IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.1836 OF 2019 (GM-KSR) BETWEEN:
Muniswamy.K, S/o.Late Krishnappa, Aged about 50 years, President-Kumbara Sangha ® R/o. 2708, 7th Main Road, R.P.C.Layout, Vijayanagar, II Stage, Bengaluru-560 040. No.13, Kalasipalyam, New Extn., Bengaluru-560 002.
(By Sri.Amruthesh.N.P, Advocate) AND:
1. The State of Karnataka, Department of Co-Operation, M.S.Building, Bengaluru-560 001,, By Principal Secretary.
2. The Dy.Registrar of Co-Op. Societies, Zone-II, No.146, 8th Cross Road, Sahakara Soudha, Margosa Road, Malleswaram, Bengaluru-560 003.
… Petitioner 3. Asst. Commissioner of Police, Chickpet Sub-Division, Bengaluru City, Bengaluru-560 053.
4. Station House Officer, Kalasipalya Police Station, Bengaluru-560 053.
5. Kumbarara Sangha ® No.13, Kalasipalyam New Extn., Bengaluru-560 002, Rep. by its Secretary.
6. Sri.N.R.Mahanta Reddy, Asst. Commissioner of Police, Chickpet Sub-Division, Bengaluru City, Bengaluru-560 053.
7. Govinda.S, S/o.Sriramappa, Aged 43 years, (Claiming as the President of Kumbarara Sangha), No.46, 8th Cross, Agrahara Dasarahalli, Bengaluru-560 079.
8. Commissioner of Police, Bengaluru City, Infantry Road, Bengaluru-560 001.
… Respondents (By Sri.Devi Prasad Shetty, Advocate for R7; Smt.H.C.Kavitha, HCGP for R1 to R4 & R8) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the resolution passed on 4.10.2018 vide Annexure-E in the office of the R-3 under the heading of R-6 vide Annexure-E and etc., This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Sri. Amruthesh.N.P, learned counsel for the petitioner.
Sri.Devi Prasad Shetty, learned counsel for respondent No.7.
Smt.H.C.Kavitha, learned HCGP for respondent Nos.1 to 4 and respondent No.8.
The petition is admitted for hearing. With the consent of both parties, the same is heard finally.
2. In this petition, the petitioner seeks for a writ of certiorari for quashment of the resolution dated 04.10.2018, by which respondent No.7 has been appointed as the President of the Society in question.
3. When the matter was taken up today, learned counsel for the petitioner submitted that an enquiry under Section 25 of Karnataka Societies Registration Act, 1960 (hereinafter for brevity referred to as ‘the Act’) is pending before the Deputy Registrar of Co-operative Societies, Bengaluru. However, the aforesaid authority has heard the argument and is not passing any order and the writ petition be disposed of with a direction to the aforesaid authority to pass an order.
4. The aforesaid prayer has not been fairly opposed by the respondents.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the Deputy Registrar, Co- operative Society, Zone-II, Malleshwaram, Benglauru, to pass an order in respect of the enquiry pending under Section 25 of the Act, within a period of two weeks from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE dn/-