- 1 - NC: 2025:KHC:14276 WP No. 23083 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23083 OF 2024 (CS-RES) BETWEEN: SRI H S SHIVASHANKAR, S/O LATE H SHIVAPPA, AGED ABOUT 55 YEARS, R/O NO. 218,'CHETANA' 3RD MAIN ROAD, P J EXTENSION, DAVAANGERE - 577 002. …PETITIONER (BY SRI VIRUPAKSHAIAH P H, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BUY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALROE 560 001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, BANGALORE - 560 051. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANAGERE DISTRICT, DAVANAGERE DISTRICT - 577 001. 4. THE RETURNING OFFICER, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANAGERE SUB-DIVISION, DAVANAGERE - 577 001. 5. THE COMMISSIONER FOR THE CANE DEVELOPMENT AND DIRECTOR OF SUGAR, KARNATAKA HOUSING BOARD BUILDING, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14276 WP No. 23083 of 2024 5TH FLOOR, F BLOCK, CBAB COMPLEX, CAUVERY BHAVAN K G ROAD, BENGALURU - 560 009. 6. THE SPECIAL OFFICER, BHADRA SAHAKARI SAKKARE KHARKHANE NIYAMITHA, DODABATHI, DAVANAGERE TALUK, DAVANAGERE DISTRICT - 577 566 AND THE ADDITIONAL DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE - 577 602, REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 7. BHDRA SAHAKARI SAKKARE KHARKHANE NIYAMITHA DODDABATHI, DAVANAGERE TALUK, DAVANAGERE DISTRICT - 577566, RERPESENTED BY ITS MANAGING DIRECTOR, REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 8. SRI K G BASAVARAJ, S/O MURIGAPPA, AGED ABOUT 46 YEARS, R/O DODDABATHI, DAVANAGERE TALUK AND DISTRICT - 577566. 9. SMT. K. M. RATHNAMMA, D/O BASAVARAJAPPA, AGED ABOUT 64 YEARS R/AT DODDABATHI, DAVANGERE TALUK AND DISTRICT-577566, MEMBERSHIP NO.6375. 10. SRI HANUMANTHAPPA B.N., S/O NINGAPPA, AGED ABOUT 65 YEARS R/AT DODDABATHI, DAVANGERE TALUK AND DISTRICT-577566. 11. SRI BATHI BASAVARAJ, - 3 - NC: 2025:KHC:14276 WP No. 23083 of 2024 S/O B SIDDALINGAPPA, AGED ABOUT 76 YEARS, R/O NO.443, DODDABATHI VILLAGE AND POST, DAVANAGERE TALUK AND DISTRICT - 577 566 (MEMBERSHIP NO.6701). 12. SRI. S. PRASANNA KUMAR, S/O JAN SHANTHAPPA, AGED ABOUT 81 YEARS, R/AT CHURCH COLONY, GUDDADA CAMP, HALEBATHI VILLLAGE, DODDABATHI POST DAVANGERE TALUK AND DISTRICT-577566. (MEMBERSHIP NO.2071). 13. SRI. K.G. UMESH, S/O K.G. CHANDRAPPA, AGED ABOUT 61 YEARS R/AT TERU BEEDI, DODDABATHI VILLAGE AND POST, DAVANGERE TALUK AND DISTRICT-577566. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA FOR R1 TO R6, SRI A MOHAMMAD TAHIR, ADVOCATE FOR R8 TO R10, SRI P ANAND, ADVOCATE FOR R11 TO R13, SHIVABHUSHAN S HATTI FOR IMPLEADING APPLICANTS ON IA 5/24 R7 - BHADRA SAHAKARI SAKKARE KHARKHANE NIYAMITHA DODDABATHI SD) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE SIMILAR NATURE QUASHING THE IMPUGNED RESOLUTION DTD. 02.08.2024 VIDE ANNX-L PASSED BY THE R-6 AUTHORITY HOLDING THE SAME 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 - 4 - NC: 2025:KHC:14276 WP No. 23083 of 2024 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: "(a) Issue Writ in the nature of Certiorari or any other Writ or Order or Direction in the similar nature quashing the Impugned Resolution dated 02.08.2024 vide Annexure-L passed by the 6th respondent authority holding the same is illegal and without jurisdiction; (b) Issue Writ in the nature of Certiorari or any other Writ or Order or Direction in the similar nature quashing the Impugned the Recommendations / Proposal bearing No.DR / DVG/ SamaPaNe/CR/2024-25 dated 09.08.2024 vide Annexures-N & P issued by the 3rd respondent authority; (c) ISSUE Writ in the nature of Mandamus or any other Writ or Order or Direction in the similar nature directing the respondent authorities drop the proposal / recommendation Liquidation and appointment of Liquidator to the 7th respondent society; (d) Grant such other relief or relief's as this Hon'ble Court may deems fit to grant in the facts and circumstances of the case in the interest of the justice and equity." 2. Memo dated 03.04.2025 has been filed signed by the learned for the petitioner, which reads as under: "It is submitted that, the instant Writ Petition is filed challenging the Impugned Resolution dated 02.08.2024 vide Annexure-L passed by the Special - 5 - NC: 2025:KHC:14276 WP No. 23083 of 2024 Officer/6th respondent authority and Recommendations dated 09.08.2024 vide Annexure-N & P of the 3rd respondent authority for liquidation of the 7th respondent society. It is further submitted that, the Board of Management of the 7th respondent society has passed a Resolution dated 25.11.2024 withdrawing the Resolution dated 02.08.2024 and recommendation issued for liquidation of the 7th respondent society. As such, in view of the Resolution dated 25.11.2024, the instant Writ Petition has become infructuous and the same may kindly be dismissed as having become infructuous, in the interest of justice and equity". 3. Learned counsel for the petitioner submits that the Resolution dated 02.08.2024 having been withdrawn by subsequent Resolution dated 25.11.2024, the recommendation dated 09.08.2024 would also does not survive for consideration. 4. Accepting the submission of the learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. SD/- (SURAJ GOVINDARAJ) JUDGE GVP List No.: 1 Sl No.: 25