H S Shivashankar vs the State of Karnataka

H S Shivashankar vs The State of Karnataka

Type Court Judgment Court Karnataka Decided Jul 31, 2025

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Citation: sooperkanoon.com/1753843
Court: Karnataka High Court
Judge: R. Nataraj
Decided On: Jul 31, 2025
Case Number: WP/22982/2025

Parties & Advocates

Appellant / Petitioner

H S Shivashankar

Respondent

The State of Karnataka

Excerpt

.....dated th 08.01.2025 vide annexure-e of the 4 respondent liquidator for recalling the order of liquidation of the 5th respondent bank and etc. this petition, coming on for preliminary hearing, this day, order was made therein as under: coram: hon'ble mr. justice r. natarajoral orderthe petitioners contend that they are all members of the respondent no.5, which was ordered to be liquidated in terms of an order dated 14.12.2021. accordingly, the joint registrar of co-operative societies was appointed as liquidator, who upon holding proceedings, and reassessing the financial position of respondent no.5 recommended to the state government to take steps for converting the respondent no.5 into a co-operative society by recalling the order of liquidation. he also recommended to recall the order of liquidation of the respondent no.5. the petitioners are therefore before this court seeking for a direction to be issued respondent nos.1 to 3 to consider the report of the liquidator and pass appropriate orders. -5-2. the learned counsel for the petitioners reiteratedthe above contentions and submitted that the respondent nos.1 to 3 are under duty to consider the recommendation of the respondent no.4, more particularly in view of the reassessment of the financial position of the respondent no.5.3. the learned additional government advocate submitted that the committee was already constituted to look into the recommendation made by the liquidator/respondent no.4.4. in view of the aforesaid submission, this writpetition deserves to be disposed off, with a direction to the respondent nos.1 to 3 to consider the recommendation of the respondent no.4 dated 08.01.2025 and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order. sd/- (r. nataraj) judge bkn/list no.: 1 sl no.: 31

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 22982 OF 2025 (CS-RES) BETWEEN:
1. H.S SHIVASHANKAR S/O H. SHIVAPPA, AGED ABOUT 57 YEARS, NO.218, 3RD MAIN, P J EXTENSION, DAVANAGERE-577 002. MEMBERSHIP NO. 2959
2. A. BASETTAPPA S/O A. CHANNAVEERAPPA, AGED ABOUT 65 YEARS, R/A K. BEVINAHALLI, BANNIKODU POST, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 516. MEMBERSHIP NO. 2813
3. H.S. ARAVIND

Digitally signed by S/O H. SHIVAPPA, SUMA AGED ABOUT 55 YEARS, Location: HIGH NO.66, NERALU, 1ST MAIN, COURT OF 1ST BLOCK, DOLLORS COLONY, KARNATAKA RMV 2ND STAGE, BANGALORE - 560 094.

4. M.G. PARAMESHWARAGOWDA S/O SIDDANAGOWDA, AGED ABOUT 57 YEARS, R/A HOLESIRIGERE, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 516. MEMBERSHIP NO. 1006 -2-

5. P.M. PUTTASWAMY S/O MANACHARI, AGED ABOUT 55 YEARS, NO.172, 'C' BLOCK, RAMANAGARA, DAVANAGERE 577 005. MEMBERSHIP NO. 3384

6. M. ESHWARAPPA S/O SHIVARUDRAPPA, AGED ABOUT 68 YEARS, R/A KUNEBELAKERE, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 601. MEMBERSHIP NO. 2850

7. M. KUBERAPPA S/O M. MALLAPPA, AGED ABOUT 71 YEARS, NO.1815/9, 6TH CROSS, 'A' BLOCK, S.S. LAYOUT, DAVANAGERE-577 004. MEMBERSHIP NO. 3284

8. S. ONKARAPPA S/O SHAMBANNA, AGED ABOUT 61 YEARS, RA NO.1820/58, 'A' BLOCK, 6TH CROSS, S.S. LAYOUT, DAVANAGERE - 577 004. MEMBERSHIP NO. 2968

9. H.H. NAGARAJ S/O H. HANUMAGOWDA, AGED ABOUT 46 YEARS, NO.320, BANNIKODU, HARIHARA TALUK, DAVANAGERE DISTRICT-577 516. MEMBERSHIP NO. 609

10. G.A. VIJAYKUMAR S/O G.P. AJITH KUMAR, AGED ABOUT 69 YEARS, NO.3674/16P, KUVEMPU NAGARA, M.C.C 'B' BLOCK, PISALE THOTA, -3- DAVANAGERE - 577 004. MEMBERSHIP NO.3319 …PETITIONERS (BY SRI YOGESH, ADVOCATE FOR SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001.

2. THE PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE 560 001.

3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, BANGALORE-560 051.

4. THE LIQUIDATOR KARNATAKA RAJYA KAIGARIKA VANIJYA SAHAKARA BANK NIYAMITHA, NO.11, BULL TEMPLE ROAD, BANGALORE-560 004.

5. THE CHIEF EXECUTIVE OFFICER KARNATAKA RAJYA KAIGARIKA VANIJYA SAHAKARA BANK NIYAMITHA, NO.11, BULL TEMPLE ROAD, BANGALORE-560 004. …RESPONDENTS (BY SRI. HARISHA A.S, AGA FOR R1 TO R3 AND R4; VIDE ORDER DATED 31.07.2025, NOTICE TO R5 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE DIRECTION IN THE SIMILAR NATURE TO THE RESPONDENT NO.1 TO 3 TO PASS -4- APPROPRIATE ORDERS ON THE RECOMMENDATION DATED TH 08.01.2025 VIDE ANNEXURE-E OF THE 4 RESPONDENT LIQUIDATOR FOR RECALLING THE ORDER OF LIQUIDATION OF THE 5TH RESPONDENT BANK AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioners contend that they are all members of the respondent No.5, which was ordered to be liquidated in terms of an order dated 14.12.2021. Accordingly, the Joint Registrar of Co-operative Societies was appointed as Liquidator, who upon holding proceedings, and reassessing the financial position of respondent No.5 recommended to the State Government to take steps for converting the respondent No.5 into a Co-operative Society by recalling the order of liquidation. He also recommended to recall the order of liquidation of the respondent No.5. The petitioners are therefore before this Court seeking for a direction to be issued respondent Nos.1 to 3 to consider the report of the Liquidator and pass appropriate orders. -5-

2. The learned counsel for the petitioners reiterated

the above contentions and submitted that the respondent Nos.1 to 3 are under duty to consider the recommendation of the respondent No.4, more particularly in view of the reassessment of the financial position of the respondent No.5.

3. The learned Additional Government Advocate submitted that the committee was already constituted to look into the recommendation made by the liquidator/respondent No.4.

4. In view of the aforesaid submission, this writ

petition deserves to be disposed off, with a direction to the respondent Nos.1 to 3 to consider the recommendation of the respondent No.4 dated 08.01.2025 and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 31

Same Court & Year Karnataka · 2025 Same Parties H S Shivashankar vs The State of Karnataka Same Judge R. Nataraj

In accordance with law Co-operative society preliminary hearing State Government Chief Executive high court The State