- 1 - NC: 2025:KHC:9575 WP No. 4064 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4064 OF 2025 (CS-RES) BETWEEN: SRI. B. SADASHIVA KOTARI C/O ANNAYYA KOTARI, AGED ABOUT 49 YEARS, YADTHADI POST, SAIBARAKATTE-576214. …PETITIONER (BY SMT. LATHA S SHETTY.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION MS BUILDING. DR. BR AMBEDKAR VEEDHI, BENGALORE- 01 REP BY ITS PRINCIPAL SECRETARY 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KUNDAPURA SUB-DIVISION KUNDAPURA TALUK, UDUPI DISTRICT-576217. 3. SRI. DURGA GANESH CREDIT CO-OPERATIVE SOCIETY LTD, UPPUNDA, BYNDUR TALUK, UDUPI DISTRICT-576214. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. (REGD UNDER CO-OPERATIVE SOCITIES ACT 1959) 4. SRI. ASHOKA KOTARI S/O. LATE NARAYANA KOTARI, AGED ABOUT 52 YEARS, R/AT SHUBHASHREE, HUDAR HOUSE, YADTHARE, BYNDUR-576214. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9575 WP No. 4064 of 2025 5. SMT. PRATHIMA SHENOY, W/O RAGHUVEER SHYANUBOG. AGED ABOUT 54 YEARS, R/A SHRI SHANTA VIJAYA NILAYA, AMBABAGILU POST, UDUPI-576214. 6. SHRI.CHANDRASHEKAR.B S/O NANDAYYA DEVAADIGA, R/A BALEHITHLU, JUNIOR COLLEGE ROAD, BYNDUR POST, UDUPI DISTRICT-576214. 7. SHIVARAMA KOTARI S/O LATE NARAYANA KOTARI, AGED ABOUT 50 YEARS, R/AT HUDAR HOUSE, YADTHARE, BYNDUR-576214. 8. SMT. ARUN KOTARI S/O LATE NARAYANA KOTARI, AGED ABOUT 48 YEARS, R/AT HUDAR HOUSE, YADTHARE, BYNDUR-576214. 9. RAJEEVI KOTARI D/O LATE NARAYANA KOTARI, AGED ABOUT 47 YEARS, R/AT HUDAR HOUSE, YADTHARE, BYNDUR-576214. 10. VISHALAKSHI KOTARI D/O LATE NARAYANA KOTARI, AGED ABOUT 45 YEARS, R/AT HUDAR HOUSE, YADTHARE, BYNDUR-576214. 11. SRI DAMODAR V SHENOY S/O LATE K VITTALDAS SHENOY AGED ABOUT 74 YEARS R/A UPPUNDA VILLAGE, BYNDUR TALUK UDUPI DISTRICT 576215. 12. SMT. DEVAMMA - 3 - NC: 2025:KHC:9575 WP No. 4064 of 2025 W/O NANDAYYA DEVAADIGA, AGED ABOUT 47 YEARS, R/A BALEHITHLU, JUNIOR COLLEGE ROAD, BYNDUR POST, UDUPI DISTRICT-576214. 13. SRI. SHANKAR DEVADIGA S/O NANDAYYA DEVADIGA, AGED ABOUT 47 YEARS, R/AT BALEHITHLU, JUNIOR COLLEGE ROAD, BYNDUR POST, UDUPI DISTRICT-576214. …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1 & R2; SRI. PURNACHANDRA M., ADVOCATE FOR R3; V/O DATED 12.2.2025 NOTICE TO R4 TO R13 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ORDER DTD. 17.09.2024 PASSED BY THE R-2 IN SURCHARGE CASE NO. 02/2024-25 (ANNX- A) AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, 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: i. To issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 17.09.2024 passed by the Respondent No.2 in surcharge case no. 02/2024-25 (Annexure-A). ii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction declaring - 4 - NC: 2025:KHC:9575 WP No. 4064 of 2025 the order dated 17.09.2024 passed by the Respondent No.2 in surcharge case No.02/2024- 25, has highly arbitrary and illegal (Annexure-A). iii. Grant such other and further reliefs, including the costs of this writ petition in the interest of justice. 2. The petitioner is aggrieved by the interlocutory application filed by the petitioner for waiver of deposit of surcharge not having been considered in Appeal No.309/2024 pending before the Karnataka Appellate Tribunal (KAT). 3. Learned counsel for the petitioner submits that an application has been filed for waiver of deposit of surcharge which not having been considered, the appeal has not been taken up for hearing. 4. Sri.Purnachandra M.Puranik., learned counsel appearing for respondent No.3-Society would submit that the respondent No.3-Society has filed a caveat and because service has not been effected, Office objection not being complied with the appeal has not been taken up by hearing. 5. If that be so, it is for the petitioner to furnish copy of the Appeal along with annexures in the appeal to the - 5 - NC: 2025:KHC:9575 WP No. 4064 of 2025 counsel for the caveator and comply with the office objection for the matter to be taken up by the KAT. 6. Needless to say, as soon as the office objections are complied, it would be for the KAT to take up the appeal and the interlocutory application for consideration at the earliest. With the above the petition stands disposed of. 7. Interim order granted by this Court is extended till the consideration of the Interlocutory Application by the KAT. 8. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 25