- 1 - HC-KAR NC: 2025:KHC:39743-DB WA No. 1820 of 2024 C/W WA No.1834 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1820 OF 2024 (CS-RES) C/W WRIT APPEAL NO. 1834 OF 2024 (CS-RES) IN WA No.1820 OF 2024 BETWEEN: 1. SRI PUNEETH KUMAR K S S/O. SHOORAPPA GOWDA, AGED ABOUT 37 YEARS, KOPPADKA HOUSE, KALMAKARU VILLAGE, SULLIA TALUK, DAKSHINA KANNADA-574221, ceopacsbilinele@gmail.com 2. THE EXECUTIVE OFFICER, BILINELE PRIMARY AGRL. CREDIT CO-OP SOCIETY LTD., P.O NETTANA, KADABA TALUK, DAKSHINA KANNADA-574230. …APPELLANTS (BY SMT. RASHMI R, ADVOCATE FOR SRI. SUBRAMANYA BHAT M, ADVOCATE) AND: 1. SRI RANJITH D S/O SEETHARAM GOWDA D, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39743-DB WA No. 1820 of 2024 C/W WA No.1834 of 2024 AGED ABOUT 32 YEARS, R/AT DEKKALA HOUSE, EDAMANGALA VILLAGE, SULLIYA TALUK, DAKSHINA KANNADA-574221 2. THE PRESIDENT BILINELE PRIMARY AGRL. CREDIT CO-OP SOCIETY LTD, P.O NETTANA KADABA TALUK, DAKSHINA KANNADA-574230. 3. ASSISTANT REGISTRAR, BILINELE PRIMARY AGRL. CREDIT CO-OP SOCIETY LTD PUTTUR SUBDIVISION, PUTTUR, DAKSHINA KANNADA-574230. 4. DEPUTY REGISTRAR, BILINELE PRIMARY AGRL. CREDIT CO-OP SOCIETY LTD, MANGALORE, DAKSHINA KANNADA-574230. …RESPONDENTS (BY SRI. B.S. SACHIN, ADVOCATE FOR C/R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 23.09.2024 PASSED IN WRIT PETITION No. 26677/2023 (CS-RES) ON THE FILE OF THE LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION, TO MEET THE ENDS OF JUSTICE AND ETC. IN WA No.1834 OF 2024 BETWEEN: THE PRESIDENT BILINELE PRIMARY AGRL. CREDIT CO-OP SOCIETY LTD, - 3 - HC-KAR NC: 2025:KHC:39743-DB WA No. 1820 of 2024 C/W WA No.1834 of 2024 P.O NETTANA KADABA TALUK, DAKSHINA KANNADA-574230, ceopacsbilinele@ gmail.com. …APPELLANT (BY SRI. SHRIDHAR PRABHU, ADVOCATE) AND: 1. SRI RANJITH D S/O SEETHARAM GOWDA D, AGED ABOUT 32 YEARS, R/AT DEKKALA HOUSE, EDAMANGALA VILLAGE, SULLIYA TALUK, DAKSHINA KANNADA-574221 2. SRI. PUNEETH KUMAR K. S S/O. SHOORAPPA GOWDA, AGED ABOUT 37 YEARS, KOPPADKA HOUSE, KALMAKARU VILLAGE, SULLIA TALUK, DAKSHINA KANNADA-574221. 3. THE EXECUTIVE OFFICER, BILINELE PRIMARY AGRL. CREDIT CO-OP SOCIETY LTD., P.O NETTANA, KADABA TALUK, DAKSHINA KANNADA-574230. 4. ASSISTANT REGISTRAR, BILINELE PRIMARY AGRL. CREDIT CO-OP SOCIETY LTD PUTTUR SUBDIVISION, PUTTUR, DAKSHINA KANNADA-574230 5. DEPUTY REGISTRAR, BILINELE PRIMARY AGRL. CREDIT CO-OP SOCIETY LTD, MANGALORE, - 4 - HC-KAR NC: 2025:KHC:39743-DB WA No. 1820 of 2024 C/W WA No.1834 of 2024 DAKSHINA KANNADA-574230 …RESPONDENTS (BY SRI. B.S. SACHIN, ADVOCATE FOR C/R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 23.09.2024 PASSED IN WP No-26677/2023 (CS-RES) ON THE FILE OF THE LEARNED SINGLE JUDGE AND DISMISS THE WP TO MEET THE ENDS OF JUSTICE. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the application - I.A.2/2024 in W.A. No.1820/2024, the same is allowed. Delay of 39 days in filing the appeal is condoned. For the reasons stated in the application - I.A.2/2024 in W.A. No.1834/2024, the same is allowed. Delay of 45 days in filing the appeal is condoned. 2. The appellants have filed the present appeals impugning an order dated 23.09.2024 passed by the learned Single Judge in W.P. No.26677/2023 [CS-RES]. The aforementioned Writ Petition - 5 - HC-KAR NC: 2025:KHC:39743-DB WA No. 1820 of 2024 C/W WA No.1834 of 2024 was filed by the respondents impugning the decision of the appellant-Society [Bilinele Primary Agricultural Credit Co-Op Society Ltd.,] in appointing Sri Puneeth Kumar K.S. who was arrayed as respondent No.1 in the writ petition as a Chief Executive Officer. Apparently, the writ petitioner's candidature was not considered on account of a criminal case pending against him. Writ petitioner is acquitted in the said case and the said fact was not before the concerned Committee of the appellant-Society. In view of the above, learned Single Judge allowed the writ petition and set aside the order appointing Sri Puneeth Kumar K.S. as Chief Executive Officer. The matter was remanded to the concerned Committee for considering afresh. 3. Learned counsel for the appellants contended that the writ petition is not maintainable as the appellant-Society is not a State under Article 12 of the Constitution of India. It is also not charged with any public function. In addition, it is submitted that the decision to appoint Sri Puneeth Kumar K.S. could not be faulted as on the date when the said decision was taken, a criminal case was pending against the writ petitioner. Concededly, the question whether the writ petition is maintainable or not was not urged - 6 - HC-KAR NC: 2025:KHC:39743-DB WA No. 1820 of 2024 C/W WA No.1834 of 2024 before the learned Single Judge and therefore, the learned Single Judge has not ruled on the said question. We also note that the learned Single Judge has not issued any directions to the Society for appointing the writ petitioner as the Chief Executive Officer. The Court has merely remanded the matter back to consider the issue afresh. After some arguments, learned counsel for the appellants submits that the appeals may be disposed of, while reserving all rights and contentions of the appellants. 4. Learned counsel for the respondents submits that he has no objection to the said course. 5. In view of the above, the present appeals are disposed of. We clarify that all rights and contentions of the parties are reserved. The question whether the writ petition is maintainable against the Bilinele Primary Agricultural Credit Co-Op. Society Ltd., is left open. We also clarify nothing stated in the impugned order shall be considered as a direction to the appellant Society for appointing the writ petitioner as a Chief Executive Officer. The impugned order be construed merely as a direction to the appellant - Society for taking an informed decision. Time for complying with - 7 - HC-KAR NC: 2025:KHC:39743-DB WA No. 1820 of 2024 C/W WA No.1834 of 2024 the impugned order is extended for a period of three months from this date. 6. Pending I.A. also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 24