- 1 - NC: 2025:KHC:15434 WP No. 28457 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28457 OF 2023 (CS-RES) BETWEEN: 1. SMT. LATHA W/O K M GURU AGED 44 YEARS, 2. SRI SHIVALINGAIAH S/O ANKU GOWDA AGED 60 YEARS 3. SMT KAMALAMMA W/O GURULINGAIAH AGED 55 YEARS 4. SRI PRAKASH S/O LATE SHIVALINGAIAH AGED 45 YEARS 5. SRI RAJAIAH S/O RANGEGOWDA AGED 60 YEARS 6. SRI RAMACHANDRU S/O SIDDEGOWDA AGED 60 YEARS 7. SRI RAJU K C S/O MARIAPPA AGED 55 YEARS 8. PUTTASIDDEGOWDA K P S/O PUTTASWAMY GOWDA AGED 55 YEARS 9. SMT. BAGHYA W/O SIDDEGOWDA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15434 WP No. 28457 of 2023 AGED 45 YEARS ALL ARE MEMBERS OF BOARD OF MANAGEMENT OF KANASANDRA MILK PRODUCER CO-OPERATIVE SOCIETY, CHENNAPATNA TALUK, RAMNAGAR - 562160. …PETITIONERS (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA, BENGALURU - 560 001 REPT BY ITS PRINCIPAL SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (RAMNAGAR) WARD NO.30, MALLESHWARAAM LAYOUT, IJOOR RAMNAGAR DISTRICT. 3. KANASANDRA MILK PRODUCER CO-OPERATIVE SOCIETY. CHENNAPATNA TALUK RAMANAGAR DISTRICT (REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT) BY ITS INCHARGE CHIEF EXECUTIVE OFFICER 4. S M RAGHU THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (RAMNAGAR) WARD NO.30, MALLESHWARAAM LAYOUT, IJOOR RAMNAGAR DISTRICT. …RESPONDENTS (BY SRI. YOGESH D.NAIK., AGA FOR R1 & R2; SRI. PRAMOD REDDY., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE DECLARING THAT CONTEMPLATED DISQUALIFICATION PROCEEDINGS AS PER NOTICE DTD 08.12.23 , - 3 - NC: 2025:KHC:15434 WP No. 28457 of 2023 IN KRAMANK SA.NI. RAA-46/KA.KE.NHO.2023-24, BY THE R2 UNDER SECTION 29 CO F KARNATAKA CO-OPERATIVE SOCIETIES ACT AT ANNEXURE-G TO G8, IS WITHOUT JURISDICTION ILLEGAL ARBITRARY AND MALAFIDE EXERCISE OF POWER 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 are before this Court seeking for the following reliefs: a. Issue a writ of appropriate nature declaring that contemplated disqualification proceedings as per notice dated 08.12.2023 in Kramank: Sa.Ni.Raa- 46/Ka.Ke.Nho/2023-4, by the respondent No.2 under section 29C of the Karnataka Co-operartive Societies Act at Annexure-G to G8, is without Jurisdiction illegal arbitrary and malafide exercise of power. b. Issue a writ of appropriate Nature of Certiorari quashing Annexure-G to G8, notice dated 08.12.2023 in Kramank:Sa.Ni.Raa- 46/Ka.Ke.Nho/2023-24, by the respondent No.2 under Section 29C of Karnataka Co-operative Societies Act is without jurisdiction; and c. Issue a writ of appropriate nature directing the 1st respondent to initiate appropriate action against the 2nd respondent for issuing the impugned Notice under Section 29-C of KCS act to comply his order despite bringing to his notice of stay order of this Hon’ble Court being in force forthwith; and d. Pass such other Consequential relief as the circumstances of case warrants in ends of justice. - 4 - NC: 2025:KHC:15434 WP No. 28457 of 2023 2. A memo dated 5.4.2025 has been filed signed by the learned counsel for the petitioners, which reads as under: “Memo for Withdrawal The challenge in the petition being against show cause notice issued under Section 29-C of Karnataka Co-operative Societies Act. The petitioners being advised to avail alternative remedy available in the law. The Petitioner be permitted to withdraw the above petition by giving reply to impugned show cause notice by raising all contentions raised in the above petition, with such liberty seeks to withdraw above petition in the ends of justice.” 3. Accepting the said memo and the submission of the learned counsel for the Petitioners, reserving liberty to the petitioners to raise all issues in the reply to the show cause notice, the Writ Petition stands dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 2