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2025 DAILYLAW 32463 (KAR)

MOODABIDRI PUTTIGE VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA v. THE STATE OF KARNATAKA

WP/21943/2023 · 2025-04-04

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC:14968 WP No. 21943 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21943 OF 2023 (CS-RES) BETWEEN: MOODABIDRI PUTTIGE VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA, MITTABAILU, DK - 574 226. REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959., REPRESENTED BY ITS PRESIDENT, SRI. HARIPRASAD SHETTY. …PETITIONER (BY SRI. RAKSHITH KUMAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, VIKAS SOUDHA, BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKER ROAD, BENGALURU - 560 052. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PUBLIC OFFICE BUILDING, OPP CORPORATION OFFICE, NEW SAYYAJI RAO ROAD, MYSORE - 570 024. 4. THE ASSISTANT REGISTRAR OF Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14968 WP No. 21943 of 2023 CO-OPERATIVE SOCIETIES, SCDCC BANK BUILDING, K. S RAO ROAD, KODIYALBAIL, MANGALORE - 570 003. …RESPONDENTS GA-SERVED. THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH THE IMPUGNED CIRCULAR ISSUED BY THE R3 JOINT REGISTRAR OR CO-OPERATIVE SOCIETIES VIDE REF NO. JRM/ADALITHA/B/GRA.PAN.PACS/C.R/16/2023-24 DATED 28/07/2023 AND IMPUGNED CIRCULAR ISSUED BY THE R4 ASSISTANT REGISTRAR CO-OPERATIVE SOCIETY LTD BEARING REF. NO. AR36.S2.39.PLN.2023-24 DATED 07/08/2023 TO ALL THE CHIEF EXECUTIVE OFFICERS OF THE PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETIES OF MANGALORE, MOODABIDRI AND BANTWALA TALUK FOR BEING HIGHLY ILLEGAL, CONTRARY TO THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT AND AGAINST THE CONSTITUTIONAL VALIDITY, AS PER ANNEXURE-A AND B, IN SO FAR AS THE PETITIONER HEREIN IS CONCERNED 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. The petitioner is before this Court seeking for the following reliefs: A. Issue a Writ of Certiorari or any other appropriate Writ or Order, to quash the impugned circular issued by the respondent No.3 Joint Registrar of Co-Operative Societies vide ref No.JRM / ADALITHA / B / GRA.PAN.PACS / C.R / 16 / 2023-24 dated 28.07.2023 and impugned circular issued by the Respondent No.4 Assistant Registrar of Co-Operative Society Ltd bearing ref No.AR36:S2:39:PLN:2023-24 dated 07.08.2023 to - 3 - NC: 2025:KHC:14968 WP No. 21943 of 2023 all the Chief Executive Officers of the Primary Agricultural Co-Operative Societies of Mangalore, Moodabidri and Bantwala Taluk; for being highly illegal, contrary to the provisions of the Karnataka Co- Operative Societies Act and against the constitutional validity, as per Annexure-A & B; in so far as the petitioner herein is concerned AND; B. Grant such other relief or reliefs as this Hon'ble Court deems fit in the ends of Justice." 2. Memo dated 04.04.2025 has been filed singed by the counsel for the petitioner, which reads as under: "The undersigned Counsel for the Petitioner most humbly submits that, the prayer sought in the above Writ Petition does not survive for consideration. Hence the Petitioners maybe permitted to withdraw the above Petition and therefore this memo may kindly be taken on record in the interest of justice and equity." 3. Accepting the said memo and submission of the learned counsel for the petitioner, petition stands dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE AMA List No.: 1 Sl No.: 10