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2025 DAILYLAW 25039 (KAR)

SRI. K. B. PRAKASH v. THE STATE OF KARNATAKA

WP/12617/2025 · 2025-04-28

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:17578 WP No. 12617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12617 OF 2025 (CS-RES) BETWEEN: 1. SRI. K. B. PRAKASH, S/O LATE BORAIAH, AGED ABOUT 47 YEARS, PRESIDENT OF KOOTAGAL MILK PRODUCER CO-OPERATIVE SOCIETY, R/AT KOOTAGAL VILLAGE, KOOTAGAL HOBLI, RAMANAGAR TALUK, RAMANAGAR DISTRICT-562159. 2. SRI. KUMAR, S/O LATE MOTAIAH, AGED ABOUT 50 YEARS, VICE-PRESIDENT OF KOOTAGAL MILK PRODUCER CO- OPERATIVE SOCIETY, R/AT KOOTAGAL VILLAGE, KOOTAGAL HOBLI, RAMANAGAR TALUK, RAMANAGAR DISTRICT-562159. 3. SRI. CHIKKAHANUMAIAH @ RAVI, S/O LATE SANJIVAIAH, AGED ABOUT 58 YEARS, DIRECTOR OF THE KOOTAGAL MILK PRODUCER CO- OPERATIVE SOCIETY, R/AT KOOTAGAL VILLAGE, KOOTAGAL HOBLI, RAMANAGAR TALUK, RAMANAGAR DISTRICT-562159. 4. SRI. M. MAHESH, S/O LATE MAHADEVAIAH, AGED ABOUT 48 YEARS, DIRECTOR OF THE KOOTAGAL MILK PRODUCER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17578 WP No. 12617 of 2025 CO-OPERATIVE SOCIETY, R/AT KOOTAGAL VILLAGE, KOOTAGAL HOBLI, RAMANAGAR TALUK, RAMANAGAR DISTRICT-562159. 5. SRI. CHANDRASHEKAR K.R, S/O LATE RAMAIAH, AGED ABOUT 68 YEARS, DIRECTOR OF THE KOOTAGAL MILK PRODUCER CO-OPERATIVE SOCIETY, R/AT KOOTAGAL VILLAGE, KOOTAGAL HOBLI, RAMANAGAR TALUK, RAMANAGAR DISTRICT-562159. 6. SRI. JAGADISHKUMAR, S/O LATE CHIKKACHNNAIAH, AGED ABOUT 48 YEARS, DIRECTOR OF THE KOOTAGAL MILK PRODUCER CO- OPERATIVE SOCIETY, R/AT KOOTAGAL VILLAGE, KOOTAGAL HOBLI, RAMANAGAR TALUK, RAMANAGAR DISTRICT-562159. 7. SRI. HANUMANTHAIAH, S/O LATE CHIKKACHNNAIAH, AGED ABOUT 48 YEARS, DIRECTOR OF THE KOOTAGAL MILK PRODUCER CO-OPERATIVE SOCIETY, R/AT KOOTAGAL VILLAGE, KOOTAGAL HOBLI, RAMANAGAR TALUK, RAMANAGAR DISTRICT-562159. …PETITIONERS (BY SRI S SARAVANA, ADVOCATE FOR SRI. PRASHANT L KANAL.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY OF CO-OPERATION DEPARTMENT. DR. B.R.AMBEDKAR VEEDHI, - 3 - NC: 2025:KHC:17578 WP No. 12617 of 2025 M.S.BUILDIGS, BANGALORE-560001. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMNAGAR SUB-DIVISION, RAMNAGAR DISTRICT, RAMNAGAR TOWN -562159, REPRESENTED BY IT'S SECRETRY. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, RAMANAGAR DISTRICT, RAMNAGAR TOWN -562159. 4. KOOTAGAL MILK PRODUCERS CO-OPERATIVE SOCIETY, LTD. KOOTAGAL HOBLI, RAMNAGAR TALUK, RAMANAGAR DISTRICT-562159, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SRI. TEJAS MURTHY, S/O MUNIAPPA, REG UNDER INDIAN COMPANIES ACT. 5. SRI RAMESH, S/O BAIRAPPA, AGED ABOUT 63 YEARS, NOMINATED DIRECTOR OF KOOTAGAL MILK PRODUCERS COOPERATIVE SOCIETY, LTD. KOOTAGAL HOBLI, RAMNAGAR TALUK, RAMANAGAR DISTRICT-562159. 6. SMT. ANITA, FATHER/HUSBAND NAME NOT KNOWN, AGED NOT KNOWN TO THE PETITIONERS, SUPERVISOR OF KOOTAGAL MILK PRODUCERS COOPERATIVE SOCIETY, LTD. KOOTAGAL HOBLI, RAMNAGAR TALUK, RAMANAGAR DISTRICT-562159. 7. BANGALORE CO-OPERATIVE MILK UNION ITD., (BAMUL) ITS OFFICE AT DR. M.H MARIGOWDA ROAD, DHARAMARAM COLLEGE POST, - 4 - NC: 2025:KHC:17578 WP No. 12617 of 2025 BANGALORE - 560029. REGISTERED UNDER INDIAN COMPANIES ACT, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R1 TO R3 & R6, SRI MR RAJGOPAL SENIOR ADVOCATE FOR SRI H N BASAVARAJU, ADVOCATE FOR R5, V/O/DT 26/04/2025, NOTICE TO R4 IS DEFERRED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED RESOLUTION DATED 18/3/2025 VIDE ANNEXURE-A. QUASH THE COMMUNICATION (BEARING NO.SANIRA-46/ADMIN/697.2024-25) DATED 26.03.2025 AS PER ANNEXURE-D IS ILLEGAL AND WITHOUT JURISDICTION AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned counsel for the petitioners has filed a memo dated 28.04.2025 signed by the learned counsel for the petitioners which reads as under: MEMO "The counsel for the petitioner respectfully submits to withdraw the present writ petition with liberty to file a fresh petition including the challenging of the bye law amendment dated 18.05.2024, in the interest of justice and equity". - 5 - NC: 2025:KHC:17578 WP No. 12617 of 2025 2. Reserving liberty to the petitioners to challenge the amended bye-laws, petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE BRN List No.: 2 Sl No.: 15