Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24273 WP No. 24448 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24448 OF 2023 (CS-RES)
BETWEEN:
1. S RAJENDRA GOKHALE S/O VENKATESH GOKHALE AGED ABOUT 45 YEARS R/AT NO.15, SHARADA NILAYA SOOLA BETU ALADANGADY POST, NALKURU BALANJA, BELTHANGADY TALUK D.K – 574217
2. CHAYA M GOKHALE W/O MURALIDHARA GOKHALE AGED ABOUT 63 YEARS R/AT NO.12, MATHRU CHAYA NILAYA SOOLA BETU ALADANGADY POST, NALKURU BALANJA, BELTHANGADY TALUK D.K – 574217
3. ANANTH MARATHE S/O VENKATESH MARATE AGED ABOUT 45 YEARS R/AT NO.16, THAMAN KAR SOOLA BETU ALADANGADY POST, NALKURU BALANJA, BELTHANGADY TALUK D.K – 574217
4. HARISH POOJARI S/O ANNI POOJARY AGED ABOUT 58 YEARS R/AT NO. MAJALU HOUSE, SOOLA BETU ALADANGADY POST, NALKURU BALANJA, BELTHANGADY TALUK D.K – 574217
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24273 WP No. 24448 of 2023
5. THARANATH M S/O AMMI POOJARY AGED ABOUT 36 YEARS R/AT NO 16-1, SOOLA BETTU ALADANGADY POST, NALKURU BALANJA BELTHANGADY TALUK D.K - 574217
6. RAVI POORARY S/O MAYILA PUJARI, AGED ABOUT 48 YEARS R/AT NO. 18, SOOLA BETTU HOUSE, NALKURU VILLAGE, BALANJA POST, BELTHANGADY TALUK - D.K – 574217
7. MOHAN HEGDE S/O NAGAPPA HEGDE, AGED ABOUT 49 YEARS R/AT NO. 22, AREMAJALU, SOOLA BETTU, ALDANGADY POST, NALKURU, BALANJA, BELTHANGADY TALUK D.K – 574217
8. MOHAN POOJARY S/O ANNI POOJARY AGED ABOUT 63 YEARS R/AT NO. 16, MAJALU HOUSE, SOOLA BETTU, ALADANGADY POST, NALKURU, BALANJA, BELTHANGADY TALUK D.K – 574217
9. VALERIAN MONIS S/O BAJIL MONIS, AGED ABOUT 67 YEARS R/AT NO. 49, KUDROTTU, SOOLA BETTU ALADANGADY POST, NALKURU, BALANJA BELTHANGADY TALUK D.K – 574217
10. SANJEEVA POOJARY S/O APPANNA POOJARY AGED ABOUT 67 YEARS R/AT NO. 56, PUNKEDOTTU
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NALKURU, BALANJA, BELTHANGADY TLAUK, D.K. – 574217
11. PREMA W/O BABY POJARY, AGED ABOUT 52 YEARS R/AT BOKKASA HOUSE, NALKURU VILLAGE, BALANJA POST, BELTHANGADY TALUK, D.K – 574217
12. BABY POOJARY S/O DEEKAYYA POOJARY AGED ABOUT 57 YEARS R/AT BOKKASA HOUSE, NALKURU VILLAGE, BALANJA POST, BELTHANGADY TALUK , D.K – 574217
13. DHARNAPPA GOWDA S/O KOTI GOWDA, AGED ABOUT 52 YEARS R/AT DEPPUNI BOKKASA HOUSE, NALKURU, BALANJA, BELTHANGADY TALUK, D.K – 574217
14.
AMARESHA JOSHI S S/O PADMANABHA JOSHI AGED ABOUT 50 YEARS R/AT NO. 12/A, SRI GOPALAKRISHNA KRIPA SOOLA BETTU, ALADANGADY POST, NALKURU BALANJA, BELTHANGADY TALUK, D.K – 574217
15. PADMANABHA JOSHI S/O GOVINDA JOSHI AGED ABOUT 80 YEARS R/AT NO 15, SRI GOPALAKRISHNA KRIPA SOOLA BETTU, ALADANGADY POST NALKURU, BALANJA, BELTHANGADY TALUK, D.K. – 574217
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HC-KAR NC: 2025:KHC:24273 WP No. 24448 of 2023
16. NIVEDITHA JOSHI W/O S NIRANJAN JOSHI, AGED ABOUT 55 YEARS R/AT KALPATHARU HOUSE, SOOLABETTY ALADANGADY POST, NALKURU, BALANJA, BELTHANGADY TALUK D.K – 574217
17. S NIRANJAN JOSHI S/O S NARAHARI JOSHI AGED ABOUT 59 YEARS R/AT KALPATHARU HOUSE SOLLA BETTU, ALADANGADY POST, NALKURU, BALANJA, BELTHANGADY TALUK D.K. – 574217
18. MURALIDHARA GOKHALE S/O VITTAL BHAT, AGED ABOUT 65 YEARS R/AT NO. 12 MATHRU CHAYA NILAYA SOOLA BETTU, ALADANGADY POST, NALKURU, BALANJA, BELTHANGADY TALUK, D.K -574217
19. RAJEEVI W/O HARISH POOJARY AGED ABOUT 46 YEARS R/AT NO 16 MAJALU HOUSE, SOOLA BETTU ALADNGADY POST, NALKURU BALANJA, BELTHANGADY TALUK, D.K -574217
20. SADANANDA POOJARY S/O DEEKAYYA AGED ABOUT 63 YEARS R/AT BOKKASA, SOOLA BETTU, ALDANGADY POST, NALKURU, BALANJA, BELTHANDAGY TALUK, D.K. - 574217
21. PRAVEEN S/O SIDDU HARIJANA AGED ABOUT 33 YEARS R/AT SOOLA BETTU, ALADANGADY POST,
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HC-KAR NC: 2025:KHC:24273 WP No. 24448 of 2023
MALKURU, BALANJA, BELTHANGADY TALUK D.K -574217
22. JAGADISHA HEGDE S/O SHRIDARA KADAMBA AGED ABOUT 58 YEARS R/AT NAVARAGUTTU HOUSE NAVARA SULKERI BEKTHANGADY TALUK D.K. - 574217
23. PRASAD S/O YUVARAJ HEGDE AGED ABOUT 59 YEARS R/AT PRASAD NILAYA ASHOKA NAGARA SULKERI BELTHANGADY TALUK D.K - 574217
ALL THE PETITIONERS ARE THE MEMBER OF THE ALADANDADY PRIMARY AGRICULTURAL CREDIT CO- OPERATIVE SOCIETY (R) (AMENDMENT IS CARRIED AS PER THE COURT ORDER DATED 09.11.2023)
…PETITIONERS (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 SOCIETY ALI ASKER ROAD BENGALURU – 560052
3.
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES PUBLIC OFFICE BUILDING OPP CORPORATION OFFICE NEW SAYYAJI RAO RAOD, MYSORE - 570024
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HC-KAR NC: 2025:KHC:24273 WP No. 24448 of 2023
4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES PUTTUR SUB-DIVISION, PUTTUR, D.K. DISTICT-574203. 5. ALADONGADI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY(R) ALADONGADY POST, BELTHANGADY TALUK, D.K. DISTRICT-574217 REPRESENTED BY ITS CEO SRI JAYAVERMA M JAIN
…RESPONDENTS (BY SRI. HARISH A.S. AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER TO QUASH THE IMPUGNED CIRCULAR ISSUED BY THE R3 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 R4 ASSISTANT REGISTRAR CO-OPERATIVE SOCIETY LTD. BEARING REF NO. AR37/RSR/26/PLN/2023-24 DATED 05/08/2023 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 WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners who are members of respondent No.5-Society are before this Court seeking for the following reliefs;
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HC-KAR NC: 2025:KHC:24273 WP No. 24448 of 2023
a. Issue a writ of certiorari or any other appropriate writ or order, to quash the impugned circular issued by the R3 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 R4 Assistant Registrar of Co-operative Society Ltd, bearing ref No. AR37/RSR/26/2023-24 dated 05.08.2023 to all the CEO’s 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 the Annexure-A and B; in so far as the petitioner herein in concerned and;
b. Grant such other relief or reliefs as this Hon’ble Court deems fit in the ends of justice. 2. By way of the impugned circulars respondent No.3- Joint Registrar and respondent No.4-Assistant Registrar had directed that a Primary Agricultural Co-operative Society is required to be registered in each gram panchayat and therefore had called upon the societies which had already been registered to delete from their area of operation, the panchayats where the Co-operative societies had not been formed to enable the formation of such a new society. It is challenging the same, that the
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HC-KAR NC: 2025:KHC:24273 WP No. 24448 of 2023
petitioners are before this Court seeking for the aforesaid reliefs. 3. This issue has been dealt with by this Court in WP No.1098/2024 in Sri Shivananja & others vs. The State of Karnataka & others dated 2.5.2025 and this Court has categorically come to a conclusion that the establishment of a Co-operative society in each panchayat would not in any manner require the deletion from the area of operation of an existing panchayat that particular gram panchayat. 4. There being no restriction on the incorporation of more than one co-operative society in a gram panchayat. If a new society is required to be established in a particular gram panchayat which was forming a part of the area of operation of an existing co-operative society there would be no requirement to delete that gram panchayat from such area of operation. - 9 -
HC-KAR NC: 2025:KHC:24273 WP No. 24448 of 2023
5.
In that view of the matter, I pass the following;
ORDER i. The writ petition is partly allowed. ii. It is clarified that the circulars dated 28.07.2023 and 05.08.2023 issued at Annexure-A and B respectively will not come in the way of establishment of any new co-operative society in the gram panchayat by other persons residing in that particular gram panchayat in terms of the order passed by this Court in WP No.1098/2024 in Sri Shivananja & others vs. The State of Karnataka & others dated 2.5.2025.
SD/- (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 0