IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.23663/2017(CS-RES) BETWEEN SRI SIDDE GOWDA.P S/O PUTTASWAMY GOWDA AGED ABOUT 30 YEARS SECRETARY/EXECUTIVE OFFICER HAROKOPPA MILK PRODUCERS CO-OPERATIVE SOCIETY HAROKOPPA VILLAGE-571511 CHANAPATNA TALUK RAMANAGRA DISTRICT (BY SRI RAJAGOPAL M.R, ADVOCATE) AND 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA SUB - DIVISION RAMANAGARA-571 511 2 THE MANAGER B.B.R & R.D.C.C BANK LTD., CHANNAPATNA BRANCH CHANNAPATNA RAMANAGAR DISTRICT-571 511 3. THE PRESIDENT HAROKOPPA MILK PRODUCERS CO-OPERATIVE SOCIETY ... PETITIONER HAROKOPPA VILLAGE CHANNAPATNA TALUK RAMANAGARA DISTRICT-571511 4. THE CO-OPERATIVE DEVELOPMENT OFFICER CHANNAPATNA TALUK CHANNAPATNA RAMANAGARA DISTRICT-571511 ... RESPONDENTS (BY SRI LAXMINARAYAN, AGA FOR R1, SRI N.SHIVAKUMAR, ADVOCATE FOR R2, SRI S.PRAKASH SHETTY, ADVOCATE FOR R3 R4 –SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REPORT DTD.12.4.2017 SUBMITTED BY THE R-4 VIDE ANNEXURE-K THE COMMUNICATION DTD.18.5.2017 INTERSE BETWEEN R-1 & 2 VIDE ANNEXURE-N AND ALSO THE COMMUNICATION DATED 18.5.2017 OF THE R-1 VIDE ANNEXURE-P AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS ON I.A. THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein who is said to be secretary of 3rd respondent – Harokoppa Milk Producers Co-operative Society has come up in this writ petition challenging the report of 4th respondent with reference to conducting of business in 3rd respondent society as well as the communication between 1st respondent and 2nd respondent with reference to Secretary’s right to operate the bank account of 3rd respondent and also with reference to communication of 1st respondent to other members of the society with reference to their right to seek prosecution of petitioner.
2. The sum and substance of dispute between petitioner and 4th respondent whose report is under challenge is with reference to certain irregularities said to have committed by petitioner pursuant to which criminal prosecution is said to have been launched against him by registering FIR No.33/2017 before Channapatna Rural Police. In this background, this Court find that since the proceedings sought to be challenged in this petition already being seized in WP.Nos.24005 and 24006/2017 (GM-RES) nothing survives for consideration at present in this matter with reference to the right of petitioner to operate bank account and other procedures are concerned. The parties are at liberty to approach the Assistant Registrar of Co- operative Societies if necessary.
3. Accordingly, for the present this petition which is filed challenging the report of 4th respondent as well as the communication between 1st and 2nd respondent is hereby closed by disposing of the same.
Sd/- JUDGE nd/-