- 1 - HC-KAR NC: 2025:KHC-K:2974 WP No. 201449 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201449 OF 2025 (S-RES) BETWEEN: MAHILA MEENUGARARA SAHAKARA SANGHA LTD., ANIKERA, OFFICE AT WADI JUNCTION, TQ. CHITTAPUR, DIST. KALABURAGI REPRESENTED BY ITS SECRETARY, SRI. DADARAO S/O BABU BHOVI, AGE: 48 YEARS, OCC: BUSINESS, R/O KUNDANUR VILLAGE, TQ. CHITTAPUR, DIST. KALABURAGI. …PETITIONER (BY SRI. SHRAVANKUMAR MATH, FOR SRI. GANESH NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERS, VIDHANA SOUDHA, BANGALORE. 2. THE DIRECTOR OF FISHERIES PODIUM BLOCK, VISWHESWARIAH CENTRE, DR. B. R. AMBEDKAR ROAD, BANGALORE-01. 3. THE JOINT DIRECTOR OF FISHERIES HOSPET ROAD, NEAR NAGAR KERE BELLARY, Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2974 WP No. 201449 of 2025 TQ. AND DIST. BELLARY-583102. 4. THE DEPUTY DIRECTOR OF FISHERIES ZILLA PANCHAYAT ALAND ROAD, KALABURAGI-585101. 5. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES SEDAM SUB-DIVISION, SEDAM, TQ. SEDAM DIST. KALABURAGI. 6. THE ASSISTANT DIRECTOR OF FISHERIES, CHINCHOLI, DIST. KALABURAGI-585110. 7. JAI BHAVANI MEENUGARARA SAHAKARA SANDHA LTD., OLD SHAHABAD TQ. SHAHABAD, DIST. KALABURAGI-585228. REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. MAHANTESH PATIL, ADVOCATE FOR C/R7 (IN CP 30529/2025); SRI. MALLIKARJUN SAHUKAR, AGA FOR R1, TO R3, R5, AND R6; SRI. VENKATESH C. MALLABADI, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ALLOW THIS WRIT PETITION BY ISSUING WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER BEARING NO. DOF-FISHOFCS/22/2025 DATED 04.03.2025 PASSED BY THE RESPONDENT NO.2 WHICH IS AT ANNEXURE-B, B) ALLOW THIS WRIT PETITION BY ISSUING WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER BEARING NO. DOF- FISHOFCS/68/2024 E-1482014 DATED 05.03.2025 PASSED BY THE RESPONDENT NO.2 WHICH IS AT ANNEXURE-C. - 3 - HC-KAR NC: 2025:KHC-K:2974 WP No. 201449 of 2025 THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner is a Co-operative Society involved in the business of fishing. The fishing rights in Waccha lake situated in Chittapur taluka was earlier given to the petitioner-Society. 2. Respondent No.7 is also a Co-operative Society involved in the business of fishing and it has been newly registered. The said society is also registered in the same area where the petitioner-Society is operating. 3. A feasibility certificate has been issued in favour of respondent No.7-Society. It entitles them to make a bid for fishing rights in Waccha lake. 4. Aggrieved by the same, the present writ petition is filed. - 4 - HC-KAR NC: 2025:KHC-K:2974 WP No. 201449 of 2025 5. The case of the petitioner is that, registration of respondent No.7-Society is against the proviso to Section 4 of the Karnataka Co-operative Societies Act, 1959. It is contended that, as petitioner and respondent No.7 operating the same area, respondent No.7-Society ought not to have been registered and positive feasibility report should not have been granted in their favour. 6. Section 4 of the Karnataka Co-operative Societies Act, reads as under: “4. Societies which may be registered.- Subject to the provisions of this Act, a Co-operative Society which has as its objects the promotion of the economic interests or general welfare of its members, or of the public, in accordance with co- operative principles, or a Co-operative Society established with the object of facilitating the operations of such a society, may be registered under this Act: Provided that no Co-operative Society shall be registered if it is likely to be economically unsound, or the registration of which may have an adverse effect on development of the co-operative movement.] - 5 - HC-KAR NC: 2025:KHC-K:2974 WP No. 201449 of 2025 7. The proviso to Section 4 prohibits registration of Co-operative Society if it is likely to be economically unsound or the registration of which may have an adverse effect on development of the co-operative movement. 8. The opinion of the Government, which is based on analysis of the ground situation, suggests that registration of respondent No.7-Society will only the further cause of Co-operative movement and it is not detrimental to the same or it is not economically unsound. 9. Thus, no fault can be found in the registration of respondent No.7-Society and feasibility report given in their favour. 10. For the aforementioned reasons, this Court does not find any reason for interference in the actions of the State and writ petition is accordingly dismissed. Sd/- (M.I.ARUN) JUDGE SDU LIST NO.: 1 SL NO.: 27;CT:SI