Karnataka High Court
Sri Annadurai K vs The Principal Secretary on 20 February, 2024
-1-
NC: 2024:KHC:7089
WP No. 19269 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 19269 OF 2021 (CS-RES)
BETWEEN:
SRI ANNADURAI K
S/O LATE KUPPUSWAMY,
AGED ABOUT 50 YEARS,
MEMBER OF BHARAT ELECTRONICS EMPLOYES
CO-OPERATIVE HOUSE BUILDING SOCIETY LTD (R).,
MEMBERSHIP NO 9939, DT 06-05-1998,
STAFF NO.209768, BEL FACTORY, JALAHALLI,
BENGALURU - 560 013.
...PETITIONER
(BY SRI M VEERABHADRAIAH, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION,
GOVERNMENT OF KARNATAKA,
Digitally
signed by M S BUILDING, BENGALURU - 560 001.
PRAMILA G V
Location: 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
HIGH COURT DEPARTMENT OF CO-OPERATION,
OF
KARNATAKA GOVT OF KARNATAKA, ALI ASKAR ROAD,
BENGALURU - 560 001.
3. THE JOINT REGISTRAR OF CO-OP SOCIETIES
RANGE-3, BENGALURU URBAN DISTRICT, NO 146,
SAHAKARA SOUDHA, 3RD FLOOR, 8TH CROSS,
ARGOSA ROAD, MALLESHWARAM,
BENGALURU - 560 003.
4. THE BHARAT ELECTRONICS EMPLOYEES
-2-
NC: 2024:KHC:7089
WP No. 19269 of 2021
CO-OPERATIVE HOUSE BUILDING SOCIETY (R),
HAVING OFFICE AT FIRST FLOOR BEL CO OP
SOCIETY JALAHALLI POST,
BENGALURU 560013, REP BY ITS DEO/ SECRETARY.
5. SRI ARAVINDA M A
S/O ANNAJIGOWDA, AGED ABOUT 38 YEARS
6. SRI KUMAR SELVAN P
S/O M POOSWAMY, AGED ABOUT 53 YEARS
7. SRI RAGHU M N
S/O NARAYANASWAMY,
AGED ABOUT 41 YEARS
8. SRI GOPINATH B S
S/O SUNDARAMURTHY A M,
AGED ABOUT 51 YEARS
9. SRI SANJEEV KUMAR V RAYABHAGI
S/O VENKUSA G RAIBAGH,
AGED ABOUT 52 YEARS
10. SRI AMRUTHRAJ K M
S/O LATE K MUNISWAMY,
AGED ABOUT 52 YEARS
11. SRI YELLAPPA DYAMANNAVAR
S/O DEVENDRAPPA DYAMANAVAR,
AGED ABOUT 39 YEARS
12. SRI GEETHA Y R
W/O LOKESH,
AGED ABOUT 47 YEARS
13. SRI ANITHA R ALVA
D/O Y A SHETTY,
AGED ABOUT 64 YEARS
14. SRI BYREGOWDA B
S/O PAPANNA,
AGED ABOUT 75 YEARS
-3-
NC: 2024:KHC:7089
WP No. 19269 of 2021
THE RESPONDENT NO.5 TO 14 ARE DIRECTOR OF
BHARAT ELECTRONICS EMPLOYEES CO OP HOUSE
BUILDING SOCIETY LTD (R) OFFICE AT FIRST
FLOOR, B E CO OP SOCIETY LTD, JALAHALLI,
BENGALURU - 560013.
15. SRI PANDURANG GARG,
FATHERS NAME NOT KNOWN TO THE PETITIONER,
AGED ABOUT 60 YEARS,
RETIRED JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, BANGALORE REGION, NO 2241,
ANJANE, 4A CROSS, HAMPINAGARA,
VIJAYANAGAR II STAGE, BENGALURU - 560 040.
16. SRI RANGANATH A B
S/O NOT KNOWN TO THE PETITIONER,
AGED ABOUT 41 YEARS, CHIEF EXECUTIVE OFFICER,
BHARAT ELECTRONICS EMPLOYEES H B C S LTD
(BEEEHBCSL) 1ST FLOOR, B E CO OPERATIVE
SOCIETY LTD, JALAHALLI, BENGALURU 560013
...RESPONDENTS
(BY SRI M SRINIVAS KUMAR, HCGP FOR R1-R3,
SRI GIRISH J, ADVOCATE FOR R4,
SRI DEVIPRASAD SHETTY, ADVOCATE FOR R5-R12 AND R14
SRI M S RUDRAIAH, ADVOATE FOR C/R13,
R15 SERVED, R16 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT THE DECISION MAKING PROCESS AT THE
HANDS OF R3 JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, BENGALURU REGION, BENGALURU, CULMINATED
UNDER THE IMPUGNED ORDER DATED 21.06.2021 IN CASE AS
PER ANNEXURE-AR IS VOID AND INVALID IN VIEW OF
SURROUNDED WITH LEGAL MALICE AND PERSONAL MALICE
AND IT IS AN OUTCOME OF A FRAUD AND ABUSE OF POWER
BY R3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES AND
QUASH THE SAME AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY THE COURT MADE THE FOLLOWING:
-4-
NC: 2024:KHC:7089
WP No. 19269 of 2021
ORDER
1. Heard Sri.Veerabhadraiah, the learned counsel
appearing for the petitioner, Sri.M.Srinivas Kumar, the
learned High Court Government Pleader appearing for
respondents No.1 to 3, Sri.Girish J., the learned counsel
appearing for respondent No.4, Sri.Deviprasad Shetty, the
learned counsel appearing for respondents No.5 to 12 and 14
and Sri.M.S.Rudraiah, the learned counsel appearing for
caveator/respondent No.13.
2. This petition is filed challenging the order dated
21.06.2021, wherein the petition filed under Section 29-C of
the Karnataka Co-operative Societies Act, 1959 (for short
'the Act of 1959') is dismissed. The present petitioner is the
petitioner in the said proceedings.
3. It is the contention of the learned counsel for the
petitioner that on 21.06.2021, the 15th respondent who
passed the impugned order was suspended on the ground of
charges of corruption. It is further submitted that on
21.06.2021, the petitioner waited upto 05:30 p.m. in the
NC: 2024:KHC:7089
office of the 15th respondent and the orders were not passed
on the petition under Section 29-C of the Act of 1959.
However, on 22.06.2021, the petitioner received the
communication through whatsapp stating that the petition
has been dismissed. It is his submission that since the 15th
respondent was suspended on 21.06.2021, the order could
not have been passed on merits.
4. It is also his submission that the case was not
heard on merits and on 17.06.2021, the application to recall
the witness was rejected and on the premise that the
plaintiff before the Authority failed to address the arguments
on merits, and the case was reserved for judgment on
21.06.2021. He would further submit that in case, the
argument was not addressed on merits, the petition could
not have been dismissed on merits, it should have been
dismissed for non-prosecution.
5. Since the petition was not heard on merits, the
order could have been passed on merits. Moreover, there is
a serious doubt as to whether the order was passed on the
NC: 2024:KHC:7089
date mentioned in it. On the very same day, the 15th
respondent is suspended. The petitioner has stated that till
05:30 p.m. orders are not pronounced. The said statement
in the petition is not controverted.
6. Hence, the following:
ORDER
(i) The Writ Petition is allowed.
(ii) The matter is remanded to consider the petition
afresh.
(ii) The parties shall appear before the 3rd respondent
on 12.03.2024 without awaiting notice.
(iii) All contentions are kept open.
Sd/-
JUDGE
GVP
