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.99/2019 (CS – RES) BETWEEN:
M.CHANDRASHEKARA S/O LATE M.P.MAHADEVAPPA AGE 51 YEARS R/AT MAIN ROAD MUGUR VILLAGE T. NARSHIPURA TALUK MYSORE DISTRICT-571124. ... PETITIONER [BY SRI MAHESH.C.M., ADV.] AND:
1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETY, M.S. BUILDING BANGALORE-01 REP BY ITS PRINCIPAL SECRETARY.
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DIVISION PALACE OFFICE BUILDING MYSORE-570001.
3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DIVISION SAYYAJI RAO ROAD MYSORE-570001.
4. M.S.KIRAN S/O LATE M.P.SHANTMURTHY AGED ABOUT 32 YEARS R/AT MUGUR VILLAGE T NARSHIPUR TALUK MYSORE DISTRICT-571124. …RESPONDENTS [BY SRI A.K.VASANTH, AGA FOR R-1 TO R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE NOTICE DATED 28.11.2018 ISSUED BY THE RESPONDENT No.3 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, PRODUCED HEREWITH AS ANNEXURE-A AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the notice dated 28.11.2018 issued by the respondent No.3 – Assistant Registrar of Co-operative Societies as well as the proceedings initiated by the respondent No.4 under Section 29[c] of the Karnataka Co-operative Societies Act, 1959 ['Act' for short] dated 13.11.2018 by the respondent No.3.
2. Learned counsel for the petitioner has filed a memo along with the copy of the order sheet relating to the proceedings in No.CS41/Viyzza/29c/02/2018-19 filed by the respondent No.4.
3. It is the grievance of the petitioner that parallel proceedings have been initiated by the respondent No.3, in issuing the notice impugned at Annexure-A.
4. The said contention cannot be countenanced for the reason that the notice dated 28.11.2018 is issued in the same proceedings initiated pursuant to the application filed by Sri.M.S.Kiran S/o Late M.P.Shanthamurthy, under section 29[c] of the Act; the petitioner is called upon to participate in the said proceedings. Nextly, the certified copy of the order sheet now placed on record indicates the pendency of the said proceedings initiated under Section 29[c] of the Act.
5. In such circumstances, it cannot be held that the parallel proceedings are initiated by the respondent No.3 in addition to the proceedings initiated under Section 29[c] of the Act, pursuant to the application filed by Sri.M.S.Kiran. Writ petition is misconceived.
It is for the petitioner to participate in the proceedings now pending before the respondent No.3 and defend the matter.
The writ petition is devoid of merits and stands dismissed.
Sd/- JUDGE NC.