- 1 - NC: 2025:KHC:10681 WP No. 6841 of 2025 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.6841 OF 2025 (CS-RES) BETWEEN: 1. THE BANNUR MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED BANNUR, T.NARASIPURA TALUK MYSORE DISTRICT - 571124 REP. BY ITS CEO /SECRETARY A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 SRI.RAGHU S/O MARIGOWDA AGED ABOUT 40 YEARS 2. SRI.KRISHNE GOWDA S/O NIEGAGOWDA AGED ABOUT 55 YEARS THE BANNUR MILK PRODUCERS CO-OPERATIVE SOCIETY LTD BANNUR, T.NARASIPURA TALUK MYSORE DISTRICT - 571124 A SOCIETY REGISTERED UNDER KARNATKAA CO-OPERATIVE SOCIETIES ACT, 1959 REP BY ITS PRESIDENT …PETITIONERS (BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE) AND: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10681 WP No. 6841 of 2025 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M S BUILDING BENGALURU - 560 001 REP BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE SUB-DIVISION PUBLIC OFFICE BUILDING PORT MOHALLA, MYSORE 570024 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE SUB DIVISION PUBLI OFFICE BUILDING PORT MOHALLA MYSORE 570024 4. THE INQUIRY OFFICER BANNUR MILK PRODUCERS CO-OPERATIVE SOCIETY AND ALSO CO-OPERATIVE DEVELOPMETN OFFICER NANJANGUD TALUK MYSORE DISTRICT 571124 5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE SUB-DIVISION PUBLIC OFFICE BUILIDING PORT MOHALLA MYSORE - 570024 …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE APPEAL NO. DRM/DAWA/C7/APPEAL/39/ 2024-25 ALONG WITH THE I.A. AT ANNX-C AND C1 AND ETC. - 3 - NC: 2025:KHC:10681 WP No. 6841 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 to 5. 2. The petitioner is before this Court seeking for the following reliefs; (i) Issue a writ of mandamus directing the Respondent No.2 to consider the appeal No.DRM/Dawa/C7/Appeal/39/2024-25 along with the I.A. at Annexure-C and C.1. (ii) Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity. 3. The grievance of the petitioner is that an appeal filed by the petitioner under Section 106(3) of the Karnataka Co-operative Societies Act, 1959 (for short 'Act) challenging the order dated 30.10.2024 passed under Section 68 of the said Act, on 29.11.2024 has not been taken up for hearing. In the meanwhile, - 4 - NC: 2025:KHC:10681 WP No. 6841 of 2025 notice under Section 29C of the said Act has been issued during the pendency of the consideration of the aforesaid appeal. Submission of learned counsel for the petitioner is that an appeal filed on 29.11.2024 has been adjourned to 31.01.2025, thereafter, to 10.02.2025 and subsequently to 12.02.2025 and to 24.02.2025, there was no sitting on that dates and now, the matter is adjourned to 17.03.2025. 4. On all the four occasions, the adjournments are on account of the Presiding Officers being otherwise engaged in Official Duties. The interim applications have been filed and the appeal has not been taken up and no order has been passed. There is an imminent threat of orders being passed in pursuance to the Notice under Section 29C of the Act. He, therefore, submits that there be a direction issued for consideration of the aforesaid appeal. - 5 - NC: 2025:KHC:10681 WP No. 6841 of 2025 5. Learned AGA submits that since respondent No.2 was busy in other administrative works, he could not take up the matter. 6. It is rather strange to note that an appeal, which had been filed on 29.11.2024, nearly four months ago, has not been taken up for consideration even till now even though there have been four sittings, which have been fixed in the matter. On all the four days, respondent No.2 was busy in his other administrative works and an appeal could not be taken up. 7. It is not that respondent No.2 would not have any other administrative works, but if respondent No.2 is discharging Quasi Judicial functions when appeal and interlocutory applications are pending, those applications would have to be taken up for consideration on the date fixed. So that, the applications could be considered on merits either allowed or rejected on the basis of the applicable law. - 6 - NC: 2025:KHC:10681 WP No. 6841 of 2025 8. In the present matter, for the last three months, the appeal has not been taken up for consideration. It is required for respondent No.1 - Principal Secretary to look into this aspect and designate persons to take up Quasi judicial work on the day on which it is fixed rather than it being adjourned on account of the Presiding Officer being otherwise engaged in administrative functions. 9. On query as to whether the orders are being uploaded on the website, the learned counsel for the petitioner submits that the said orders are not uploaded only the dates are uploaded. 10. It would be required for respondent No.1 in association with the Principal Secretary, e-Governance Department to implement a similar system as that implemented by a Revenue Department for all Quasi Judicial Authorities. - 7 - NC: 2025:KHC:10681 WP No. 6841 of 2025 11. In the above circumstances, this Court proceeds to pass the following; ORDER (i) The writ petition is disposed off. (ii) Respondent No.2 is directed to consider and take up the appeal filed by the petitioner for consideration on the next date so fixed i.e., on 17.03.2025 and pass necessary orders in accordance with law. (ii) Though the above petition is disposed off, re-list this matter on 21.04.2025 to enable respondent No.1 to file an affidavit in respect of the aforesaid directions. Sd/- (SURAJ GOVINDARAJ) JUDGE NBM List No.: 1 Sl No.: 49