IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S. N. SATYANARAYANA WRIT PETITION NOS.34504-34505/2017 (CS-RES) BETWEEN:
1. KETHAMARANAHALLI HOUSE BUILDING COOPERATIVE SOCIETY LTD., HAVING ITS REGISTERED OFFICE AT NO.125, WEST OF CHORD ROAD, SHARADA COLONY BASAVESWHARANAGAR BENGALURU - 560079 REPTD BY ITS SECRETARY 2. THE PRESIDENT, KETHAMARANAHALLI HOUSE BUILDING COOPERATIVE SOCIETY LTD., NO.125, WEST OF CHORD ROAD SHARADA COLONY , BASAVESHWARANAGAR BENGALURU - 560079 ... PETITIONERS (BY SRI G. CHANDRASEKHARAIAH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPTD BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF COOPERATION GOVERNMENT OF KARNATAKA 6TH FLOOR, M S BUILDING DR B.R. AMBEDKAR VEEDHI, BENGALURU 560001 2. THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, BENGALURU REGION PAMPAMAHAKAVI ROAD , CHAMARAJPET, BENGALURU - 560018 3. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, ZONE-2, BENGALURU URBAN DISTRICT NO.32, 2ND FLOOR, KARNATAKA STATE COOPERATIVE FEDERATION BUILDING, RACE COURSE ROAD BENGALURU - 560001 4. THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, NORTH RANGE, BENGALURU URBAN DISTRICT NO.32, 2ND FLOOR, KARNATAKA STATE COOPERATIVE FEDERATION BUILDING RACE COURSE ROAD, BENGALURU - 560001 ... RESPONDENTS (BY SRI A.K. VASANTH, GA FOR R1 TO R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2 ON 23.09.2016 AT ANNX-A, CONSEQUENTLY QUASH THE ENQUIRY NOTICE ISSUED BY THE R-3 ON 29.09.2016 VIDE ANNX-B.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners, the Secretary and President of Kethamaranahalli House Building Co-operative Society Limited have come up in this proceedings impugning the order dated 23.09.2016 passed by respondent No.2 in proceeding No.JRB/Section-64/21/2016-17 and also the notice issued pursuant to said order which is dated 29.09.2016 by respondent No.3 in proceeding No.DRB- C/Section-64/01/2016-17, which are at Annexure-A and B, respectively.
2. Admittedly, the petitioners -Society represented by its Secretary, is a House Building Co-operative Society which is constituted for the purpose of formation of residential layout to the benefit of its members. In running the said Society, there appears to be serious irregularities committed by the President and Secretary of the said Society which has resulted in a proceeding bearing No.JRB/Section 64/21/2016-17 being initiated by respondent No.2, JRCS, where a direction is issued for conducting enquiry against the said persons under Section 64 of the Karnataka Co- operative Societies Act, 1959 and to conduct the same, one Mr. N. Venkatesh who is Assistant Registrar of Co-
operative Societies, 2nd Division, Bengaluru is appointed as Enquiry Officer who, in pursuance of the said order, has issued Annexure-B.
3. When the entire material available on record is looked into, this Court finds that no grounds are made out to interfere with the said process. Accordingly the writ petitions are dismissed.
4. However, dismissal of this writ petition will not take away the rights of the petitioners to oppose the same on all possible legal grounds available to them.
5. With such option open to them, these writ petitions are dismissed.
Sd/- Judge RD