- 1 - NC: 2025:KHC:3226 WP No. 51786 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 51786 OF 2019 (GM-RES) BETWEEN: THE MANDYA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETY UNION LTD., GEJJALAGERE POST, MADDUR TALUK, MANDYA DISTRICT-571 428, REPRESENTED BY ITS MANAGING DIRECTOR, SRI H.MAHESH, AGED ABOUT 40 YEARS, S/O HOMBALEGOWDA. …PETITIONER (BY SRI. ABHINAV RAMANAND., ADVOCATE) AND: 1. THE KARNATAKA STATE INFORMATION COMMISSION, NO 14/3, ARAVINDA BHAVAN, (MYTHIC SOCIETY), NRUPATHUNGA ROAD, BENGALURU-560 001. 2. SRI. B.G.POOVAIAH MAJOR IN AGE, S/O LATE B.M.GANAPATH, NO.4/1, GARIABOVIPALYA MAIN ROAD, NAZABAD MOHALLA, MYSURU-570 027. …RESPONDENTS (BY SRI. RAJASHEKAR.K., ADVOCATE FOR R1; SRI. KASHINATH.J.D., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3226 WP No. 51786 of 2019 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Abhinav Ramanand., counsel for the petitioner and Sri.Rajashekhar.K., counsel for respondent No.1 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 09.04.2019 passed by the first respondent State Commission in ¥ÀæPÀgÀt ¸ÀASÉå: PÀªÀiÁD 11254 J¦J¯ï 2018 vide Annexure-F and to quash the consequential order dated 16.09.2019 passed by the first respondent in ¥ÀæPÀgÀt ¸ÀASÉå: PÀªÀiÁD 11254 J¦J¯ï 2018 vide Annexure-G. 3. Heard the arguments and perused the Writ papers with care. 4. It is noted that Sri.B.G.Poovaiah - the second respondent had sought certain information from the petitioner. The request to furnish the information was declined on the ground that the petitioner is not a public authority. Hence, the second respondent was constrained to file an appeal before the - 3 - NC: 2025:KHC:3226 WP No. 51786 of 2019 first respondent. The Commission directed the petitioner to furnish the information that was sought by the second respondent and the appeal was adjourned for the compliance. 5. Counsel Sri.Abhinav Ramanand., in presenting his arguments contended that the Cooperative Society is not a public authority. He argued by saying that the Commission could not have entertained the appeal. To substantiate the said contention, counsel placed reliance on the following decisions: I. THALAPPALAM SER. COOP. BANK LTD., AND OTHERS VS. STATE OF KERALA AND OTHERS in Civil Appeal No.9017/2013 disposed of on 07.10.2013. II. DATTAPRASAD COOPERATIVE HOUSING SOCIETY LIMITED VS. KARNATAKA STATE CHIEF INFORMATION COMMISSION in W.P.No.16901/2006 disposed of on 30.06.2008. 6. A perusal of the decisions referred to supra reflects that the Apex Court has held that the Cooperative Society is not a public authority. Hence, the Commission has erred in - 4 - NC: 2025:KHC:3226 WP No. 51786 of 2019 entertaining the appeal. Therefore, the proceedings before the Commission is liable to set-aside and so, it is set-aside. 7. The Writ of Certiorari is ordered. The order dated 09.04.2019 passed by the first respondent State Commission in ¥ÀæPÀgÀt ¸ÀASÉå: PÀªÀiÁD 11254 J¦J¯ï 2018 vide Annexure-F and to quash the consequential order dated 16.09.2019 passed by the first respondent in ¥ÀæPÀgÀt ¸ÀASÉå: PÀªÀiÁD 11254 J¦J¯ï 2018 vide Annexure-G are quashed. 8. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 36