- 1 - NC: 2025:KHC:14838 WP No. 3669 of 2025 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. 3669 OF 2025 (CS-EL/M) BETWEEN: PRASANNA P M S/O K. MAHADEV AGED ABOUT 48 YEARS PRESIDENT OF KAGGUNDI MILK PRODUCERS CO- OPERATIVE SOCIETY LTD., KAGGUNDI VILLAGE PERIYAPATTANA TALUK MYSURU DISTRICT-571107 …PETITIONER (BY SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI. SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING DR. B.R AMBEDKAR VEEDHI BENGALURU-01. REPRESENTED BY ITS SECRETORY 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION MYSURU-570001 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HUNSURU SUB-DIVISION HUNSURU TALUK MSYURU DISTRICT-571105. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14838 WP No. 3669 of 2025 4. KAGGUNDI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., REGISTERED UNDER CO-OPERATIVE SOCIETY REISTRATION ACT 1959 KAGGUNDI VILLAGE PERIYAPATTANA TALUK MYSURU DISTRICT - 571 107 REPRESENTED BY ITS CEO 5. MYSURU DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., BANNURU ROAD ALANAHALLI MYSURU - 570 028. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3; SRI. GANAPATI BHAT VAJRALLI, ADVOCATE FOR R5; R4 - KAGGUNDI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, MYSORE SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 07.12.2024 IN 29C CASE NO. SANI43/DIS/08/2024-25 AT ANNX-H, DIRECT THE R-2 TO CONSIDERED THE APPEAL NO.2 TO CONSIDERED THE APPEAL NO.DRM/DISPUTE/C7/APPEAL/22/2024-25 FILED BY THE PETITIONER UNDER SECTION 106 OF KCS ACT, VIDE ANNX-J AND K. THIS 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: - 3 - NC: 2025:KHC:14838 WP No. 3669 of 2025 "a) To issue a writ of certiorari quashing the impugned order dated 07.12.2024 in 29C Case No.SaNi43/DIS/08/2024-25, at Annexures-H, in the interest of justice and equity. b) To issue a writ of mandamus directing the respondent No.2 to considered the appeal No.DRM/Dispute/C7/Appeal/22/2024-25 dated 17.12.2024 filed by the petitioner Under section 106 of KCS Act, Vide Annexure J and K, in the interest of justice and equity. c) Issue such other order or direction as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity." 2. An order under Section 29-C of the Karnataka Co- operative Societies Act, 1959 ("Act" for short) having been passed, the same has been challenged by the petitioner by filing an appeal under Section 106 of the KCS Act, 1959, before the respondent No.2-Deputy Registrar of Co-operative Societies. The appeal not having been taken up and the application for interim order not having been considered, the petitioner had approached this court. 3. This court, vide order dated 07.02.2025 considering the peculiarity of the matter, stayed the order passed by respondent No.3 dated 07.12.2024 under Section 29C of the Act. 4. The appeal is still pending before the respondent No.2- DRCS. In that view of the matter, I am of the considered opinion that interest of justice would be satisfied by directing respondent No.2-DRCS to consider the appeal - 4 - NC: 2025:KHC:14838 WP No. 3669 of 2025 and dispose of the matter as expeditiously as possible. As such, I pass the following: ORDER i. The writ petition is partly allowed. ii. The interim order dated 07.02.2025 is extended till the consideration of the interim application in the appeal filed by the petitioner under section 106 of the KCS Act, pending for consideration before the respondent No.2. SD/- (SURAJ GOVINDARAJ) JUDGE AMA List No.: 1 Sl No.: 41 CT: SG