IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.23760/2017 (GM-KLA) BETWEEN:
THE PRESIDENT PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMITA, BENNAYAKANAHALLI, TIPTUR TALUK, TUMKUR DISTRICT, REPRESENTED BY SRI MOHAN K.R., AGED ABOUT 48 YEARS, S/O SRI D RAJASHEKARAIAH, R/AT KALLEGOWDANAPALYA, TIPUR TALUK, TUMKUR DISTRICT-572102 (BY SRI. RAKSHITHA D J, ADV.) ... PETITIONER AND:
1. THE KARNATAKA LOKAYUKTA REP. BY ITS SUPERINTENDENT OF POLICE, BEHIND MINI VIDHANA SOUDHA, TUMKUR-572102.
2. THE DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETIES 2ND FLOOR, MINI VIDHANA SOUDHA, TUMKUR-572102.
3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES ST.MARRY’S SCHOOL ROAD, GANDHI NAGAR, TUMKUR-572102 4. SRI R H BASAPPA EX SECRETARY OF PRATHAMIKA, KRUSHI PATTINA SAHAKARA SANGHA NIYAMITA, R/AT RAMASHETTIHALLI VILLAGE, K.G PALYA POST, TIPTUR TALUK, TUMKUR DIST.-572102 ... RESPONDENTS (BY SRI A C BALARAJ, HCGP. FOR R2 & R3 SRI B S PRASAD, ADV. FOR R1 R4 IS SERVED) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT R-1 TO RELEASE THE SEIZED DOCUMENTS AND ACCOUNT BOOKS MENTIONED AT SL.NO.1 TO 27 OF THE MAHAZR DATED 26.2.2014 AT ANNEX-B TO WRIT PETITION AND DIRECT R-1 TO ISSUE CERTIFIED COPIESK OF ALL THE DOCUMENTS AND ACCOUNT BOOKS MENTIONED AT SL.NO.1 TO 27 OF THE MAHAZAR DATED 26.2.2014 AT ANNEX-B1 TO W.P. FOR ENABLING THE PETITIONER TO AUDIT THE ACCOUNTS OF THE SOCIETY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court seeking issue of mandamus to direct the first respondent-Lokayukta Police, Tumkuru to release the seized documents and Account Books mentioned at Sl.Nos.1 to 27 of the Mahazar dated 26.02.2014 produced at Annexure-B to the petition. In the alternative, the petitioner has sought that a direction be issued to provide certified copies of all the documents as referred to above.
2. Respondent No.1 initiated action against respondent No.4 based on certain allegations. In the process of investigation, the documents relating to the Society have been seized by respondent No.1. The petitioner who is the President of the said Society is presently before this Court seeking that the documents relating to the Society which have been seized be made available to them so as to enable them to comply with the statutory requirements for the purpose of auditing and submitting the Returns to the competent authority. Since the request of the petitioner was not considered, the petitioner is before this Court.
3. Learned counsel representing respondent No.1 would submit that the investigation on being completed, the charge sheet has been filed on 21.06.2016 before the Special Court, Tumkuru in Special C.C.No.196/2016. In that view, it is submitted that the documents not available with respondent No.1, the prayer made in this petition would not survive.
4. In that light, having taken note of the fact that the documents are presently available before the Special Court in Special C.C.No.196/2016, the petitioner is granted the liberty of filing an appropriate application in the said Court seeking for issue of certified copies of the documents as referred to in the instant petition. If such application is filed by the petitioner, the Competent Court shall take note of the same and issue certified copies to the petitioner in accordance with law.
In terms of the above, the petition stands disposed of.
Sd/- JUDGE hrp/bms