- 1 - NC: 2025:KHC:18081 WP No. 13117 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.13117 OF 2025 (CS-RES) BETWEEN: R.M. NAGABHUSHANA GOWDA S/O MUNIYAPPA AGED ABOUT 57 YEARS R/AT NO.42/1, ANANDA NILAYA 2ND CROSS, MUNESHWARA TEMPLE ROAD MUNESHWARA NAGARA PADMANABHANAGARA BENGALURU -560091. …PETITIONER (BY SRI. ASHUTOSH K.L. ADV.,) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF CO-OPERATION VIKASA SOUDHA, BENGALURU-560001. 2. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (UNDER RULE 441) NO.132 2ND FLOOR, KARNATAKA STATE CO-OPERATIVE URBAN BANK FEDERATION K.H. ROAD, BENGALURU 560027. 3. HANUMANTHA NAGARA CO-OPERATIVE BANK LTD NO.7/29, 3RD MAIN, 1ST CROSS HANUMANTHANAGAR BENGALURU -560019 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18081 WP No. 13117 of 2025 REP. BY ITS MANAGER GENERAL MANAGER. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & R2 V/O DTD:02/05/2025 NOTICE TO R3 D/W) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DTD 20.03.2025 ON IA NO. 1 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN RP NO.4/2025 VIDE ANNX-V AND ALLOW IA NO. 1 FILED BY THE PETITIONER UNDER REGULATION 13 OF THE KARNATAKA APPELLATE TRIBUNAL REGULATIONS IN RP NO. 4/2025 VIDE ANNX-T1. ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DTD 04.12.2024 PASSED BY THE R-2 IN ARD/UBF/335/2024-25 VIDE ANNX-S & ETC. 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. Petitioner is before this court seeking for the following reliefs: "a) Issue a writ of certiorari quashing the order dated 20.03.2025 on IA.No.1 passed by the Karnataka Appellate Tribunal, Bengaluru in RP No.4/2025 vide Annexure-V and allow IA.No.1 filed by the petitioner Under Regulation 13 of the Karnataka Appellate Tribunal Regulations in RP.No.4/2025 vide Annexure-T1. b) Issue a writ of Certiorari quashing the order dated 04.12.2024 passed by the 2nd respondent in ARD/UBF/335/2024-25 vide Annexure-S. - 3 - NC: 2025:KHC:18081 WP No. 13117 of 2025 c) Issue such other writ, order or directions as this Hon'ble Court deems fit to be granted in the facts and circumstances of the case by allowing this writ petition in the interest of justice and equity." 2. Petitioner has approached respondent No.2 challenging the order of demotion, where an application for stay of the said order has been filed. Respondent No.2, vide order dated 04.12.2024 at Annexure-S had indicated that the same would be considered along with the main. The petitioner had filed an appeal before the Karnataka Appellate Tribunal. The Appellate Tribunal also, vide its order dated 20.03.2025, had indicated that the said application for stay would be considered along with the main. 3. The petitioner having challenged the demotion and an application for stay having been filed, it was required firstly for respondent No.2 and thereafter the KAT to consider the application for stay on merits - 4 - NC: 2025:KHC:18081 WP No. 13117 of 2025 and pass necessary orders, rather than postpone the consideration thereof until the final hearing. 4. In that view of the matter, I pass the following: ORDER i) The writ petition is partly allowed. ii) The matter is remitted to respondent No.2 to consider the application of stay filed by the petitioner, which shall be so considered and necessary orders passed within a period of 60 days from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of this matter. SD/- (SURAJ GOVINDARAJ) JUDGE ABK List No.: 1 Sl No.: 21