IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.19414/2012 (CS-RES) BETWEEN SMT. BHAGYAMMA, AGED ABOUT 60 YEARS, W/O N. SHIVALINGAIAH, R/AT NO.1096/7, 7TH CROSS, " A " BLOCK, SAHAKARANAGAR, BANGALORE-92. ... PETITIONER (BY SRI D.K.SRIRAMAPPA, ADVOCATE) AND :
1. THE STATE OF KARNATAKA, REP. PRINCIPAL SECRETARY, CO-OPERATION DEPARTMENT, MULTISOTRIED BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-01.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BANGALORE-52 3. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, (CONSUMER & MARKETING), NO.1, ALI ASKAR ROAD, BANGALORE-52.
4. THE MANAGING DIRECTOR, KARNATAKA STATE CO-OP MARKETING FEDERATION LTD., NO.8, CUNNINGHAM ROAD, BANGALORE-52 ... RESPONDENTS (BY SRI LAXMINARAYAN, AGA FOR R1 TO R3 SRI T.SRINIVASAN, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.28.4.2012 PASSED BY THE R3 IN PETITION BEARING NO.A(C&M) DIS/D4/MISC/02/11 VIDE ANNEXURE-D, AND ENDORSEMENT DTD.31.5.2012 ISSUED BY THE R2 IN APPEAL BEARING NO.RCS/D1/CR/16/12-13 VIDE ANNEXURE-E AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is impugning the endorsement dated 31.5.2012 vide Annexure-E in proceeding No.RCS/DIS/D- 1/CR/16/2012-13 in rejecting the appeal filed by her.
2. It is seen that the appeal filed by petitioner herein is challenging the order dated 28.4.2012 in No.(C&M)DIS/D- 4/MISS/2/2011-12 passed by the Additional Registrar (Consumer and Marketing), Bengaluru, under Section 111(2) of the Karnataka Co-operative Societies Act, 1959 (‘the Act’ for short), in permitting prosecution against the petitioner herein for having sold the property, which was subject matter of attachment for realization of the amount misappropriated by her husband Sri.Shivalingaiah, which is to the tune of Rs.1,36,40,671.81/-.
3. Heard the learned counsel for the petitioner, the learned Additional Government Advocate for respondent Nos.1 to 3 and learned counsel for respondent No.4. Perused the material on record.
4. Admittedly, in the proceeding which was initiated in surcharge No.SUR.1/1996-97 under Section 69 of the Act against one Sri.N.Shivalingaiah it was alleged that he has utilized the amount which was misappropriated by him in purchasing a property in the name of his wife Smt.Bhagyamma, who is petitioner herein. Therefore, in the said surcharge proceeding the property which was purchased in the name of petitioner herein was subjected to attachment. It is stated that when said attachment order was in force the petitioner herein has conveyed the property in question in favour of one Sri.K.Lokanathan s/o M.Karupaiah Pillai by sale deed dated 10.12.1999 for a valuable consideration of Rs.13,10,000/-. This illegal transaction by petitioner herein has come to the notice of 4th respondent herein, the applicant in No.(C&M)DIS/D- 4/MISS/2/2011-12 in the month of March 2010. Thereafter, 4th respondent initiated said proceedings, wherein on verification of the alleged transaction, the authorities under the Act have taken decision to initiate criminal prosecution against the petitioner herein under Section 111(1) of the Act, which was subject matter of appeal before 2nd respondent, who in turn rightly rejected the appeal by the impugned order. Further, it is stated that criminal prosecution initiated against the petitioner herein is under challenge. In that view of the matter, this Court find that no justifiable grounds are made out to entertain this writ petition.
Accordingly, this writ petition is dismissed.
Sd/- JUDGE nd/-