Karnataka High Court
Devendra S/O Shekhar Kamble vs The Secretary on 26 September, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC-D:13491
WP No. 107142 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 26TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 107142 OF 2025 (CS-RES)
BETWEEN:
DEVENDRA S/O SHEKHAR KAMBLE,
AGE. 63 YEARS, OCC. KAMMAR WORK,
R/O. KAMMARSAAL, MYADAR STREET,
OLD HUBBALLI, HUBBALLI-580024.
...PETITIONER
(BY SRI. DINESH M.KULKARNI, ADVOCATE)
AND:
1. THE SECRETARY,
DHARWAD DISTRICT MEDHA
INDUSTRIAL AND CO-OP CREDIT SOCIETIES LTD.,
Digitally signed MYADAR ONI, OLD HUBBALLI, HUBBALLI-580024.
by SAROJA
HANGARAKI
Location: High 2. THE PRESIDENT,
Court of DHARWAD DISTRICT MEDHA
Karnataka,
Dharwad Bench, INDUSTRIAL AND CO-OP CREDIT SOCIETIES LTD.,
Dharwad
MYADAR ONI, OLD HUBBALLI,
HUBBALLI-580024.
3. SMT. RENUKA W/O KRISHNA KUNDGOL,
AGE. 54 YEARS, OCC. HOUSEHOLD,
R/O. MYADAR ONI, OLD HUBBALLI,
HUBBALLI-580024.
4. THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES
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WP No. 107142 of 2025
HC-KAR
BELAGAVI DIVISION-BELAGAVI-590001.
5. THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES,
DHARWAD DISTRICT-DHARWAD-580001.
...RESPONDENTS
(BY SRI. RAMESH B.CHIGARI, AGA FOR R4 AND R5;
SRI. NAYANAKUMAR, ADVOCATE FOR C/R3;
NOTICE TO R1 AND R2 ARE DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, 1) TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE
IMPUGNED JUDGMENT BEARING NO.JRL/B/DDS/541/2012-13
DATED 30.05.2015 VIDE ANNEXURE-N AND THE AWARD VIDE
ANNEXURE-N1 AND JUDGMENT PASSED BY THE KARNATAKA
APPELLATE TRIBUNAL, BENGALURU IN COP.APL-256/2015
DATED 22.01.2025 VIDE ANNEXURE-Q AS NULL AND VOID.
II) TO ISSUE ANY OTHER WRIT/ DIRECTION WHICH THIS
HON'BLE COURT DEEMS FIT UNDER THE FACT AND
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accepts notice for respondent Nos. 4 and
5. Sri Nayankumar, learned counsel who has filed
vakalat for respondent No. 3, accepts notice for the
said respondent. Notice to respondent Nos. 1 and 2 is
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dispensed with in view of the proposed order to be
passed.
2. The petitioner is before this Court seeking for the
following reliefs:
i) To issue a Writ in the nature of Certiorari quashing
the Impugned Judgment bearing
No.JRL/B/DDS/541/2012-13 dated 30.05.2015 vide
Annexure-N and the award vide Annexure-N1 and
Judgment passed by the Karnataka Appellate
Tribunal, Bengaluru in COP.APL-256/2015 dated
22.01.2025 vide Annexure-Q as null and void.
ii) To issue any other Writ/ direction which this Hon'ble
Court deems fit under the fact and circumstances of
the case in the interest of justice and equity.
3. The petitioner claims to have been allotted Site No.12
by the Dharwad District Medha Industrial and
Co-operative Credit Societies Ltd., in R.S. No. 19/1,
measuring 4 acre 35 guntas, situated at Krishnapur
Village, in a layout formed by the society. The total
sale consideration was ₹30,000/- out of which
₹5,000/- was paid on 26.05.2006. Since the sale deed
was not executed, the petitioner filed a dispute in
JRL.B.DDS.298/2012-13. In the meantime,
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Respondent No. 3 also claimed allotment of the same
Plot No.12 and filed a separate dispute in
JRL.P.TDS.541/2012-13, claiming to have paid
₹7,500/-.
4. Respondent No. 1 (the society) filed a memo seeking
clubbing of both disputes. However, Respondent No.5
passed an order allowing the dispute of Respondent
No. 3 without passing any order on the dispute filed by
the petitioner. The petitioner's appeal in COP
APL.No.256/2015 before the Karnataka Appellate
Tribunal was also dismissed.
5. It is undisputed that both the petitioner and
Respondent No.3 had filed separate claim petitions
with respect to the same site allotted by the same
society, but neither was made a party to the other's
dispute. Despite a memo having been filed by the
Society, which was aware of both matters for clubbing
both disputes, no such order was passed, and the
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matter filed by Respondent No. 3 was unilaterally
allowed.
6. This Court is of the view that once the existence of
competing claims over the same site was brought to
the notice of Respondent No. 5, both disputes ought to
have been clubbed and heard together, in order to
ensure a fair adjudication. Accordingly, the following:
ORDER
i. The writ petition is allowed.
ii. The order dated 30.05.2015 passed by the Assistant
Registrar of Co-operative Societies (Annexures-N &
N1) and the order dated 22.01.2025 passed by the
Karnataka Appellate Tribunal (Annexure Q) are set
aside.
iii. The matter is remitted to Respondent No. 5 for fresh
consideration, after clubbing both the disputes.
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iv. The matter shall be disposed of expeditiously,
preferably within a period of six months from the date
of receipt of a certified copy of this order.
v. Since the order is passed in the presence of both
parties, they are directed to appear before the
Assistant Registrar of Co-operative Societies on
08.10.2025 at 10:30 a.m., without requirement of
any further notice.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
VB
CT: UMD
