IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.21987/2017 (CS-RES) BETWEEN:
1. SRI G. P. NARAYANAPPA S/O SRI G. T. PARAMESHWARAPPA AGED ABOUT 53 YEARS HELPER BASAVESHWARA MEDICAL COLLEGE AND HOSTEL, JMIT CAMPUS CHITRADURGA - 577501 R/AT MATADA KURUBARAHALLI POST NEAR ANJANEYA TEMPLE CHITRADURGA – 577502.
2. SRI H. S. SIDDARAMA SWAMY S/O SRI H. SIDDALINGAPPA AGED ABOUT 60 YEARS LIBRARIAN, SJMIT CHITRADURGA - 577502 R/AT VIDYANAGARA CHITRADURGA – 577502.
(BY SRI. SRIKANTH M.P. - ADVOCATE) AND:
1. THE STATE OF KARNATAKA … PETITIONERS BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION M. S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE- 560001.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO 1, ALI ASKER ROAD, BANGALORE- 560023.
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CHITRADURGA – 577502.
4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES CHITRADURGA – 577502.
5. THE SECRETARY SJM HOUSE BUILDING CO-OPERATIVE SOCIETY CHITRADURGA - 577502 HAVING ITS REGISTERED OFFICE AT BANK COLONY, TURUVANOOR ROAD CHITRADURGA – 577501 [AMENDED VIDE ORDER DATED 8.3.2019] 6. THE PRESIDENT SJM HOUSE BUILDING CO-OPERATIVE SOCIETY BANK COLONY, TURUVANOOR ROAD CHITRADURGA – 577501.
[AMENDED VIDE ORDER DATED 8.3.2019] 7. SJM HOUSE BUILDING CO-OPERATIVE SOCIETY HAVING ITS REGISTERED OFFICE AT BANK COLONY, TURUVANOOR ROAD CHITRADURGA-577501 BY ITS SECRETARY.
[IMPLEADED VIDE ORDER DATED 8.3.2019] ...RESPONDENTS (BY SRI. A. K. VASANTH – GOVT. ADV. FOR R1 TO R4; SHRIYUTHS KUMAR AND BHAT, ADVOCATES FOR R5 AND R6) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the order dated 23.03.2017 in No. DRD/DAVA-70-01/2016-17 passed by the 3rd respondent vide Annexure-AD and also for consequential relief or any other appropriate order which this Court deems fit in the facts of the case.
This writ petition coming on for Orders along with I.A. Nos.1/18, 2/18, 3/18 and 1/19 this day, the Court made the following:
ORDER In this writ petition, petitioners who are claiming themselves to be the members of the 7th respondent – Society are seeking quashing of order dated 23.03.2017 passed by 3rd respondent in Proceedings No.DRD/DAVA- 70-01/2016-17 and also for consequential relief.
2. Learned counsel for the petitioners submits that petitioners are members of the society as could be seen in the Members’ List which is prepared prior to conducting election to the said society for the period 2015- 2020. The said list is prepared on 07.03.2015 wherein the names of the petitioners are shown at Serial Nos.79 and 80 respectively. The case of the petitioners is that subsequent to the said members’ list so prepared, they even contested in the election held to the said society and were defeated. However, prevailing animosity among rival candidates resulted in the names of petitioners being left out in the seniority list which is prepared subsequently in the month of September, 2015. The greivance of the petitioners is that from out of 288 sites available to the said society, 119 sites are already allotted in favour of various members and they being senior members, till date sites have not been allotted to them. The said anomaly was challenged by the petitioners before the 3rd respondent, by initiating case in proceedings No.DRD/DAVA-70-01/2016-17. Learned counsel submits that in the said proceedings, petitioners also filed an interim application seeking a direction to the respondents therein not to allot any site / sale deed etc. till the matter is decided before the 3rd respondent. On 23.03.2017, the 3rd respondent has rejected the interim application of the petitioners inter alia holding that in the list which was produced by the society before the 3rd respondent, the names of petitioners were not found. It is that order which is sought to be challenged in these writ proceedings.
3. The impugned order passed by the 3rd respondent cannot be sustained in as much as Annexure-B (Members’ list) would indicate that as on 07.03.2015, petitioner Nos.1 and 2 are members of the 7th respondent. The order of the 3rd respondent dated 23.03.2017 is quashed and consequently the matter is remanded to the 3rd respondent to reconsider the matter in accordance with law within 60 days from the date of receipt of a copy of this order. In the said proceedings, the Deputy Registrar of Co-operative Societies shall also verify whether the seniority list which is prepared and finalised by the 7th respondent – Society is after following due process of law, and whether any sites are allotted and sold in favour of its members even before the seniority list of the original members is prepared should be looked into and if so, it is needless to say that such allotment should be set aside by the Deputy Registrar of Co-operative Societies.
4. In the meanwhile, until the dispute before the 3rd respondent is decided, there shall not be finalisation of any list and there shall not be any allotment in favour of the members of the society and it is needless to say that no sale deed shall be registered in favour of any member from this day till the proceedings before the 3rd respondent is concluded pursuant to the aforesaid direction issued by this Court.
With the aforesaid observation, the writ petition is disposed of.
In view of the disposal of the writ petition, all pending applications i.e. I.A. Nos.1 to 3 of 2018 and I.A. No.1 of 2019 do not survive for consideration.
Sd/- JUDGE sac*