IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.33063/2018 & WRIT PETITION NOS. 38447- 464/2018 (CS-RES) BETWEEN:
1. SRI K SUBRAMANYA BHAT S/O LATE MAHALINGA BHAT AGED ABOUT 55 YEARS, NO.5 1ST CROSS, NAGAPPA REDDY LAYOUT NEAR ITI LAYOUT, B.NARAYANAPURA BANGALORE-560016 2. SRI R S RAMAHCANDRAN AGED ABOUT 66 YEARS, S/O LATE R SUBRAMANIAM NO.39 F3 NAVNEETH APARTMENT, 7TH B CROSS,NHCS LAYOUT, PLAN 2, GOVINDARAJA NAGAR BANGALORE-560079 3. SMT MEENAKSHI S AGED ABOUT 73 YEARS W/O SRI SRIDHARA NO.39, F3 NAVNEETH APARTMENT, 7TH B CROSS NHCS LAYOUT, PLAN 2, GOVINDARAJA NAGAR BANGALORE-560079 4. SRI RATNAKAR HEGDE AGED ABOUT 54 YEARS, S/O SRI BANGARESHWAR HEGDE NO.341, D ROAD 2ND PHASE IDEAL HOME TOWNSHIP R R NAGAR BANGALORE-560098 5. SMT B BHARATHI AGED ABOUT 44 YEARS, W/O SRI SANJAY B PATIL NO.472, MUJKAMBIKA TUNAI 10TH G MAIN ROAD,75 E CROSS RAJAJINAGAR 6TH BLOCK BANGALORE-560010 6. SRI H S SHIVARAM AGED ABOUT 74 YEARS, S/O LATE H SRIKANTAIAH NO.1370, 2ND MAIN ROAD, KRISHNAMURTHYPURAM MYSORE-570004 7. SMT SAVITHA NAGESH AGED ABOUT 54 YEARS W/O SRI H N NAGESH NO.430, 2ND STAGE, RAJAJINAGAR 6TH MAIN, MALLESWARAM WEST BANGALORE-560055 8. SRI K RAMNATH AGED ABOUT 63 YEARS, S/O SRI K R KRISHNASWAMY IYER NO.232, 14TH CROSS, 5TH MAIN M C LAYOUT, VIJAYANAGAR BANGALORE-560040 9. SMT SAKHU BAI AGED ABOUT 71 YEARS, W/O SRI K S KARNIC NO.951, E 8TH A MAIN 15TH CROSS, IDEAL HOMES LAYOUT R R NAGAR, BANGALORE-560098 10. DR K SOMANTH AGED ABOUT 57 YEARS S/O SRI K R KRISHNASWAYIYER NO.232, 14TH CROSS, 5TH MAIN M C LAYOUT VIJAYANAGAR BANGALORE-560040 11. SMT RATHNAMMA AGED ABOUT 68 YEARS, W/O SRI C MALLESHAIAH NO.1335, 7TH CROSS, 8TH MAIN 3RD STAGE,BEML LAYOUT RAJA RAJESHWARI NAGAR BANGALORE-560098 12. SMT S LAKSHMI AGED ABOUT 66 YEARS, W/O LATE E R SAMPATH KUMAR NO.801, 5TH CROSS, 4TH BLOCK,BANGALORE-560034 13. SMT NANIDNI VIBHU AGED ABOUT 48 YEARS, W/O SRI N R CHANNANANJUNDARAYA VIBHU NO.681, VIBHU NIKETHAN 11TH B MAIN II BLOCK RAJAJINAGAR,BANGALORE-560010 14. SMT SHARADA AGED ABOUT 46 YEARS, W/O SRI C DEVARAJ NO.850, SRINAGAR B S K I STAGE, 1ST BLOCK BANGALORE-560050 15. SRI S B RAMAMURTHY AGED ABOUT 68 YEARS, S/O SRI A N SHIVARAM IYER NO.12, 18TH CROSS, MALLESHWARAM BANGALORE--560055 16. SRI H K ANANTHARAM AGED ABOUT 73 YEARS, S/O LATE KRISHNASWAMY IYENGAR NO.52, 4TH MAIN ROAD, AGS LAYOUT RMV EXTENSION BANGALORE-560054 17. SRI SUBHASHCHANDRA SHABI KAMAT S/O LATE SRI SHABI KRISHNA KAMAT AGED ABOUT 67 YEARS, NO.919 ASHIRWAD 5TH CROSS, VIAJYA BANK LAYOUT SUNDARAM SHETY NAGAR BILEKAHALLI BANGALORE-560076 18. SMT PARIMALA V PRASAD AGED ABOUT 66 YEARS, W/O SRI A S VENKATESHA PRASAD RESIDING AT NO.325, 6TH CROSS, CANARA BANK COLONY, NAGARABHAVI ROAD BANGALORE-560072 19. SRI V RAMACHANDRAN AGED ABOUT 77 YEARS, S/O SRI R VENKATARAMAN RESIDING AT NO.150, 5TH CROSS, 6TH BLOCK, B S K 3RD STAGE, 3RD PHASE BANGALORE-560085. ... PETITIONERS (By Sri. Y V PRAKASH, ADV.) AND 1. THE JOINT DIRECTOR OF CO OPERATIVE SOCIETIES BANGALORE,SAHAKARA SOUDHA NO.146, 3RD MAIN, 8TH CROSS, MARGOSA ROAD MALLESWARAM BANGALORE-560003 2. VISHWABHARATHI HOUSE BUILDING CO OPERATIVE SOCIETY LTD NO.35, RATHNAVILAS ROAD BASAVANAGUDI BANGALORE-560 004 REPRESENTED BY ITS PRESIDENT SRI B UMAMAHESHWAR 3. SRI H LANKAPPA AGED ABOUT 83 YEARS, S/O LATE HANUMANTHAPPA EARLIER RESIDING AT NO.2156 3RD MAIN ROAD, RPC LAYOUT HAMPE NAGAR VIJAYANAGAR BANGALORE AND RESIDING AT NO.191, 7TH A MAIN, 18TH CROSS, 3RD BLOCK 4TH STAGE, BASAVA PARK BASAVESHWARANAGAR BANGALORE-560079 4. SMT NANJAMMA AGED ABOUT 74 YEARS, W/O SRI H LANKAPPA EARLIER RESIDING AT NO.2156 3RD MAIN ROAD, RPC LAYOUT HAMPE NAGAR VIJAYANAGAR BANGALORE AND RESIDING ATN O.191, 7TH A MAIN, 18TH CROSS, 3RD BLOCK 4TH STAGE, BASAVA PARK BASAVESHWARANAGAR BANGALORE-560079. .. RESPONDENTS (By Sri.A.K.VASANTH, AGA FOR R1 SRI ALWIN SEBASTIAN, ADV. FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN THE COURT OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE AND SET ASIDE THE ORDER DATED 03.04.2018 AS PER ANNEXURE-H AND ORDER DATED 02.06.2018 AS PER ANNEXURE-J PASSED BY THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES, BANGALORE IN CASE NO.JRB/DIS/2/2017-18 AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners herein are unsuccessful applicants in proceedings bearing No.JRB/DIS/2/2017-18 pending on the file of the 1st respondent in this proceeding.
2. Admittedly, the said proceedings before the 1st respondent is at the instance of 2nd respondent – Vishwabharathi House Building Co-operative Society under Section 69 of the Karnataka Co-operative Societies Act, 1959 against respondents 3 and 4 in this proceeding. In the said proceeding, petitioner who is 2nd respondent herein is said to have sought for surcharge proceedings against respondent 3 and 4 contending that there is misappropriation of Rs.1,03,71,506 received by them from the society. It is in this background they have sought for attachment of schedule A and B properties in the said proceedings. It is also stated that the said properties are included in formation of sites by the 2nd respondent and said to have been sold to various members of the society. The petitioners herein have filed an application to get themselves impleaded in the said proceedings which is rejected by the 1st respondent by its order dated 03.04.2018 which is at Annexure-H to this proceedings, which is sought to be challenged in these petitions. While doing so they have also challenged the order of attachment dated 02.06.2018.
3. In any event, the correctness or otherwise of the same cannot be gone into by conducting any enquiry in this writ jurisdiction. Therefore, this Court is of the considered opinion that the present writ petitions so far as it pertains to Annexure-H is to be considered by quashing the said order, the application filed by the petitioners thereof is allowed and they are permitted to participate in the proceedings which is pending on the file of R-1 in JRB/Dis/2/2017-18. In the said proceedings, whether their presence is necessary or not, can be opposed by the petitioner/society by producing necessary documents in the course of trial that would be conducted in the said proceeding. So far Annexure-J is concerned, it is stated that the said order has already been quashed by this Court. Even otherwise it does not arise for consideration. Hence, these writ petitions are confined to Annexure-H.
With such observations these writ petitions are disposed of.
Sd/- JUDGE brn