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2025 DAILYLAW 11844 (KAR)

APPASAHEB AND ORS v. THE STATE OF KARNATAKA AND ORS

WP/202951/2024 · 2025-06-18

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3182 WP No. 202951 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.202951 OF 2024 (CS-RES) BETWEEN: 1. SRI. APPASAHEB S/O CHANNAPPA PATIL, AGED ABOUT 61 YEARS, OCC: EX-GENERAL MANAGER, NANDI SAHAKARI SAKKARE KHARKANE NIYAMITHA, R/O CHIKKA GARASANGI, TQ. B. BAGEWADI, DIST. VIJAYAPURA. 2. SRI. P.B.KALAGI, S/O BASANAGOUDA KALAGI, AGED ABOUT 62 YEARS, EX.INCHARGE MANAGING DIRECTOR, NANDI SAHAKARI SAKKARE KHARKANE NIYAMITHA, R/O MUDDEBIHAL, DIST. VIJAYAPURA. 3. SRI. SHASHIKANTGOUDA S/O BHEEMANAGOUDA PATIL, AGED ABOUT 56 YEARS, OCC: DIRECTOR, NANDI SAHAKARI SAKKARE KHARKANE NIYAMITHA, KRISHNA NAGAR, POST: HOSUR, TQ. BABLESHWAR, DIST. VIJAYAPURA-587 117. Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3182 WP No. 202951 of 2024 4. SRI. GOUDAPPA S/O KRISHNAPPA KONAPPANAVAR, AGED ABOUT 50 YEARS, OCC: DIRECTOR, NANDI SAHAKARI SAKKARE KHARKANE NIYAMITHA, KRISHNA NAGAR, POST: HOSUR, TQ. BABLESHWAR, DIST. VIJAYAPURA-587 117. 5. SRI. RAMESH S/O PANDAPPA JAKAREDDY, AGED ABOUT 55 YEARS, THE DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTOR LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. …PETITIONERS (BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPT. OF CO-OPERATIVE SOCIETIES, M.S.BUILDING, BENGALURU-1. 2. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPT. OF SUGAR CANE DEVELOPMENT AND SUGAR, VIKAS SOUDHA, BENGALURU-1. 3. THE COMMISSIONER AND INCHARGE ADDL. REGISTRAR OF CO-OPERATIVE SOCIETIES SUGAR CANE DEVELOPMENT AND SUGAR, DIRECTOR K.H.B. BUILDING, 5TH BLOCK, CBAB COMPLEX, 5TH FLOOR, - 3 - HC-KAR NC: 2025:KHC-K:3182 WP No. 202951 of 2024 KAVERI BHAVAN, K.G.ROAD, BENGALURU-9. 4. THE MANAGING DIRECTOR, NANDI SAHAKARI SAKKARE KHARKANE NIYAMITHA, KRISHNA NAGAR, TQ. BABALESHWAR, DIST. VIJAYAPUR-586 113. 5. SRI. KUMAR CHANDRAKANT DESAI, AGED ABOUT 50 YEARS, THE DIRECTOR, NOW CHAIRMAN, NANDI SAHAKARI SAKKARE KHARKANE NIYAMITHA, R/O JAINAPUR, TQ. BABALESHWAR, DIST. VIJAYAPUR-586 113. 6. SHASHIKANT BHEEMANAGOUDA PATIL, AGED ABOUT 56 YEARS, EX-CHAIRMAN AND DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. (DELETED VIDE COURT ORDER DATED 13.02.2025) 7. RAMAPPA SIDDAPPA SHEBANI, AGED ABOUT 59 YEARS, EX-DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 8. SIDDANNA MALLAPPA DESAI, AGED ABOUT 60 YEARS, EX-DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 9. TIMMANNA VENKAPPA AMALZARI, AGED ABOUT 55 YEARS, EX-DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., - 4 - HC-KAR NC: 2025:KHC-K:3182 WP No. 202951 of 2024 KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 10. VENKANNA HANAMAPPA BIDARI, AGED ABOUT 52 YEARS, EX-DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 11. RAMAPPA YALLAPPA HARIJAN, AGED ABOUT 61 YEARS, EX-DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 12. HANAMANTH BHEEMAPPA KONNUR, AGED ABOUT 56 YEARS, THE DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 13. HANUMANTH KENCHAPPA KADAPATTI, AGED ABOUT 58 YEARS, EX-DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 14. SMT. LATA VENKANAGOUDA BIRADARPATIL, AGED ABOUT 52 YEARS, EX-DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 15. SMT. SUREKHA RANGAPPA NIDONI, AGED ABOUT 51 YEARS, EX-DIRECTOR, - 5 - HC-KAR NC: 2025:KHC-K:3182 WP No. 202951 of 2024 NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 16. SRI. SHEKHAR SIDAGOUNDAPPA KOPPAD, AGED ABOUT 55 YEARS, EX-DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 17. SRI. RAMACHANDRA PANDAPPA KODABAGI, AGED ABOUT 54 YEARS, EX-DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 18. SHARASHCHANDRA (KUMAR) TIMMANAGOUDA PATIL, AGED ABOUT 53 YEARS, THE DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 19. JAGADISH SHIVAPPA SHIRALSHETTI, AGED ABOUT 59 YEARS, EX-DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 20. PRAVEEN BIPINCHANDRASARANAIK, AGED ABOUT 58 YEARS, EX-DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. - 6 - HC-KAR NC: 2025:KHC-K:3182 WP No. 202951 of 2024 21. ANAND GURULINGAPPA MANGALWEDE, AGED ABOUT 57 YEARS, EX-DIRECTOR, NANDI CO-OPERATIVE SUGAR FACTOR LTD., KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 22. G. M. PATIL KCS JOINT REGULATOR AND MANAGING DIRECTOR OF CO-OPERATIVE SOCIETIES KRISHNA CO-OPERATIVE SUGAR FACTORY LIMITED, TQ. ATHANI, DIST: BELAGAVI-591 304. 23. H. Y. GADANKERI AGE: MAJOR, EX MD NANDI CO-OPERATIVE SUGAR FACTORY LIMITED, KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. 24. KUMAR CHANDRAKANT DESAI, AGE: MAJOR, DIRECTOR AND THE CHAIRMAN, NANDI CO-OPERATIVE SUGAR FACTORY LIMITED, KRISHNA NAGAR POST: HOSUR, TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3; SRI. AMRESH S. ROJA, ADVOCATE FOR R4; V/O DATED 13.02.2025 R6 IS DELETED; NOTICE TO R7, R9 & R13 IS HELD SUFFICIENT; NOTICE TO R8, R10, R11, R12, R14 TO R24 IS DISPENSED WITH; R15, R17, R18 TO R20 & R22 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR DIRECTION OR ORDER WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER - 7 - HC-KAR NC: 2025:KHC-K:3182 WP No. 202951 of 2024 DATED 04.10.2024 IN NO.DSK/COF/169/2022-23 PASSED BY RESPONDENT NO.3, VIDE ANNEXURE-J. THIS PETITION COMING ON FOR ORDERS, 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) Petitioners are said to be directors or otherwise interested in Nandi Sahakari Sakkare Karkhane Niyamitha (respondent No.4). It is a Sugar Factory registered under the provisions of Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as ‘the Act’ for short). Upon the information gathered from several persons, respondent No.3 has passed the impugned order under Section 64 of the Act, wherein an enquiry has been ordered into the affairs of the factory. I do not see any irregularity in the same. If any finding is given as against respondent No.4 - Sugar Factory, it can challenge the same in the manner known to law and not the petitioners herein. - 8 - HC-KAR NC: 2025:KHC-K:3182 WP No. 202951 of 2024 2. For that reason, the writ petition being devoid of merits is hereby dismissed. 3. In view of dismissal of the writ petition, I.A.No.1/2025 does not survive for consideration and the same is accordingly dismissed. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 22