- 1 - HC-KAR NC: 2025:KHC:19291 WP No. 35938 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35938 OF 2024 (CS-RES) BETWEEN: PRATHAMIKA KRISHI PATTINA SAHAKARA SANGHA LTD (A SOCIETY REGISTERED UNDER KCS ACT 1959) REGD OFFICE: MAKONAHALLI, MAKONAHALLI, MUDIGERE TALUK CHIKKAMAGALURU DISTRICT REP BY ITS PRESIDENT MR ASHWATH M N AGE: 58 YEARS …PETITIONER (BY SRI. MAHESH R UPPIN., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPEARTION VIKAS SOUDHA BENGALURU-560001. 2. THE REGISTRAR OF CO-OPEARTIVE SOCIETIES NO.1, ALI ASKAR ROAD BENGALURU-560052. 3. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES CHIKKAMAGALURU DISTRICT NEAR ZILLA PANCHAYATH OFFICE OPP: FIRE STATION, K M ROAD, CHIKKAMGALURU-577102. 4. THE ASST. REGISTRAR OF CO OPEARTIVE SOCIETIES CHIKKAMGALURU SUB DIVISION NEAR DISTRICT TRAINING CENTER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19291 WP No. 35938 of 2024 K M ROAD, HOUSING BOARD CHIKKAMAGALURU-577102 5. PRATHAMIKA KRISHI PATTINA SAHAKARA SANGHA LTD (A SOCIETY REGISTERED UNDER KCS ACT 1959) NANDIPURA, MUDIGERE TALUK CHIKKAMGALURU DISTIRCT 577132 BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SRI. HARISH A.S., AGA FOR R1 TO R4; SRI. SANCHAN JAINANDAN., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DTD 06.02.2024 BEARING NO. AR-26/CHA- 4/NONDANI/SHE.SUM.AA/05/2023-24 PASSED BY R-4 MARKED AS ANNX-E THE ORDER DTD 11.03.2024 BEARING NO.AR-26/C- 4/BYE.TEE/12(6)/2023-24 PASSED BY R-4 MARKED AS ANNX-H AND THE ORDER DTD 13.03.2024 BEARING NO. AR-26/C- R/RSR/46668/04/2023-24 PASSED BY THE R-4 MARKED AS ANNX-J BY ISSUING A WRIT IN THE NATURE OF CERTIORARI THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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. Quash the Orders dated: 6.2.2024 bearing No. AR- 26/Cha-4/Nonduani/She.Sum.Aa/05/2023-24 passed by R4 marked as Annexure-E, the Order dated 11.03.2024 bearing No. AR-26/C-4/Bye-Tee 12(6)/2023-24 passed by R4 marked as Annexure- H and the order dated 13.03.2024 bearing No. AR- - 3 - HC-KAR NC: 2025:KHC:19291 WP No. 35938 of 2024 26/C-4/RSR/46668/04/2023-24 passed by the R4 marked as Annexure-J by issuing a writ in the nature of Certiorari. b. Issue writ in the nature of mandamus to 5th Respondent to transfer the members enrolled by it to the petitioner society and allow the petitioner to carryon its business over the territorial area including Nandipura Grama Panchayat area; and c. Grant such other relief as may be deemed fit to grant under the circumstances of the case in the interest of equity and justice. 2. The grievance of the Petitioner is that the Petitioner being a Primary Agricultural Credit Cooperative Society carrying on its operations in Makonahalli and Nandipura Gram Panchayats, Respondent No.5 also intending to set up one more Cooperative Society in Nandipura Gram Panchayat. An application had been filed by the promoters to permit Respondent No.5 to collect share capital and enroll members in pursuance of which Respondent No.4-Assistant Registrar of Cooperative Societies by exercising powers under subsection (6) of Section 12 had directed the Petitioner to amend the bylaws of the Petitioner society releasing the villages falling under - 4 - HC-KAR NC: 2025:KHC:19291 WP No. 35938 of 2024 Nandipura Gram Panchayat and in pursuance thereof registered the Respondent No.5 Society. 3. The submission of Sri.Mahesh R.Uppin, learned counsel for the Petitioner is that there could neither be another cooperative society registered in Nandipura Gram Panchayat which falls within the area of operation of the Petitioner nor could a direction be issued to delete the area of operation by the ARCS or a further direction issued to transfer the members of the Petitioner from Nandipura to Respondent No.5 - Society. 4. The lis in the above matter is considered and covered by the decision of this Court in the case of Shivananja and others vs. State of Karnataka and others1 wherein this Court has categorically held that there cannot be any direction issued by the Registrar for deleting any Gram Panchayat from the 1 W.P.No.1098/2024 dated 2.5.2025 - 5 - HC-KAR NC: 2025:KHC:19291 WP No. 35938 of 2024 area of operation and or issue a direction to transfer members from one society to the other. That being so, Respondent No.4 could not have issued a direction under subsection (6) of Section 12 directing the deletion of Nandipura Gram Panchayat from the area of operation of the Petitioner society. 5. Though a challenge has been made by the Petitioner as regards the permission afforded to Respondent No.5 society to collect subscription charges and enroll members as also a challenge has been made to the registration of Respondent No.5 Cooperative Society, I am of the considered opinion that the Petitioner cannot have any grievance in relation to those particular orders which aspect has also been considered in Shivananja’s case. In that view of the matter, I pass the following: - 6 - HC-KAR NC: 2025:KHC:19291 WP No. 35938 of 2024 ORDER i) The Writ Petition is partly allowed. ii) The order dated 11.3.2024 bearing No.AR- 26/C-4/Bye-Tee-12(6)/2023-24 passed by Respondent No.4 at Annexure-H and the order dated 13.03.2024 bearing No. AR-26/C- 4/RSR/46668/04/2023-24 passed by Respondent No.4 at Annexure-J are quashed. iii) It is made clear that the registration of Respondent No.5 Society will continue so also Respondent No.5 Society can operate in Nandipura Gram Panchayat as per the observation made in Shivananja 's case. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 64