- 1 - NC: 2025:KHC:17705 WP No. 12162 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12162 OF 2025 (CS-RES) BETWEEN: SRI. K.P.UMESH, S/O PUTTEGOWDA, AGED ABOUT 38 YEARS, PRESIDENT OF KRISHNAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, R/O KRISHNAPURA VILLAGE, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 159. …PETITIONER (BY SRI.MR. RAJGOPAL SR., ADVOCATE FOR SRI. BASAVARAJU H N.,ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, VIDHAN SOUDHA, BENGALURU - 560 001. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA SUB DIVISION, RAMANGARA - 562 159. 3. THE CHIEF EXECUTIVE OFFICER OR SECRETARY, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17705 WP No. 12162 of 2025 KRISHNAPURA HALU UTHPADAKARA SAHAKARA SANGHA, KRISHNAPURA, VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. 4. SMT. KAMALAMMA, W/O PUTTASWAMYGOWDA, MAJOR, RESIDING AT KRISHNAPURA, VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. 5. SRI. RAMESH, S/O LATE SANNEGOWDA, MAJOR, RESIDING AT KRISHNAPURA, VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. 6. SRI. KRISHNEGOWDA, S/O KEMPEGOWDA, MAJOR, RESIDING AT KRISHNAPURA, VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. 7. SRI. RAJEGOWDA, S/O PANCHALINGEGOWDA, MAJOR, RESIDING AT KRISHNAPURA, - 3 - NC: 2025:KHC:17705 WP No. 12162 of 2025 VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. 8. SRI. NINGAPPA, S/O NINGEGOWDA, MAJOR, RESIDING AT KRISHNAPURA, VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. 9. SRI. CHANNAPPA, S/O GUNDEGOWDA, MAJOR, RESIDING AT KRISHNAPURA, VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. 10. SRI. SHIVARAM S, S/O PUTTASWAMYGOWDA, MAJOR, RESIDING AT KRISHNAPURA, VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. 11. SRI. MAHALINGA, S/O LATE KEMPEGOWDA, MAJOR, RESIDING AT KRISHNAPURA, VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. - 4 - NC: 2025:KHC:17705 WP No. 12162 of 2025 12. SMT. SHASHIKALA, W/O SHIVANANJEGOWDA, MAJOR, RESIDING AT KRISHNAPURA, VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. 13. SRI. SHINAIAH, S/O CHIKKASHINAIAH, MAJOR, RESIDING AT KRISHNAPURA, VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. …RESPONDENTS (BY SRI. YOGESH D NAIK., AGA FOR R1 AND R2; SRI. JAYKUMAR S PATIL SR., ADV FOR SRI. P. ANAND., ADV FOR C/R3; V/O DT 22.04.2025 NOTICE TO R4 TO R13 IS DEFERRED) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI TO PASS THE ORDER DTD. 08.04.2025 PASSED BY R-2 IN CASE NO, SANIRA-46/SEC.29(C)/ANARHATE/CR- /2025-26/23 AS PER ANNX-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 5 - NC: 2025:KHC:17705 WP No. 12162 of 2025 ORAL ORDER 1. The petitioner is before this court seeking for the following reliefs: "A. Issue writ of certiorari to pass the order dated 08.04.2025 passed by 2nd respondent in case No.SANIRA-46/sec.29(C)/anarhate /CR-/2025-26/23 as per Annexure-'H' B. Issue any appropriate directions or order as this Hon'ble deemed and proper in the facts and circumstances of the case and allow the appeal." 2. The grievance of the petitioner is that the respondent No.2 vide order dated 08.04.2025 at Annexure-H under sub-section (8) of Section 29-C of the Act, 1959 has disqualified the petitioner without affording a reasonable opportunity of being heard as required by the proviso to sub-section (8) of the Section 29-C. 3. Learned Additional Government Advocate submits that show cause notice having been issued. The objections filed by the petitioner having been considered, thereafter the order has been passed. On enquiry as to whether if hearing has been - 6 - NC: 2025:KHC:17705 WP No. 12162 of 2025 provided, he fairly submits that hearing has not been provided. If that be so, there is a violation of proviso to sub-section (8) of Section 29-C and the order dated 08.04.2025 at Annexure-H would not be sustainable. 4. In that view of the matter, I pass the following; O R D E R (i) The Writ Petition is allowed. (ii) A certiorari is issued, the order dated 08.04.2025 passed by respondent No.2 at Annexure-H is quashed. (iii) The matter is remitted back to respondent No.2 - The Assistant Registrar of Co-operative Society, Ramanagara to provide an opportunity of hearing to the petitioner and thereafter to pass necessary orders in accordance with law. - 7 - NC: 2025:KHC:17705 WP No. 12162 of 2025 (iv) Since the order has been passed in the presence of all counsels, petitioner shall be present before respondent No.2 on 16.05.2025 at 3.00 PM without requirement of any fresh notice. If the petitioner is not present on that day, respondent No.2 would be entitled to pass necessary orders. (iii) The submission of Sri.M.R.Rajgopal learned Senior Counsel on instructions that a meeting would be called for by the petitioner as a President of the Society to consider the aspect of nominating the delegate by issuance of a notice on or before 09.05.2025 and hold a meeting on or before 16.05.2025 is placed on record. SD/- (SURAJ GOVINDARAJ) JUDGE AMM List No.: 2 Sl No.: 43