KARNATAKA GOVERNMENT CLASS-D EMPLOYEES HOUSING BUILDING CO-OPERATIVE SOCIETY LTD. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-society is aggrieved of the impugned order dtd. 10/4/2023 at Annexure-G passed by the 4th respondent-Joint Registrar of Co-operative Societies, Bangalore Region (hereinafter referred to as 'the JRCS', for short).

(2.) Learned Senior Counsel Sri.D.R.Ravishankar appearing for the petitioner-society submits that since allegations are made against the concerned JRCS, he has been impleaded as party eo nominee at serial No.4 and although notice is served on the 4th respondent, he has not cared to appear before this Court. On the other hand, learned Additional Government Advocate submits that she has sought instructions from the concerned JRCS and he was informed that he has been made a party eo nominee, nevertheless, the 4th respondent has only informed the learned Additional Government Advocate that whatever orders passed he has passed, he has passed in his official capacity.

(3.) Learned Senior Counsel appearing for the petitioner submits that after the writ petition was filed a memo dtd. 19/7/2023 has been filed to show as to the nature of enquiry pending before the 4th respondent-JRCS. Learned Senior Counsel submits that there were three layouts formed by the petitioner-society, one at Yarappanahalli, second at Lingadheeranahalli and third at Donnenahalli. Insofar as Yarappanahalli layout is concerned, there were 3003 sites formed and 2563 sites have already been allotted and registered in favour of the members. 175 sites have been allotted prior to 2018 and they are pending for registration. 265 sites are in dispute and they have not been allotted to any member. Insofar as Lingadheeranahalli layout is concerned, there were 3059 sites formed and all the 3059 sites were allotted and registered. In respect of Donnenahalli layout is concerned, 128 sites were formed and 109 sites have already been allotted and registered. Only 19 sites remain to be allotted and registered. At this juncture, the JRCS has been issuing directions in the pending enquiry taken up under Sec. 64 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act', for short).