- 1 - HC-KAR NC: 2025:KHC:27043 WP No. 27064 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27064 OF 2023 (CS-RES) BETWEEN: THE KARNATAKA MILK FEDERATION LIMITED, KMF COMPLEX, DR. MARIGOWDA ROAD, HOSUR ROAD, BANGALORE - 560 029, REPRESENTED BY ITS MANAGING DIRECTOR REG. UNDER CO.OP SOCIETIES ACT, 1959. …PETITIONER (BY SRI. PRASHANTH B.R, ADVOCATE) AND: 1. THE ADDL. REGISTRAR CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BANGALORE - 560 001. 2. SRI. JAIKUMAR J S/O LATE JAIRAJ D AGED ABOUT 43 YEARS, NO.26, 2ND FLOOR, 1ST B MAIN ROAD, B KRISHNAPPA LAYOUT, R.P.C. LAYOUT, BANGALORE - 560 104. 3. SRI. RAGHAVENDRA H K ADDITIONAL DIRECTOR (ENGINEERING) ENGINEERING DIVISION, KARNATAKA STATE CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27043 WP No. 27064 of 2023 KMF COMPLEX, P.B.NO. 2915 D.R. COLLEGE POST, DR. M.H. MARIGOWDA ROAD, BENGALURU - 560 029. 4. SRI. RAGHUNANDAN M ADDITIONAL DIRECTOR (MARKETING) MARKETING DIVISION, KARNATAKA STATE CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., KMF COMPLEX, P.B. NO. 2915, D.R.COLLEGE POST, DR. M.H.MARIGOWDA ROAD, BENGALURU - 560 029. 5. SRI. SURESH NAIK K. M. MANAGING DIRECTOR, DHARWAD DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., PRODUCT DAIRY, VIDHYAGIRI POST, LAKKAMMANAHALLI, INDUSTRIAL AREA, DHARWAD - 580 004. 6. SRI. CHANDRAPPA G M MANAGING DIRECTOR (TECHNICAL) BANGALORE URBAN AND RURAL DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., DR. M.H. MARIGOWDA ROAD, BENGALURU - 560 029. 7. SRI MANJUNATH H.S., ADDITIONAL DIRECTOR, ENGINEERING DEPARTMENT, KARNATAKA STATE CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., KMF COMPLEX, P.B. NO. 2915 D.R.COLLEGE POST DR. M.H. MARIGOWDA ROAD, BENGALURU - 560 029. - 3 - HC-KAR NC: 2025:KHC:27043 WP No. 27064 of 2023 8. DR. WADAPI B.B. MANAGING DIRECTOR, DEMPO DAIRY INDUSTRIAL LTD., ASANGI, NEAR BANNAHATTI RABAKAVI, JAMAKHANDI, BAGALKOTE - 587 317. 9. SRI. JAGADEESH H J MANAGING DIRECTOR, MANDYA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., GEJJALAGERE, MANDYA TALUK AND DISTRICT - 571 428. 10. DR. RAVISHANKAR HEGDE M.R. GENERAL MANAGER (P AND I) KOLAR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., NH-4, HUTTUR POST, KOLAR - 563 102. 11. DR. KRISHNA REDDY G GENERAL MANAGER, MARKETING DIVISION, MOTHER DAIRY, YELAHANKA, G.K.V.K., BENGALURU - 560 064. 12. SRI GOPALAIAH, MANAGING DIRECTOR, HASSAN DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., INDUSTRIAL AREA, B.M. ROAD, HASSAN - 573 201. 13. SRI. SHIVALINGE GOWDA K ADDITIONAL DIRECTOR (PURCHASE) PURCHASE DIVISION, KARNATAKA STATE CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., KMF COMPLEX, P.B.NO. 2915 D.R.COLLEGE POST, DR. M.H. MARIGOWDA ROAD, BENGALURU - 560 029. - 4 - HC-KAR NC: 2025:KHC:27043 WP No. 27064 of 2023 14. SRI. RAMESHA B KANNUR ADDITIONAL DIRECTOR (FINANCE) FINANCE DIVISION, KARNATAKA STATE CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., KMF COMPLEX, P.B. NO. 2915, D.R.COLLEGE POST, DR. M.H. MARIGOWDA ROAD, BENGALURU - 560 029. 15. DR. CHANDRASHEKAR A R MANAGING DIRECTOR, TUMKUR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., B.H.ROAD, TUMKUR - 572 201. 16. DR. KRISHNA REDDY N ADDITIONAL DIRECTOR, NANDINI SPERM STATION, KOKALU POST, HESARAGHATTA, BENGALURU - 560 089. 17. SRI. ASHOK D MANAGING DIRECTOR, BIJAPURA AND BAGALKOTE DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., BIJAPUR DAIRY, BOOTHNAL, BIJAPURA - 586 103. …RESPONDENTS (BY SRI. RACHANA BHARADWAJ R, ADVOCATE FOR R2; SRI. HARISH A.S, AGA FOR R1) - 5 - HC-KAR NC: 2025:KHC:27043 WP No. 27064 of 2023 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO a) SET ASIDE THE ORDER DATED 12/11/2021 AT ANNEXURE-A PASSED BY THE HONBLE KARNATAKA ADMINISTRATIVE TRIBUNAL IN APPEAL NO. 172/2017 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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. Set aside the order dated 12.11.2021 at Annexure-A passed by the Hon'ble Karnataka Administrative Tribunal in Appeal No.172/2017. b. Set aside the order dated 10.03.2023 at Annexure B passed by the Hon'ble Karnataka Administrative Tribunal in Co-op, Review Petition No.1/2022. c. Set aside the order dated 18.03.2017 at Annexure-G passed by the First Respondent. d. Call for entire records pertaining to Dispute- 1/04/2014-15, on the file of the First Respondent; e. Issue any other appropriate writ or direction, as this Hon'ble Court deems fit and proper to grant in the circumstances of the case in the interest of justice and equity. - 6 - HC-KAR NC: 2025:KHC:27043 WP No. 27064 of 2023 2. Respondent No.2 had filed proceedings in Dispute No.1/04/2014-15 before the Additional Registrar of Co-operative Societies alleging that the promotion due to Respondent No.2 was denied and that promotion had been granted to Respondent Nos.3 to 17 herein. The Additional Registrar of Co-operative Societies allowed the dispute and directed the petitioner herein to consider the seniority of Respondent No.2 and redo the seniority. Challenging the same, the petitioner had filed an appeal in Appeal No.172 of 2017 before the Karnataka Appellate Tribunal. In the said appeal, steps were not taken to bring Respondent Nos.3, 4, 5, 7, 8, 10, 12, 13, 14 and 16 on record and is on that account that the Appellate Tribunal dismissed the appeal filed by the petitioner on the ground that there is a joint cause of action against all the respondents. 3. It is this order, which is being challenged in the present proceedings. - 7 - HC-KAR NC: 2025:KHC:27043 WP No. 27064 of 2023 4. The order which had been passed by the Additional Registrar of Co-operative Societies in the Dispute was as regarding redoing the seniority by considering the seniority of Respondent No.2, which has not been challenged by the other respondents. The petitioner, having challenged the same, it is the petitioner alone who is the aggrieved party and other than Respondent No.2 none can be said to be aggrieved parties. Even if the proceedings are dismissed against those respondents, the issue as regards the grant of seniority to Respondent No.2 would have to be independently considered. Needless to say, if the other respondents are aggrieved by the order, they could also challenge the same. 5. In that view of the matter, I am of the considered opinion that the order passed by the Appellate Tribunal dismissing the appeal of the petitioner on account of steps not being taken in respect of the other respondents is not sustainable. - 8 - HC-KAR NC: 2025:KHC:27043 WP No. 27064 of 2023 6. The appeal could have only been dismissed as regards the respondents against whom steps have not been taken. This aspect ought to also have been considered in the review petition filed by the petitioner in Review Petition No.1 of 2022 vide order dated 10.03.2023 by holding that there is no mistake or error apparent on the face of the record. 7. In my considered opinion, there was an error apparent on the face of the record as indicated supra in dismissal of the entire appeal when the appeal was required to be dismissed only against the persons as regards whom process has not been taken. 8. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed; ii) The order dated 10.03.2023 passed by the Karnataka Appellate Tribunal in Review Petition No.1 of 2022 is set aside; - 9 - HC-KAR NC: 2025:KHC:27043 WP No. 27064 of 2023 iii) The order dated 12.11.2021 dismissing the appeal in Appeal No.172 of 2017 is set aside; iv) The appeal is restored to file directing the Karnataka Appellate Tribunal to consider the appeal as per the grievance raised by the petitioner herein who is the appellant therein and the reply thereto, by Respondent No.2 as expeditiously as possible since the matter is of the year 2013. SD/- (SURAJ GOVINDARAJ) JUDGE DH List No.: 1 Sl No.: 32 CT: BHK