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High Court of Karnataka · body

2025 DAILYLAW 46183 (KAR)

SRI SHRIDHAR AITAL v. THE STATE OF KARNATAKA

WP/2915/2025 · 2025-02-18

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:7599 WP No. 2915 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2915 OF 2025 (CS-EL/M) BETWEEN: 1. SRI SHRIDHAR AITAL S/O NARASIMHA ALTAL, AGED ABOUT 75 YEARS, R/AT MUTTINAKOPPA, MANDAGADDE, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO.462/2 2. SMT. MALAMMA W/O DODDA KARIYAYYA, AGED ABOUT 60 YEARS, R/AT KORALAKOPPA, MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 603/4. 3. SRI. M.G. ELEAS, S/O M.A. VARGIS, AGED ABOUT 65 YEARS, R/AT SHANKARAPURA, MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 749/5. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7599 WP No. 2915 of 2025 4. SRI. C.P.PAPU, S/O PALOS, AGED ABOUT 58 YEARS, R/AT K.KANABHOORU, MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134 SHARE NO. 954/6. 5. SRI. AKTAR UNNIS, S/O SYED AHMED, AGED ABOUT 56 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1136/8. 6. SMT. JALALAKSHMI W/O RAMEGOWDA, AGED ABOUT 50 YEARS, R/AT K.KANABHOORU, MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134 SHARE NO. 1156/8. 7. SMT. NOORUNNISA W/O ABAID MAJEED, AGED ABOUT 48 YEARS, R/AT MUTTINAKOPPA NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1168/9. 8. SMT. ANSHAD PHATIMA W/O SYED RIYAZ, AGED ABOUT 28 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, - 3 - NC: 2025:KHC:7599 WP No. 2915 of 2025 CHIKMAGALUR DIST-577134, SHARE NO. 1188/9. 9. SRI. SANJAY.H.S S/O H.B. SATYANARAYANA, AGED ABOUT 45 YEARS, R/AT MADABOORU, MUTTINAKOPPA, N R TALUK CHIKAMAGALURU - 577134 SHARE NO 1237/9 10. SRL. H.S.REMARAJ S/O SHANKARAPPAGOWDA, AGED ABOUT 52 YEARS, R/AT MADABOORU, MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1269/9. 11. SRI. JUJEED AHMED S/O DASTAGIRI SAB, AGED ABOUT 48 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1276/10. 12. SRI. K.M.KUMARASWAMY S/O MANJAPPA GOWDA, AGED ABOUT 56 YEARS, R/AT KORALAKOPPA, K.KANABHOORU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1319/10. 13. SRI.H.N.SATYANARAYANA - 4 - NC: 2025:KHC:7599 WP No. 2915 of 2025 S/O H.R. LAKSMANA NAIK, AGED ABOUT 54 YEARS, R/AT HODEYALA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1333/10. 14. SRI. A.S.PRAKASHA S/O A.M.SIDDAPPAGOWDA, AGED ABOUT 53 YEARS, R/AT BHAIRAPURA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1346/10. 15. SRI. NAGARAJ ACHAR S/O RUKKAMYAYA ACHAR, AGED ABOUT 59 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1362/11. 16. SRI.M.C.VARGIS S/O M.I.SKARIYA, AGED ABOUT 60 YEARS, R/AT K.KANABHOORU, MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1371/11. 17. SRI.GEETA W/O H.B.SHIVAMURTI, AGED ABOUT 53 YEARS, R/AT HIREGADDE, MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1393/11. - 5 - NC: 2025:KHC:7599 WP No. 2915 of 2025 18. SRI. IQBAL PASHA SAB SAHEB, AGED ABOUT 38 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1407/11. 19. SMT. DILSHAD BANU W/O ABIL MAJEED, AGED ABOUT 45 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1421/11. 20. SRI. RAMAMANI S/O SAMPATH KUMAR, AGED ABOUT 53 YEARS, R/AT MADABOORU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1445/11. 21. SRI. TIMMAPPA S/O SUBBA NAIK, AGED ABOUT 70 YEARS, R/AT SHANKARAPURA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1446/11. 22. SRI. POONISH KUMAR S/O H.S. GOPALA KRISHNA, AGED ABOUT 53 YEARS, /AT ALDOORU, UMBLEBAILU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, - 6 - NC: 2025:KHC:7599 WP No. 2915 of 2025 SHARE NO. 1475/12. 23. SRI. A.H.RENUKA S/O MOHAN, AGED ABOUT 53 YEARS, R/AT K.KANABHOORU, MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1463/12 24. SRI. RANGANATH S/O RANGAPPA, AGED ABOUT 50 YEARS, R/AT KORALAKOPPA, K.KANABHOORU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1487/12. 25. SRI. SANDIPPA S/O KRISHNAMURTHY, AGED ABOUT 36 YEARS, R/AT CHEBYENADU, MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1511/12. 26. SMT. SHOOSHILAMMA W/O DODDA MANJSNAIKA, AGED ABOUT 50 YEARS, R/AT KUPOORU, MADABOORU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1525/12. 27. SMT. SUCHITRA - 7 - NC: 2025:KHC:7599 WP No. 2915 of 2025 W/O YOGEENDRA, AGED ABOUT 39 YEARS, R/AT KONAKERE, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1527/12. 28. SRI. MOHAMMED GOUSE S/O AMEER SAB, AGED ABOUT 58 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1529/12. 29. SRI.H.P.DEVARAJ S/O PADMA NAIK, AGED ABOUT 56 YEARS, R/AT HODIYALA, KONAKERE, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1540/12. 30. SRI.ABDUL RAMAL KHAN S/O RASOOL KHAN, AGED ABOUT 59 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1547/12. 31. SMT. SKARIYA W/O M.C.ABRAHIM, AGED ABOUT 39 YEARS, R/AT MUTTINAKOPPA, - 8 - NC: 2025:KHC:7599 WP No. 2915 of 2025 NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1548/12. 32. SRI. CHANDRAPPA.V S/O VENKATESHGOWDA, AGED ABOUT 65 YEARS, R/AT KUSUBHOORU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1561/13. 33. SRI. RAMACHANDRA.H.C S/O CHANNAPPAGOWDA, AGED ABOUT 65 YEARS, R/AT MADABOORU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1568/13. 34. SRI. NAGENDRA.K.R S/O RAMEGOWDA, AGED ABOUT 50 YEARS, R/AT KORALAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1591/13. 35. SMT. NYMUNNISA NISA W/O SYED HUSSAIN, AGED ABOUT 48 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1602/13. - 9 - NC: 2025:KHC:7599 WP No. 2915 of 2025 36. SRI.D.JAYARAM S/O DUGGEYYAGOWDA, AGED ABOUT 65 YEARS, R/AT BHAIRAPURA, UMABALEBAILU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1620/13. 37. SRI. M.A.VASUDEVA S/O ACCHANNA ACHARYA, AGED ABOUT 58 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1633/13. 38. SRI.H.KIRAN S/O A.S.HIRIYANNA, AGED ABOUT 65 YEARS, R/AT MAKKIKOPPA, KORALAKERE, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1666/13. 39. SRL. PAVANKUMAR S/O VISHNU ACHARYA, AGED ABOUT 42 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1695/13. 40. SRI. ABDUL NAZEER S/O ABDUL NABI, - 10 - NC: 2025:KHC:7599 WP No. 2915 of 2025 AGED ABOUT 49 YEARS, R/AT SHANKARAPURA, MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1714/13. 41. SRI.K.R.RAJENDRA S/O RAMEGOWDA, AGED ABOUT 45 YEARS, R/AT KORALAKOPPA, MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1715/13. 42. SMT. RADHA W/O SUBRAHMANYA, AGED ABOUT 42 YEAR, R/AT CHABBENADU, MUTTINAKOPPA N R TALUK CHIKKAMAGALURU DISTRICT - 577134 SHARE NO 1730/13 43. SRI.K.P.KORAKUNJU S/O K.K.PALOS, AGED ABOUT 53 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1803/14. 44. SRI. BYBONISA S/O ABDUL KALEED, AGED ABOUT 49 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, - 11 - NC: 2025:KHC:7599 WP No. 2915 of 2025 SHARE NO. 1827/14. 45. SMT. PHAREEDA W/O ATTIK, AGED ABOUT 39 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1831/14. 46. SMT. PALEMACHI W/O NASIK KHAN, AGED ABOUT 55 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1833/14. 47. SMT. RASHEEDA W/O MOHAMMED DASTA HEER, AGED ABOUT 53 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1837/14. 48. SMT. B.AYEESHA W/O MOHAMMED SANAVULLA, AGED ABOUT 39 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1840/14. - 12 - NC: 2025:KHC:7599 WP No. 2915 of 2025 49. SRI. SIPHIYA BANU S/O SYED AYAZ, AGED ABOUT 39 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1853/14. 50. SMT. ASAM W/O SAN JAN JAB, AGED ABOUT 39 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1859/14. 51. SMT. BUSAY BANU W/O SYED SAPHIRA, AGED ABOUT 39 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1862/14. 52. SMT. ANJUM.R W/O SYED BHASHIRU, AGED ABOUT 42 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1863/14. 53. SMT. JALEKA. B W/O SYED JAVIDH, AGED ABOUT 45 YEARS, - 13 - NC: 2025:KHC:7599 WP No. 2915 of 2025 R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1867/14. 54. SRI. JEENALVUNEES S/O SIDDAL, AGED ABOUT 46 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1868/14. 55. SMT. PHASEESHA PAVEEN W/O SYED HIDAYAT, AGED ABOUT 49 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1869/14 56. SMT. RESHMA.B W/O ABDUL SALAM, AGED ABOUT 53 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1870/14. 57. SMT. SOOSA W/O PALOS, AGED ABOUT 60 YEARS, R/AT KUSUBHOORU, NARSIMHARAJAPURA TALUK, - 14 - NC: 2025:KHC:7599 WP No. 2915 of 2025 CHIKMAGALUR DIST-577134, SHARE NO. 1914/15. 58. SMT. VEDAVATHI W/O LAKHMANGOWDA, AGED ABOUT 60 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1935/15. 59. SMT. VAGDEVI W/O ANANDA, AGED ABOUT 50 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1937/15. 60. SMT. SHOBHA W/O SUNILKUMAR, AGED ABOUT 45 YEARS, R/AT KORALAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2002/15. 61. SMT.JAKAR W/O NISAR AHMED, AGED ABOUT 39 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2011/15. - 15 - NC: 2025:KHC:7599 WP No. 2915 of 2025 62. SRI. MOHAMMED ARID S/O SATTAR, AGED ABOUT 49 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2013/15. 63. SMT. NOORUNNISA W/O SYED FAROOQ, AGED ABOUT 55 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2019/15. 64. SRI. SANDESH KUMAR S/O LAKSHMAN NAIK, AGED ABOUT 50 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2028/15 65. SRI. A. S. MANJUNAIK S/O SIDDAPPA GOWDA, AGED ABOUT 58 YEARS, R/AT CHOWDIKATTE, BHYRAPURA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, HARE NO. 2030/15. 66. SRI. SYED JUNAID S/O SYED JAVID, AGED ABOUT 55 YEARS, R/AT MUTTINAKOPPA, - 16 - NC: 2025:KHC:7599 WP No. 2915 of 2025 NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2058/15. 67. SRI. SYED RIJWAN S/O SYED ANWAR, AGED ABOUT 49 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2060/15. 68. SRI. ASSAR S/O DASTASHIR SHAIK, AGED ABOUT 53 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2063/15. 69. SRI. P.T. THOMAS S/O TARIYAD, AGED ABOUT 63 YEARS, R/AT KUSUBHOORU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2081/15. 70. SRI. DHANANJAYA S/O ESHWARA, AGED ABOUT 32 YEARS, R/AT KUSUBHOORU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2108/16. - 17 - NC: 2025:KHC:7599 WP No. 2915 of 2025 71. . SRI DHANANJAYA.B.M S/O B.T. MANJAPPA GOWDA, AGED ABOUT 45 YEARS, R/AT MUTTINAKOPPA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2126/16. 72. SRI. VEERABHADRA S/O HIRAYYA, AGED ABOUT 46 YEARS, R/AT K.KANABHOORU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO, 2166/16. 73. SRI. DODDA NARASAMMA S/O MAHALINGAPPA, AGED ABOUT 68 YEARS, R/AT K.KANABHOORU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2175/16. 74. SRI. ESHWARAPPA S/O MASTAPPA, AGED ABOUT 52 YEARS, R/AT KUSUBHOORU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2204/16. 75. SMT.JAYAMMA W/O LOKANATH, - 18 - NC: 2025:KHC:7599 WP No. 2915 of 2025 AGED ABOUT 55 YEARS, R/AT KUSUBHOORU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2208/16. 76. SRI. HONNAIAH S/O MANJAPPAGOWDA, AGED ABOUT 68 YEARS, R/AT K.KANABOORU, MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 456/2. 77. SRL. M.R. SUDARESH S/O RANGAPPAGOWDA, AGED ABOUT 65 YEARS, R/AT MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 479/2. 78. SRI. SYAD ESUB S/O SYAD AJIJ, AGED ABOUT 70 YEARS, R/AT MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 209/1. 79. SRI.K.RAMAIAHAGOWDA S/O KADAPPAGOWDA, AGED ABOUT 75 YEARS, R/AT K.KANABOORU, - 19 - NC: 2025:KHC:7599 WP No. 2915 of 2025 MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 215/1. 80. SRI. SHIVANANDA S/O SIDDAPPA, AGED ABOUT 58 YEARS, R/AT ALDARA, BHAIRAPURA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 567/3. 81. SRI. K.NARAYANA S/O DANAPPA, AGED ABOUT 60 YEARS, R/AT KUSUBURU, MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 723/5. 82. SRI. SHAHABUDDIN KHAN S/O KAJIMOIDIN KHAN, AGED ABOUT 85 YEARS, R/AT MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 936/6. 83. SRI. K.T. YASHODAMMA C/O A.M. SIDDAPPAGOWDA, AGED ABOUT 70 YEARS, R/AT CHOWDIKATTE, NARSIMHARAJAPURA TALUK, - 20 - NC: 2025:KHC:7599 WP No. 2915 of 2025 CHIKMAGALUR DIST-577134, SHARE NO. 956/6. 84. SRI. SAIYADMASIULLA S/O SYAD BASHIR, AGED ABOUT 60 YEARS, R/AT MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1129/8. 85. SMT. LILAMMA W/O THOMAS, AGED ABOUT 70 YEARS, R/AT MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1149/8. 86. SRI. SHABBIR AHAMED S/O MOHAMMED ISMAILL, AGED ABOUT 63 YEARS, R/AT MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 138/9. 87. SMT. D. SAROJAMMA W/O B.T. HARIYAPPAGOWDA, AGED ABOUT 70 YEARS, R/AT BURJU MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1290/10. - 21 - NC: 2025:KHC:7599 WP No. 2915 of 2025 88. SRI. SYED INAYATHULLA S/O SYED BASHIR, AGED ABOUT 52 YEARS, R/AT MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1321/10. 89. SRI. H.H. NARASIMAMURTHY S/O H. HANUMEGOWDA, AGED ABOUT 70 YEARS, R/AT SHANKARAPURA, MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1385/11. 90. SRI. K.P. AMSHUMANTH S/O K.C. PUTTEGOWDA, AGED ABOUT 50 YEARS, R/AT BURJU MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1408/11. 91. SRI. VITALASHETTY S/O SHESHASHETTY, AGED ABOUT 65 YEARS, R/AT JAGALAKUDIGE KANIVE, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 717/05. 92. SRI. M.M. NAGENDRA S/O MANJAPPAGOWDA, - 22 - NC: 2025:KHC:7599 WP No. 2915 of 2025 AGED ABOUT 50 YEARS, R/AT KONAKERE POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1124/8. 93. SMT. SUNANDA W/O CHANDRU, AGED ABOUT 58 YEARS, R/AT KONAKERE POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1701/13. 94. SRI. KESHANA K.B. S/O BHASKARGOWDA, AGED ABOUT 53 YEARS, R/AT KONAKERE, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1758/14. 95. SMT. PADMAVATHI W/O RAMANNA, AGED ABOUT 70 YEARS, R/AT HODEYALA, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1786/14. 96. SRI. H.T.RAJENDRA S/O H.K.THIMMEGOWDA, AGED ABOUT 68 YEARS, R/AT MADABURU POST, NARSIMHARAJAPURA TALUK, - 23 - NC: 2025:KHC:7599 WP No. 2915 of 2025 CHIKMAGALUR DIST-577134, SHARE NO. 575/3. 97. SRI.H.T.RATHNAKARA S/O H.K.THIMMEGOWDA, AGED ABOUT 60 YEARS, R/AT MADABURU POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 576/3. 98. SRI. VANIPRAKASH W/O H.B.PRAKASH, AGED ABOUT 48 YEARS, R/AT MADABURU POST NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 578/4 99. SRL.SRINIVAS H.B S/O DODDAKISMAGOWDA, AGED ABOUT 60 YEARS, R/AT MADABURU POST, NARSIMHARAJAPURA TALUK, CHILKMAGALUR DIST-577134, SHARE NO. 279/4. 100. SRI. K.M.SAMPATHKUMAR S/O K.P.MANJAPPAGOWDA, AGED ABOUT 58 YEARS, R/AT KESAKI MADABURU POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 286/4. - 24 - NC: 2025:KHC:7599 WP No. 2915 of 2025 101. SRI.M.V.VASUDEVA S/O ERAPPAGOWDA, AGED ABOUT 53 YEARS, R/AT MADABURU POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 835/2. 102. SRI. DARANISHA B.R. S/O RAMEGOWDA, AGED ABOUT 52 YEARS, R/AT MADABURU POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1281/10. 103. SMT. T.S.ANITHA W/O H.H.UMESHA, AGED ABOUT 45 YEARS, R/AT MADABURU POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1464/12. 104. SMT. LALITHAMMA W/O N.S.RAMESH, AGED ABOUT 45 YEARS, R/AT NERALE MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1723/13. 105. SRI. SANNI P.A S/O ANTHONI P.C, AGED ABOUT 35 YEARS, - 25 - NC: 2025:KHC:7599 WP No. 2915 of 2025 R/AT MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1744/13. 106. SMT. B.M. VASANTHKUMARI W/O B.T MANJAPPAGOWDA, AGED ABOUT 57 YEARS, R/AT MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1747/13. 107. SMT. LALITHAMMA W/O KUMAR, AGED ABOUT 47 YEARS, R/AT K.KANABURU, MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 7779/14. 108. SMT. VEENA W/O M.R.YOGESH, AGED ABOUT 50 YEARS, R/AT MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1907/14. 109. SMT. MALINI W/O VASANTHKUMAR, AGED ABOUT 45 YEARS, R/AT BHAIRAPURA, UMBLEBYLU, NARSIMHARAJAPURA TALUK, - 26 - NC: 2025:KHC:7599 WP No. 2915 of 2025 CHIKMAGALUR DIST-577134, SHARE NO. 2014/15. 110. SRI. EKALAVYA B.V VIJAYAKUMAR S/O VIJAYAKUMAR, AGED ABOUT 35 YEARS, R/AT BURJUMUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2140/16. 111. SRI. JONI M.D S/O DEVANI, AGED ABOUT 35 YEARS, R/AT KUSUBURU, MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2145/16. 112. SRI. RANNI S/O M.M.JOSEPH, AGED ABOUT 40 YEARS, R/AT MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2148/16. 113. GANESH K.M S/O MANJUNATH, AGED ABOUT 45 YEARS, R/AT KUSUBURU, MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 2206/16. - 27 - NC: 2025:KHC:7599 WP No. 2915 of 2025 114. SMT. JAYALAKSHMI W/O RAMESH, AGED ABOUT 62 YEARS, R/AT MADABURU, MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1648/13. 115. SRL. DEVARAJ S/O SHESHAPPAGOWDA, AGED ABOUT 65 YEARS, R/AT MADABURU, MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1676/13. 116. SMT. YASHODA W/O PRAKASH, AGED ABOUT 60 YEARS, R/AT MADABURU POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1944/15. 117. SRI.JABIULLA S/O ANIFF, AGED ABOUT 55 YEARS, R/AT BHAIRAPURA, UMBLEBYLU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1430/11. 118. SMT. KAIRUNNISA W/O ANIFF, - 28 - NC: 2025:KHC:7599 WP No. 2915 of 2025 AGED ABOUT 57 YEARS, R/AT BHAIRAPURA, UMBLEBYLU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1431/11. 119. SRI. HARISH S/O J.R.NARAYANAGOWDA, AGED ABOUT 55 YEARS, R/AT CHOWDIKATTE, UMBLEBYLU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1442/11. 120. SMT. HARINAKSHI W/O CHANNABASAPPA, AGED ABOUT 57 YEARS, R/AT BHAIRAPURA, UMBLEBYLU, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1444/11. 121. SRI. P.P.JOSEPH S/O P.V. POULAS, AGED ABOUT 58 YEARS, R/AT MADABURU POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1460/12, 122. SMT. C.S.GHEETHA W/O C.D. NARAYANAPPA, AGED ABOUT 75 YEARS, R/AT CHABBENADU, MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, - 29 - NC: 2025:KHC:7599 WP No. 2915 of 2025 CHIKMAGALUR DIST-577134, SHARE NO. 1602/13. 123. SMT. INDIRA W/O BELLAPPA, AGED ABOUT 50 YEARS, R/AT CHABBENADU, MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1604/13. 124. SMT. SAROJA W/O VASUDEVA, AGED ABOUT 40 YEARS, R/AT MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1611/13. 125. SMT. LALITHAMMA W/O VASANTHKUMAR, AGED ABOUT 57 YEARS, R/AT MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1658/13. 126. SRI.SYED RAZAK S/O SYED IBRAIM, AGED ABOUT 68 YEARS, R/AT JANATHA COLONY MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1677/13. - 30 - NC: 2025:KHC:7599 WP No. 2915 of 2025 127. SRI.K.T.SATHISH S/O THIMMEGOWDA, AGED ABOUT 56 YEARS, R/AT K.KANABURU, MUTTHINAKOPPA POST, NARSIMHARAJAPURA TALUK, CHIKMAGALUR DIST-577134, SHARE NO. 1688/13 …PETITIONERS (BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 3. THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MUTHINAKOPPA, NARASIMHARAJAPURA TALUK, CHIKMAGALUR DISTRICT-577134, REPRESENTED BY ITS CEO, A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. 4. THE RETURNING OFFICER, THE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MUTHINAKOPPA, - 31 - NC: 2025:KHC:7599 WP No. 2915 of 2025 NARASIMHARAJAPURA TALUK, CHIKMAGALUR DISTRICT-577134. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 & R4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; R3 SERVED & UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-C AND PERMIT THE PETITIONERS TO CAST THEIR VOTE IN THE UPCOMING ELECTIONS TO R3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 02/02/2025 IN SO FAR AS THE PETITIONERS CONCERNED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayer:- "Issue a writ of mandamus directing the respondents to include the name of the Petitioners in the Final eligible voters list at Annexure-C and permit the petitioners to cast their vote in the upcoming elections to Respondent No.3 Society which is scheduled to be held on 02.02.2025in so far as the Petitioners are concerned." - 32 - NC: 2025:KHC:7599 WP No. 2915 of 2025 2. This Court by way of an interim arrangement on 01.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 02.02.2025 subject to final outcome of this petition. 3. Heard Sri Varun Jayakumar Patil, learned counsel for the petitioners, Sri Yogesh D.Naik, learned AGA for respondent Nos.1 and 4 and Sri T.L. Kiran Kumar, learned counsel for respondent No.2. 4. Respondent No.3 though served has chosen to remain absent. 5. Counsel for the petitioners submits that the election has been held as scheduled on 29.12.2024 and the petitioners have cast their votes. 6. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents - 33 - NC: 2025:KHC:7599 WP No. 2915 of 2025 have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes. 7. No material is forthcoming to indicate the compliance of aforementioned rules. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following: 1 2022 (4) AKR 775 - 34 - NC: 2025:KHC:7599 WP No. 2915 of 2025 ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 02.02.2025. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society. iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. - 35 - NC: 2025:KHC:7599 WP No. 2915 of 2025 v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders. vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- JUSTICE K.S. HEMALEKHA BNV List No.: 2 Sl No.: 31 CT:SNN