IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.32760/2013 (CS-RES) BETWEEN 1. KEMPARAJ V R, S/O LATE V RAMAIAH, AGED ABOUT 57 YEARS, R/O 109, 5TH CROSS, RAILWAY PARALLEL ROAD, YESWANTTHPURA, BANGALORE-560022.
2. N APPAYANNA, S/O NARAYANAPPA, AGED ABOUT 62 YEARS, R/O NO.983, VIJANAPURA, DOORAVANINAGAR, BANGALORE-560016. ... PETITIONERS (BY SRI DEVI PRASAD SHETTY, ADVOCATE) AND 1. REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKER ROAD, BANGALORE -560 001.
2. ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI AKER ROAD, BANGALORE -560 001.
3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE DIVISION, PAMPA MAHAKAVI ROAD, CHAMARAJPET, BANGALORE-560018.
4. I T I HOUSING CO-OPERATIVE SOCIETY LTD, DOORAVANINAGAR, BANGALORE-560 016, BY ITS SECRETARY.
5. SHRI NAGARAJ.M, S/O NOT KNOWN TO THE PETITIONERS, MAJOR, #100, 1ST CROSS, SRI LAKSHMI VENKATESHWARA TEMPLE STREET, CAUVERY LAYOUT, NAGARABHAVI MAIN ROAD, BANGALORE-560040. ... RESPONDENTS (BY SRI LAXMINARAYAN, AGA FOR R1 TO R3 SRI G.F.HUNASIKATTIMATH, ADVOCATE & SRI M.S.RUDRAIAH, ADVOCATE FOR R4 – ABSENT SRI G.CHANDRASHEKARAIAH, ADVOCATE FOR R5 –ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.5.2.2013, PRODUCED AT ANNEXURE-F, PASSED BY THE R2, & ANNEXURE-G, DT.30.4.2013, PASSED BY THE R2 AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners herein are challenging Annexure-F dated 5.2.2013 in Appeal No.ANI(V&E)D2:DAP/11/2012-13 on the file of Additional Registrar of Co-operative Societies, Bengaluru, in rejecting their application filed by them seeking to get themselves impleaded in said proceeding which is initiated suo moto based on their complaint. They are also impugning the order dated 30.4.2013 vide Annexure-G passed in aforesaid proceedings in allowing the appeal filed by appellant therein, 5th respondent in this proceedings.
2. The brief facts leading to this writ petition are that petitioners 1 and 2 were former Director and former President of 4th respondent – ITI Housing Co-operative Society Limited. The 5th respondent in this proceeding was also one of the Directors of 4th respondent. A proceeding was initiated against him under Section 29(c) of the Karnataka Co-operative Societies Act, 1959 (‘the Act’ for short), in No.JRB/Dava/Sec.29(c)/10/2011-2012 on the file of 3rd respondent – Joint Registrar of Co-operative Societies, wherein in addition to various allegations against 5th respondent, it is also alleged that he has illegally obtained allotment of a larger site measuring 40x60 feet which is said to have been carved out of the area meant for civic amenity purpose. The said proceeding which was initiated against him based on the complaint filed by petitioners herein under Section 29(c) of the Act, culminated in final order dated 30.4.2013 vide Annexure-G.
3. It is seen that even before the final order vide Annexure-G was passed, when the said proceeding was still under progress, the petitioners herein have filed an application seeking to get themselves impleaded in said proceeding. The said application is rejected relying on the judgment rendered by the Division Bench of this Court reported in 1998(6) KARLJ 557. It is seen that after dismissing the impleading application, the proceeding vide Annexure-G is also disposed of subsequently in the month of April. Thereafter, the present writ petition is filed in contending that a serious error is committed by 2nd respondent - Additional Registrar of Cooperative Societies in not considering their application for impleading as well as absolving 5th respondent of all the charges leveled against him.
4. Heard the learned counsel for petitioners as well as learned Additional Advocate General for respondent Nos.1 to 3. So far as respondent Nos.4 and 5 are concerned, though they are represented by counsel, none appeared in this matter to assist this Court. After hearing the learned counsel for parties, this Court find that rejection of petitioners prayer to get themselves impleaded in the proceedings before Additional Registrar of Co-operative Societies is just and proper for the reason that they filed the application when the proceeding was substantially progressed and no further additional evidence or pleading was required to be added by them to consider the complaint which was already in progress. In that view of the matter, this Court find that the same cannot be subject matter of this proceeding and the same cannot be interfered with by this Court. Accordingly, challenge to order dated 5.12.2013, vide Annexure – F cannot be sustained.
5. Now coming to the final order dated 30.4.2014, vide Annexure-G which is passed in the proceeding before Additional Registrar of Co-operative Societies, admittedly petitioners herein are not the parties to said proceedings and the finding given in said proceeding will have to be challenged by 4th respondent and it is not open for the petitioners to challenge the same inasmuch as they being not parties to said proceedings. Therefore, this Court feel that question of interference with the final order also does not stand to reason. Accordingly, this writ petition is dismissed.
Sd/- JUDGE nd/-