IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.857/2019 (GM-KSR) BETWEEN:
The Karnataka State Government Fair Price Shop Dealers’ Association (R), T.B.Extension, Nagamangala Town, Mandya District-571 432, Rep. by its President, Sri.T.Krishnappa, S/o. Thimmaiah, Aged 62 years, (Senior citizen not claimed) … PETITIONER (By Sri.M.B.Chandrachooda, Adv.) AND:
1. The State of Karnataka, By its Secretary to Government, Department of Co-Operation, M.S.Building, Dr.Ambedkar Veedhi, Bengaluru-01.
2. The Registrar of Co-Op. Societies, No.1, Ali Askar Road, Vasanthnagar, Bengaluru-560 052.
3. The Deputy Registrar of Co-Op. Societies & Registrar of Societies, 1st Cross, Subhashnagar, Mandya District, Mandya-571 401.
4. The Co-Operative Development Officer, Malavalli Taluk, Malavalli, Mandya District-571 430.
5. The Assistant Registrar of Co-Operative Societies, Pandavapura Sub-Division, Pandavapura, Mandya District-571 434. …RESPONDENTS (By Sri.V.Shivareddy, HCGP; Sri.B.S.Jeevan Kumar, Adv., On I.A.1/19 for impleading [NOC]) ******* This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 02.01.2019 passed by respondent No.1 vide Annexure-F, etc.
This Writ Petition coming on for Orders along with I.A.1/19 and I.A.2/19 this day, the Court made the following:-
ORDER Sri.M.B.Chandra Chooda, learned counsel for the petitioner.
Sri.V.Shivareddy, learned High Court Government Pleader, for the respondents.
Petition is admitted for hearing. With consent of learned counsel for the parties, same is heard finally.
2. In this petition, the petitioner has assailed the validity of the order dated 02.01.2019 passed by respondent No.1 by which an Administrator has been appointed to supervise the affairs of the petitioner - society.
3. Facts giving rise to filing of the writ petition briefly stated are that the proceedings were initiated under the provisions of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as 'the Act' for short), for non filing of annual returns within the stipulated time limit. Petitioner responded to the notice issued to it by filing a reply dated 06.10.2018 in which it was stated that failure in non filing of annual returns in time was due to former secretary of the society who is now removed. However, no enquiry as envisaged under S.27-A(1)(c) of the Act was conducted and Administrator was appointed by an order dated 02.01.2019. In the aforesaid background, the petitioner has approached this Court.
4. Learned counsel for the petitioner submitted that the impugned order is procedurally ultravires as it is not preceded by an enquiry under S.27-A(1)(c) of the Act. On the other hand, learned Government Advocate fairly submitted that the impugned order is not preceded by an enquiry as contemplated under the aforesaid provision.
5. I have considered the submissions made by the learned counsel for the parties.
6. In view of the fact that the impugned order dated 02.01.2019 appointing an Administrator to supervise the affairs of the society has been passed in violation of the provisions of S.27-A(1)(c) of the Act and has not been preceded by an enquiry, the same cannot be sustained in the eye of law. It is accordingly quashed. However, respondent No.1 shall be at liberty to take appropriate action in accordance with law.
Let the aforesaid exercise be carried out within a period of three months from the date of receipt of a certified copy of the order passed today, after affording an opportunity of hearing to all necessary parties.
Accordingly writ petition is disposed of.
In view of the disposal of the main petition, pending interlocutory applications do not survive for consideration.
Sd/- JUDGE sac*