VIVEKANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Sri.I.R.Biradar., learned counsel for the petitioner and Sri.Shivakumar R. Tengli., learned AGA for respondents 1 to 5 have appeared in person.

(2.) The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dtd. 8/9/2022 passed by the Deputy Registrar of Co-operative Societies, Vijayapura, - fourth respondent vide Annexure-J and to quash the order dtd. 9/2/2021 passed by the Assistant Registrar of Co- operative Societies, Indi - fifth respondent vide Annexure-D. The Writ of Mandamus is also sought to direct the fifth respondent to re-do the inquiry under Sec. 64 of the Karnataka Co-operative Societies Act, 1959, and to direct the President of Prathamika Krushi Pattina Shahakar Sangh - sixth respondent to implement his letter/order dtd. 4/5/2022 vide Annexure-G2.

(3.) The society namely Prathamika Krushi Pattina Sahakar Sangha, Indi is a registered society. The sixth respondent, the President of the society made a certain allegation against the petitioner about the misappropriation of funds of the society during the years 2016-2017 and 2017-2018 while sanctioning loans to the borrowers. Hence, inquiry proceedings under Sec. 64 of the Karnataka Co-operative Societies Act, 1959, were initiated. His grievance is that inquiry proceedings are held behind his back. Though the Inquiry Officer has recorded statements of the borrowers, they are all in cyclostyle format; indeed, there is no recording of the statements of the borrowers. On the basis of the inquiry report, an order came to be passed on 9/2/2021 by the Assistant Registrar of Co-operative Societies, (for short, hereinafter referred to as 'ARCS') Indi - fifth respondent holding that the allegations are proved and direction was issued to take action against the petitioner and to recover a sum of Rs.2,85,93,550.00 (Rupees Two Crores, Eighty-Five Lakhs, Ninety-Three Thousand, Five Hundred and Fifty Only) along with interest at 16% and also initiated criminal action against the petitioner. The petitioner challenged the order before the Deputy Registrar of Co- operative Societies, (for short, hereinafter referred to as 'DRCS') Vijayapura, and the DRCS, Vijayapura, vide order dtd. 8/9/2022 confirmed the order passed by the ARCS. This order is called into question in this Writ Petition on several grounds as set out in the memorandum of the Writ Petition.