Karnataka High Court
Harsha B Ratnakar vs The State Of Karnataka And Ors on 6 March, 2026
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2026:KHC-K:2180
WP No. 202482 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 202482 OF 2022 (GM-KSR)
BETWEEN:
SRI HARSHA B.RATNAKAR
S/O BHARATH RATHNAKAR,
AGE ABOUT 37 YEARS,
R/O: NO.2-907/48A RATHNAKAR BUILDING,
ANANDA NAGAR, KALABURAGI - 585 105.
...PETITIONER
(BY SRI SIDHARTH BABURAO, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION,
M.S BUILDING, BANGALORE - 560 001.
2. THE DISTRICT REGISTRAR OF SOCIETIES,
BIDAR - 585 401.
Digitally signed by
VARSHA N 3. THE ENQUIRY OFFICER
RASALKAR
Location: HIGH AND CO-OPERATIVE INSPECTOR,
COURT OF OFFICE OF THE ASSISTANT DIRECTOR OF
KARNATAKA
CO-OPERATIVE SOCIETY,
BIDAR DISTRICT - 585 401.
...RESPONDENTS
(BY SMT MAYA T.R., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO
A) ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI
AND QUASH THE ORDER OF RESPONDENT NO.2 DATED 17.12.2018
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NC: 2026:KHC-K:2180
WP No. 202482 of 2022
HC-KAR
VIDE NO.UONIBI/VI3/VICHARANE/DARU/2018-19/1440 AT
ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY.
B) ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI
AND QUASH THE ENQUIRY REPORT DATED 13.08.2020 AT
RD
ANNEXURE-A PASSED BY THE 3 RESPONDENT, IN THE INTEREST
OF JUSTICE AND EQUITY.
C) ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.3 CONSIDER THE
REPRESENTED DATED 06.02.2022 TO PASS ENQUIRY REPORT AFTER
AFFORDING OPPORTUNITY SUBMIT RELEVANT DOCUMENTS AND
PLEA HIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
D) KINDLY ISSUE ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTIONS TO THE RESPONDENTS IN CONSIDERATION OF THE
FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF
JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioner is before this court seeking for the following reliefs:
a) Issue a writ or order in the nature of certiorari and quash the order of respondent No.2 dated 17.12.2018 vide No.UoNiBI/Vi3/Vicharane/Duru/2018-19/1440 at Annexure-B, in the interest of justice and equity or
b) Issue a writ or order in the nature of certiorari and quash the enquiry report dated 13.08.2020 at -3- NC: 2026:KHC-K:2180 WP No. 202482 of 2022 HC-KAR Annexure-A passed by the 3rd respondent, in the interest of justice and equity. And
c) Issue a writ order or direction in the nature of mandamus directing the respondent No.3 consider the representation dated 06.02.2022 to pass enquiry report after affording opportunity submit relevant documents and plea his case, in the interest of justice and equity. AndKindly issue any other appropriate writ, order or directions to the respondents in consideration of the facts and circumstances of the case, in the interest of justice.
2. The submission of the learned counsel for the petitioner is that, principles of natural justice have been utterly violated by respondents. When the matter was taken up on 24.07.2020, adjournment was granted for 15 days. Again on 14.08.2020, the adjournment was granted to 24.08.2020 and considering the absence of the petitioner on that day, the impugned order was passed in his absence. His further submission is that, the said proceedings was during COVID-19 pandemic and the request for time which had been made by the petitioner was to secure documents from the office of the Registrar, situated in Bengaluru. Since there was restriction to Travel, the petitioner could not travel to Benglauru to secure the papers and produce it before the respondents.
3. The submission made by the learned counsel for the petitioner deserves merit, in as such, when penal orders are required to be passed, necessary and adequate opportunity to defend the same is required to be granted. It cannot be disputed that July and August 2020 were -4- NC: 2026:KHC-K:2180 WP No. 202482 of 2022 HC-KAR during COVID-19 pandemic and there was certain restrictions on travel. These aspects ought to have been considered in a humane manner by respondent No.3, which has not been done.
4. Hence, I proceed to pass the following:
ORDER
i) The writ petition is allowed.
ii) A certiorari is issued, the order dated 31.08.2020 at Annexure-A is quashed.
iii) The matter is remitted to respondent No.3 for fresh consideration.
iv) Since the order is passed in the presence of the counsel for the petitioner, the petitioner shall appear before respondent No.3 without requirement of any further notice on 18.03.2026 at 2.30 p.m. and place all the documents that petitioner wishes to rely upon for consideration by respondent No.3.
v) It is made clear that, if the documents are not placed on record by 18.03.2026, the benefit of the above order will stand automatically be rescinded.
Sd/-
(SURAJ GOVINDARAJ) JUDGE THM/List No.: 1 Sl No.: 41