- 1 - HC-KAR NC: 2025:KHC-D:16022 WP No. 102650 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102650 OF 2022 (GM-KSR) BETWEEN: SMT. DUGGI SRIDEVI, AGE: 54 YEARS, CHAIRPERSON VINAYAKA EDUCATION SOCIETY, PLOT NO.4, NEW VIJAYANAGAR COLONY, OLD MARKET ROAD, CONTONMENT,BALLARI-583101. …PETITIONER (BY SRI. B.S. SANGATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. 2. THE DEPTUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BALLARI-583104, AT/PO. BALLARI, JANATA BAZAR, DIST. BALLARI. 3. VINAYAKA EDUCATION SOCIETY, NO.5, SURYA COLONY, INFANTRY ROAD, BALLARI-583104, R/BY ITS SECRETARY …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA, R1 TO R2; SRI. K.L. PATIL, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.2 TO CONSIDER REPRESENTATION DATED 14/7/2021 PRODUCED VIDE ANNEXURES.D. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16022 WP No. 102650 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following reliefs. “a) Issue writ in the nature of mandamus directing Respondent No.2 to consider representation dated 14.07.2021 produced vide Annexure D. b) To pass any other order, direction as deemed fit in the circumstances of the case.” 2. Heard the learned counsel Sri. B.S. Sangati, appearing for the petitioner, the learned AGA for respondent Nos.1 and 2 and the learned counsel Sri. K.L. Patil, appearing for respondent No.3. 3. The petitioner who claims to be the erstwhile President of the Society during the period 2005-06, is now before this Court seeking for issuance of a writ in the nature of mandamus directing the District Registrar before whom the petitioner has registered the complaint, to hold an enquiry. 4. The learned counsel for the petitioner submits that there are several irregularities committed in the Society and - 3 - HC-KAR NC: 2025:KHC-D:16022 WP No. 102650 of 2022 therefore, the District Registrar Co-operative Societies must be directed to hold an enquiry in terms of law. 5. The learned counsel Sri. K.L. Patil representing the respondent would submit that no direction of that kind can be issued since if an enquiry has to be conducted, atleast 1/3rd of the members of the Society should complain before the Deputy Registrar Co-operative Societies. The learned counsel further submits that the petitioner who claims to be the erstwhile President or even the present President cannot file a petition seeking enquiry into the affairs of the society. The learned counsel would not dispute the position in law, but would submit that it is only for a direction by issuance of a writ in the nature of mandamus which could be considered to be disposed. 6. The submission of the counsel for the petitioner is unacceptable. Though it is a simple direction by issuance of a writ in the nature of mandamus even for the said writ a right must be demonstrated and only if a right is demonstrated, it would be a remedy for a direction by issuance of a writ in the nature of mandamus. A mandamus that would result in an action contrary to the statute can never be issued by this Court. - 4 - HC-KAR NC: 2025:KHC-D:16022 WP No. 102650 of 2022 7. In that light, the petition, being meirtless, stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE Rsh / CT:ANB List No.: 1 Sl No.: 4