JUDGE

LN List No.: 1 Sl No.: 116