Sri Thippareddy R vs The State Of Karnataka
2023 Latest Caselaw 5321 Kant

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                                                      NC: 2023:KHC:27374
                                                         WP No. 16929 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 4TH DAY OF AUGUST, 2023

                                             BEFORE
                               THE HON'BLE MR JUSTICE R DEVDAS
                          WRIT PETITION NO. 16929 OF 2023 (CS-RES)


                   BETWEEN:

                   SRI. THIPPAREDDY R
                   S/O RAMAREDDY,
                   AGED ABOUT 51 YEARS,
                   MEMBER/ SHARE HOLDER,
                   AGRICULTURIST,
                   RESIDING AT
                   KARMASAMUDRAM VILLAGE AND HOBLI,
                   BANGARPET TALUK,
                   KOLAR DISTRICT - 563 114.
                                                                 ...PETITIONER
                   (BY SRI. R.P SOMASHEKHARAIAH, ADVOCATE)

Digitally signed   AND:
by JUANITA
THEJESWINI
Location: HIGH     1.    THE STATE OF KARNATAKA,
COURT OF
KARNATAKA                DEPARTMENT OF CO-OPERATIVE,
                         M. S. BUILDING,
                         BENGALURU - 560 001,
                         REPRESENTED BY ITS SECRETARY.

                   2.    THE DEPUTY REGISTRAR,
                         CO-OPERATIVE SOCIETIES,
                         KOLAR DISTRICT, KOLAR - 563 101.

                   3.    THE CO-OPERATIVE DEVELOPMENT OFFICER,
                         BANGARPET TALUK,
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                                     NC: 2023:KHC:27374
                                        WP No. 16929 of 2023




     BANGARPET - 563 114.

4.   THE CHIEF EXECUTIVE OFFICER,
     KAMASAMUDRAM VYAVASAYA,
     SEVA SAHAKARA SANGHA LTD.,
     KAMASAMUDRAM, BANGARPET TALUK,
     KOLAR DISTRICT - 563 114.

5.   THE RETURNING OFFICER,
     KAMASAMUDRAM VYAVASAYA,
     SEVA SAHAKARA SANGHA LTD.,
     KAMASAMUDRAM, BANGARPET TALUK,
     KOLAR DISTRICT - 563 114.
                                               ...RESPONDENTS
(BY SMT. A. R. SHARADAMBA, AGA FOR R1, R2 AND R5;
    SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R3)

      THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTICE WITH ANTI DATED 20.6.2023 BEARING NO.NIL,
ISSUED BY THE RESPONDENT NO.4 SOCIETY UNDER ANNX-C
AND ETC.,

      THIS   PETITION,    COMING     ON      FOR   PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:


                            ORDER

R.DEVDAS J., (ORAL):

Learned Additional Government Advocate is directed to

take notice for respondent Nos.1, 2 and 5.

NC: 2023:KHC:27374 WP No. 16929 of 2023

Sri. T.L.Kiran Kumar, learned counsel is directed to take

notice for respondent No.3.

Notice to respondent No.4 is not necessary for the

following reason.

The petitioner is aggrieved of the impugned notice dated

20.06.2023 at Annexure-C issued by the Chief Executive

Officer, Kamasamudram Vyavasaya Seva Sahakara Sanga

Limited. Learned counsel for the petitioner submits that the

petitioner is entitled to similar relief as was given to many

other writ petitioners, wherein this Court having noticed that

the list of ineligible voters are published without issuing

individual notices to the petitioner, held that such declaration of

disqualification cannot be sustained. This Court has held that

unless individual notices are issued to the member before

disqualification, the order of disqualification cannot be

sustained.

2. However, in the present case, this Court finds that in

the impugned notice, the petitioner is called upon to pay the

installments due to an extent of Rs.2,75,431/- on or before

21.07.2023, failing which, the petitioner will not be permitted

NC: 2023:KHC:27374 WP No. 16929 of 2023

to contest in the elections that are scheduled to be held on

14.08.2023.

3. Learned Additional Government Advocate submits that

this is a case where individual notice has been issued to the

petitioner, and therefore, the judgment sought to be relied

upon by the learned counsel for the petitioner is not applicable

to the facts and circumstances of the present case.

4. Learned Additional Government Advocate submits

that the petitioner should have approached the competent

authority questioning the impugned notice, if the petitioner

claims that he has been paying the regular installments to the

Society. However, learned counsel for the petitioner draws the

attention of this Court to Annexure-A and submits that the

petitioner has cleared the loan taken by the petitioner along

with the accrued interest and the Society has issued a

registered release deed and returned the original documents

pertaining to the secured assets and therefore, the petitioner is

not in any way due to pay to the respondent-Bank.

5. Having heard the learned counsel for the petitioner,

learned Additional Government Advocate and on perusing the

NC: 2023:KHC:27374 WP No. 16929 of 2023

petition papers, this Court is of the considered opinion that the

petitioner is required to approach the competent authority

raising a dispute, since disputed questions of fact cannot be

considered under the writ proceedings. However, it should be

observed that if the petitioner is able to convince the

competent authority in the dispute raised at the hands of the

petitioner with all the necessary documents, the competent

authority may pass interim orders enabling the petitioner to

contest in the elections.

With these observations, the writ petition stands disposed

of.

Sd/-

JUDGE

rv CT: BHK