Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10969 WP No. 5235 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5235 OF 2023 (CS-RES) BETWEEN:
1. RANGASWAMAIAH S/O LATE RANGAIAH, AGED 50 YEARS, PRESIDENT DODDA SOMANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562131 SOCIETY REGISTERED UNDER KARNATAKA CO- OPERATIVE SOCIETIES ACT
2. JAYAMMA W/O SIDDAPPA AGED 58 YEARS VICE PRESIDENT DODDA SOMANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT – 562131
3. NINGAIAH S/O NANJUNDAIAH AGED 32 YEARS
4. KUMAR S/O MARIYAPPA AGED 58 YEARS
5.
KALE GOWDA S/O LATE BABANNA AGED 57 YEARS,
6. HONEGOWDA
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:10969 WP No. 5235 of 2023
S/O LATE DODDAIAH AGED 65 YEARS
7. SIDDAGANGAIAH S/O LATE MARIYAPPA AGED 62 YEARS
8. GOWDAIAH S/O ANDANAIAH AGED 40 YEARS
9. INDRAMMA W/O MUNIYAPPA AGED 50 YEARS
PETITIONERS 3 TO 9 ARE ELECTED DIRECTORS OF DODDA SOMANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562131
…PETITIONERS (BY SRI. JAI PRAKASH REDDY M.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES REP BY ITS SECRETARY M.S.BUILDING, BANGALORE - 560001.
2.
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES NO.4222, MUNICIPAL LAYOUT, 3RD CROSS, WARD NO.12, RAMANAGARA - 562159 RAMANAGARA DISTRICT.
3.
DODDA SOMANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562131 BY ITS SECRETARY SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT
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NC: 2025:KHC:10969 WP No. 5235 of 2023
4.
LAKSHMAMMA @ LAKSHMIDEVAMMA AGED MAJOR, W/O VENKATACHALAIAH DODDA SOMANAHALLI VILLAGE AND POST THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT – 562131
5. BASAVARAJU S/O LATE GANGAIAH AGE MAJOR
6. SHIVANNA S/O LATE MARIKENCHAIH AGE MAJOR
7. VENKATACHALAIAH S/O LATE THIRUMALAIAH AGE MAJOR
RESPONDENTS 5 TO 7 ARE ELECTED DIRECTORS OF DODDA SOMANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562131
…RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1 & R2;
SRI. N SHIVA KUMAR., ADVOCATE FOR R4 & R7;
SMT.MANJULA C., ADVOCATE FOR R3;
R5 & R6 SERVED)
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 04.02.2023 PASSED BY THE R-2 VIDE ANNX-K AND ETC.
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
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NC: 2025:KHC:10969 WP No. 5235 of 2023
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the
order dated 04-02-2023 in No. SA Ni Ra-46/Dhave- 06/2022-23 passed by the R2 vide Annexure-K.
b. Issue a writ of mandamus directing the R2 to consider the letter dated 03.12.2022 in No.Nil submitted by the petitioner to R2 vide Annexure-F and appoint enquiry officer to make inquiry on the allegations made against the respondent No. 4.
c. Pass any such other appropriate writ, order or direction that seems fit under the circumstances explained above.
2. After arguing for some time, learned Counsel for the petitioners submits that the petitioners will withdraw the resolution dated 13.04.2022 at Annexure-E, which is the cause for filing of the proceedings before the Assistant Registrar of Cooperative Societies wherein the interim Order challenged in the present matter has been passed. His further submission is that on withdrawal of the resolution, liberty may be
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NC: 2025:KHC:10969 WP No. 5235 of 2023
reserved to the petitioners to issue necessary Articles of Charges and proceed therefrom.
3. These submissions would have to be made in the pending proceedings before the ARCS. If such
submissions are made by the petitioners before the ARCS, the ARCS is directed to pass suitable orders.
4. With the above observation, the petition stands
disposed.
5. Since the order is passed in the presence of all the counsels, all the parties to appear before the ARCS without requirement of any notice on 24.03.2025 at 3.00 p.m.
Sd/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.: 67