IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.45913/2018 AND WRIT PETITION Nos.57706-57707/2018 (CS – RES) BETWEEN:
1. B.K.PARTHASARATHY S/O B.KRISHNA BHAT AGED ABOUT 53 YEARS R/AT No.2/1, J.P. ROAD 1ST PHASE, GIRINAGAR BENGALURU-560085.
2. THARA W/O SUNDARESH AGED ABOUT 57 YEARS R/AT No.20, 4TH MAIN 5TH A CROSS, GIRINAGAR 1ST PHASE BENGALURU-560085.
3. Dr. B.K.VISHWANATH S/O B.KRISHNA BHAT AGED ABOUT 51 YEARS R/AT No.399, J.P. ROAD 1ST PHASE, GIRI NAGAR BENGALURU-560085. ... PETITIONERS [BY SRI KRISHNEGOWDA.AD., ADV.] AND:
1. THE PRINCIPAL SECRETARY TO THE GOVT. OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES 5TH FLOOR, M.S. BUILDINGS Dr. B.R.AMBEDKAR ROAD BENGALURU-560001.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, No.1, ALI ASGAR ROAD BANGALORE-560052.
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES II ZONE, BANGALORE URBAN DISTRICT. No.32, 2ND FLOOR RACE COURSE ROAD BANGALORE-560001. …RESPONDENTS [BY SRI A.K.VASANTH, AGA FOR R-1 TO R-3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PROVIDE NECESSARY COPIES OF THE DOCUMENTS SOUGHT BY THE PETITIONERS AS PER ANNEXURE-B TO MEET THE PROCEEDING PENDING BEFORE THE JRB AND TO FURNISH THE DETAILS AS MENTIONED IN THE PARAGRAPH No.5 OF THE WRIT PETITION.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3.
2. The petitioners have sought for a mandamus directing the respondents to provide necessary copies of the documents sought by the petitioners to meet the proceedings pending before the Joint Registrar of Co-operative Societies, Bangalore, in case No.JRB/SUR/4/2012-2013.
3. The petitioners have contended that they have been arrayed as respondent Nos.3, 5 and 4 respectively in the proceedings before the respondent No.3 initiated by the Society – M/s. Vishwabharathi House Building Co-operative Society Ltd,. No.35, Rathnavilas Road, Basavanagudi, Bangalore under Section 69 of the Co-operative Societies Act, 1959 whereby the above said Society sought to initiate surcharge proceedings against the respondent No.1 therein for recovery of misappropriated funds in total of Rs.28,78,45,000/- with interest at the rate of 18% p.a., from the date of liability to the date of payment of recovery and for other consequential reliefs.
4. It is further submitted that the petitioners are neither the members of the said Society nor office bearers of the Society to invoke the provisions of Section 69 of the Societies Act against them. The petitioners being not aware of the facts and circumstances of the proceedings pending before the Joint Registrar of Co-operative Societies, Bangalore, in respect of the requested the respondent No.3 to furnish certain documents to meet the proceedings and the same not having been responded to, the petitioners are constrained to file these writ petitions.
5. It is obvious that the petitioners have approached this Court without availing the alternative and efficacious remedy available under the law. The petitioners seeking a writ of mandamus merely on the ground that the respondent No.3 has not responded to the notice issued through their counsel dated 07.02.2018 would not be a ground to invoke the writ jurisdiction. The petitioners ought to have invoked the law applicable, in the circumstances of the case.
Hence, in the circumstances, the writ petitions stand dismissed with liberty to the petitioners to resort to appropriate proceedings in accordance with law, if so advised.
Sd/- JUDGE NC.