- 1 - HC-KAR NC: 2025:KHC-D:14448-DB WA No. 100212 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT APPEAL NO. 100212 OF 2024 (CS-RES) BETWEEN: THE MANAGING DIRECTOR, THE KRISHNA CO-OPERATIVE SUGAR FACTORY LTD., ATHANI, TQ: ATHANI, DIST: BELAGAVI-591304. ...APPELLANT (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. SANGAPPA S/O BHEEMAPPA TAKKANNAVAR, AGE: 67 YEARS OCC. AGRICULTURIST, 2. ALAGOND S/O GURUPADAPPA TAKKANNAVAR, AGE: 62 YEARS, OCC. AGRICULTURIST, 3. MALLAPPA S/O GURUPADAPPA TAKKANNAVAR, AGE: 47 YEARS, OCC. AGRICULTURIST, 4. SHRISHAIL S/O GURUPADAPPA TAKKANNAVAR, AGE: 38 YEARS, OCC. AGRICULTURIST, 5. ANNAPPA S/O GURUPADAPPA TAKKANNAVAR, AGE: 61 YEARS, OCC. AGRICULTURIST, 6. RAMESH S/O SANGAPPA TAKKANNAVAR, AGE: 45 YEARS, OCC. AGRICULTURIST, 7. TAMMANNA S/O RAMAPPA TAKKANNAVAR, AGE: 32 YEARS, OCC. AGRICULTURIST, VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14448-DB WA No. 100212 of 2024 8. SIDALINGAPPA S/O DAREPPA TAKKANNAVAR, AGE: 74 YEARS, OCC. AGRICULTURIST, 9. BALAPPA S/O DAREPPA TAKKANNAVAR, AGE: 60 YEARS, OCC. AGRICULTURIST, 10. SHIVGOND S/O GURUPADAPPA TAKKANNAVAR, AGE: 58 YEARS, OCC. AGRICULTURIST, 11. SHIVAGOUDA S/O BASAGOUDA PATIL AGE: 50 YEARS, OCC: AGRICULTURIST, RESPONDENTS NO.1 TO 11 ARE R/O: HAROGERI CROSS, TQ: RAIBAG, DIST: BELAGAVI-591317. 12. THE GOVERNMENT OF KARNATAKA, R/BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU-560001. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R12) THIS WRIT APPEAL IS FILED UNDER SEC.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 12-03-2024 IN WRIT PETITION NO.103120/2015(CS-RES) PASSED BY THE LEARNED SINGLE JUDGE AND TO DISMISS THE WRIT PETITION FILED BY THE RESPONDENTS NO.1 TO 11 BY ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:14448-DB WA No. 100212 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This appeal by respondent No.2 before the learned Single Judge under Section 4 of the Karnataka High Court Act, 1961 is directed against order dated 12.03.2024 passed by the learned Single Judge in WP No.103120/2025, whereunder the respondents’ challenge to an endorsement dated 24.02.2015 canceling their membership is quashed holding that amendment Act No.3 of 2013 to Section 16(1)(a) of the Karnataka Co-operative Societies Act, 19591 is prospective in nature with effect from 11.02.2013. 2. Heard the learned counsel Sri. Shivaraj P Mudhol for the appellant/Society and learned AGA Sri. Sharad V Magadum for respondent No.12. Perused the writ appeal papers. 3. Respondents approached the learned Single Judge in WP No.103120/2015 questioning the endorsement dated 24.02.2015, whereunder their membership to the 1 For short ‘Act, 1959’ - 4 - HC-KAR NC: 2025:KHC-D:14448-DB WA No. 100212 of 2024 appellant/Society was cancelled taking note of amendment dated 11.02.2013 by Act No.3 of 2013 to the Act, 1959 to Section 16(1)(a) 4. It is not in dispute that the petitioners were enrolled as members of the Society prior to the said amendment. The amendment by way of Act No.3 of 2013 to Section 16, permitted the enrollment of members, who are residing in the area of operation of the Society. On the ground that the petitioners are not the residents of the area of operation of the appellant/Society, membership of the petitioners with the appellant/Society was cancelled. 5. Learned Single Judge on consideration of contention of both the parties, rightly held that the amendment to Section 16 of the Act, 1959 by Act No.13 of 2013 is prospective in nature. Moreover, the said amendment would not permit the appellant/Society to cancel the membership, which has been granted prior to the said amendment. We do not find any merit in the writ appeal and accordingly, writ appeal stands rejected. - 5 - HC-KAR NC: 2025:KHC-D:14448-DB WA No. 100212 of 2024 Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 19