D S SHIVALINGAIAH v. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES
WP/330/2023 · 2025-04-04
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12705 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12705 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14555 WP No. 330 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 330 OF 2023 (CS-RES) BETWEEN:
D S SHIVALINGAIAH S/O LATE SIDDEGOWDA, AGED ABOUT 71 YEARS, EX PRESIDENT, DASHAVARA MILK PRODUCERS CO OPERATIVE SOCIETY, DASHAVARA, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562108
…PETITIONER (BY SRI. VIJAYAKUMAR S C.,ADVOCATE)
AND:
1.
THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES RAMANAGARA DISTRICT, RAMANAGARA-562159
2.
THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES RAMANAGARA SUB DIVISION, RAMANAGARA-562159
3.
THE CO OPERATIVE DEVELOPMENT OFFICER CHANNAPATNA TALUK,. CHANNAPATNA-562160 RAMANAGARA DISTRICT.
4.
DASHAVARA MILK PRODUCERS CO-OPERATIVE SOCIETY DASHAVARA-562108 CHANNAPATNA TALUK, RAMANAGARA DISTRICT.
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14555 WP No. 330 of 2023
(REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT)
5.
D K JAGADEESHA S/O D C KRISHNAIAH, AGED ABOUT 21 YEARS, DASHAVARA-562108 CHANNAPATNA TALUK,RAMANAGARA DISTRICT. …RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1 TO R3;
R4 & R5-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE R2 TO CONSIDER THE REPRESENTATION AS PER ANNEXURE- J, BY ISSUING A WRIT IN THE NATURE OF MANDAMUS AND ISSUE SUCH OTHER APPROPRIATE WRIT OR DIRECTION AS THIS HONBLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: Direct R2 to consider the representation as per Annexure-J by issuing a writ in the nature of mandamus and issue such other appropriate writ or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice.
2. The grievance of the petitioner is that a new Secretary has not been appointed to the Society and the representation in this regard submitted on
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NC: 2025:KHC:14555 WP No. 330 of 2023
16.08.2021 in terms of Annexure-J, has not been acted upon.
3. Learned AGA had filed an affidavit of the Assistant Registrar of Co-operative Societies, which is taken on record. He submits that if compliance with Rule 17 and 18 of the Karnataka Co-operative Societies Rules, 1959 is made by Society, the said representation would be considered by the ARCS. Placing the said submission and the affidavit on record, I pass the following;
ORDER i. The writ petition is partly allowed. ii. A mandamus is issued respondent No.2 to consider the representation dated 16.8.2021 at Annexure-J, subject to compliance with Rule 17 and 18 Karnataka Co-operative Societies Rules, 1959 by the Society.
SD/- (SURAJ GOVINDARAJ) JUDGE
SR, List No.: 1 Sl No.: 84