Karnataka State Licensed vs the State of Karnataka

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2222 OF 2024 (GM-KSR) BETWEEN: KARNATAKA STATE LICENSED ELECTRICAL CONTRACTORS ASSOCIATION A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIEITIES REGISTRATION ACT,1960 HAVING OFFICE AT K.S.L.E.C.A BHAVANA NO.33, AVENUE ROAD, BENGALURU - 560 002 REPRESENTED BY ITS GENERAL SECRETARY …PETITIONER (BY SRI. P P HEGDE, SENIOR COUNSEL FOR SRI. GAURAV G K, ADVOCATE) AND:

1. THE STATE OF KARNATAKA

Digitally        DEPT.OF CO-OPERATION
signed by        GATE NO.3, 6TH FLOOR
Vandana S        MULTISTORIED BUILDING
Location:        BENGALURU - 560 001.
HIGH             PRINCIPAL SECRETARY

COURT OF KARNATAKA

2. THE DISTRICT REGISTRAR OF SOCIETIES 4TH CIRCLE, BENGALURU DISTRICT HAVING OFFICE AT SAHAKARA SOUDHA, 3RD FLOOR, 3RD MAIN ROAD 8TH CROSS, MALLESHWARAM BENGALURU - 560 003.

3. MR. SHASHIDHAR P. S/O NOT KNOWN TO THE PETITIONER AGED ABOUT MAJOR HAVING ITS OFFICE AT SAHAKARA SOUDHA -2- 3RD FLOOR, 3RD MAIN ROAD, 8TH CROSS MALLESHARAM, BENGALURU - 560 003.

4. MR. R. SRIPAL S/O NOT KNOWN TO THE PETITIONER AGED MAJOR OFFICE AT CONGRESS BHAVANA RACE COURSE ROAD, BENGALURU - 560 001.

5. MR. G. RUDRESH S/O LATE GANGAPPA AGED 61 YEARS R/AT NO.53, 17TH PIPELINE LINK ROAD ‘SREE KRISHNA NILAYA’, PRASHANTH NAGAR T. DASARAHALLI BENGALURU - 560 057.

6. MR. S. RAMESH S/O LATE C.L. SHANMUGAM AGED ABOUT 56 YEARS R/AT NO.5, FLAT NO.203, SAPTHAGIRI MAHARSHI VILLA, 13TH MAIN, 5TH CROSS, KODIHALLI BENGALURU - 560 008.

7. ENQUIRY OFFICER

CO-OPERATION DEVELOPMENT OFFICER, OFFICE OF THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, 4TH ZONE, BENGALURU DISTRICT HAVING OFFICE AT SAHAKARA SOUDHA, 3RD FLOOR, 3RD MAIN ROAD, 8TH CROSS MALLESHARAM, BENGALURU - 560 003. …RESPONDENTS (BY SRI. N B PATIL, AGA FOR R1, R2 AND R7; SRI. DEVI PRASAD SHETTY, ADVOCATE FOR C/R-5; SRI. J M AMARNATH, ADVOCATE FOR C/R-4 R3 SERVED AN UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS IN DRB-4/S.O.R./COMPLAINT/80/2023-24 BEFORE R2 THE -3- ORDERSHEET OF WHICH IS PRODUCED HEREWITH AS ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

In this petition, the petitioner seeks the following reliefs: “I) Issue an appropriate writ/order quashing the proceedings in DRB-4/S.O.R.)Complaint/80/2023-24 before Respondent No.2, the ordersheet of which is produced herewith as Annexure-A; ii) Issue an appropriate writ/order quashing the order dated 22.11.2023 passed by the Respondent No.2 in DRB- 4/S.O.R./Complaint/80/2023 produced at Annexure-B;

iii) Issue an appropriate writ/order quashing the order

dated 23.11.2023 passed by the Respondent No.2 in DRB- 4/S.O.R./Complaint/80/2023 produced at Annexure-C; iv) Pass any other orders as this Hon’ble Court deems fit to direct the Respondent Nos.4 to 6 to pay the expenses incurred by the Petitioner - Society to arrange for the AGM and SGM which were to be conducted on 26.11.2023; v) Pass any such other Writ/s, order/s, or grant such other relief/s as this Hon’ble Court deems fit to grant under the peculiar facts and circumstances of this case, in the interest of justice and equity.” -4-

2. Heard learned counsel for the petitioner and learned AGA for respondent Nos.1, 2 and 7, learned counsel for respondent Nos.4 and 5 and perused the material on record.

3. In addition to reiterating the various contentions urged

in the petition and referring to the material on record, learned Senior counsel for the petitioner invites my attention to the order/proceedings sheet dated 21.11.2023, in order to contend that on that day, the petitioner who was arrayed as a respondent to the said proceedings appeared and the matter was adjourned to 08.12.2023. It is the grievance of the petitioner that despite the matter having been adjourned from 21.11.2023 to 08.12.2023, respondent No.2-the District Registrar has passed the impugned

order at Annexure-C dated 23.11.2023, without providing sufficient

or reasonable opportunity to the petitioner and as such, the impugned order deserves to be quashed.

4. Per contra, learned AGA for respondent Nos.1, 2 and 7

as well as learned counsel for the private respondent Nos.3 to 6 supports the impugned order and submits that there is no merit in the writ petition and that the same is liable to be dismissed. -5-

5. Though several contentions have been urged by both

sides in support of their respective claims, it is an undisputed fact and the material on record that the proceedings initiated at the instance of respondent Nos.3 to 6 against the petitioner herein before respondent No.2 - District Registrar were posted before him on 21.11.2023 and stood adjourned to 08.12.2023. Despite having adjourned the matter from 21.11.2023 to 08.12.2023, respondent No.2 - District Registrar clearly committed an error of law and jurisdiction in passing the impugned order dated 23.11.2023, without notifying the petitioner nor provided any opportunity, whatsoever to the petitioner or its office bearers and as such, on this short ground alone and for violation of principles of natural justice, I am of the considered opinion that the impugned order at annexure-C deserves to be set aside and the matter be remitted back to respondent No.2 for reconsideration afresh, in accordance with law. So also, the impugned order at Annexure-B dated 22.11.2023, which was also passed during the interregnum period of 21.11.2023 and 08.11.2023 is also violative of principles of natural justice and the same also deserves to be quashed.

6. In the result, I pass the following: -6-

ORDER

i. The Writ Petition is allowed. ii. The impugned orders at Annexures-B and C dated 22.11.2023 and 23.11.2023 respectively, passed by respondent No.2 are hereby set aside. iii. The matter is remitted back to respondent No.2 for reconsideration afresh in accordance with law. iv. Respondent No.2 shall provide sufficient and reasonable opportunity to the petitioner as well as respondent Nos.3 to 6 and proceed further in accordance with law. v. All rival contentions on all aspects of the matter including prayer No.4 sought for by the petitioner in the present petition are kept open and no opinion is expressed on the same. vi. Respondent No.2 - the District Registrar is directed to conclude the proceedings as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of this order. Sd/- JUDGE BMC : List No.: 1 Sl No.: 20