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2025 DAILYLAW 47225 (KAR)

HUBLI TALUKA RAITA SANGHA v. THE STATE OF KARNATAKA

WP/103217/2025 · 2025-05-20

Ravi V Hosmani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:7208 WP No.103217 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI WRIT PETITION NO.103217 OF 2025 (CS-RES) BETWEEN: HUBLI TALUKA RAITA SANGHA YALLAPUR ONI, BANKAPUR CHOWK, HUBBALLI, BY ITS PRESIDENT SHIDDAPPA S/O KARABASAPPA MEESI AGE. 65 YEARS, OCC. AGRI., YALLAPUR ONI, HUBLI 580020. …PETITIONER (BY SMT. VIDYAVATI M KOTTUR SHETTAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPT. OF CO-OPERATION SECRETARIAT VIKAS SOUDHA, BENGALURU 586001, REPRESENTED BY SECRETARY 2. THE REGISTRAR OF CO-OPERATIVE SOCIETY, ALI-ASKAR ROAD, BENGALURU-586001. 3. THE JOINT REGISTER OF CO-OPERATIVE SOCIETY, BELAGAVI DIVISION, SAHAKAR ADALITA BHAVAN, 2ND FLOOR, OPP TO K H B HERITAGE, BELAGAVI - 590001. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY AND REGISTRAR OF SOCIETIES & INSTITUTIONS GROUND FLOOR, SURVEY NO.72, NEAR NTTF, P.B.ROAD, DHARWAD – 580001. 5. POLICE INSPECTOR KASABA PET POLICE STATION. HUBBALLI. AT: HUBBALLI-580024. DIST: DHARWAD. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.05.20 18:15:12 +0530 - 2 - NC: 2025:KHC-D:7208 WP No.103217 of 2025 6. SIDDANAGOUDA S/O DYAMANAGOUDA PATIL AGE: 43 YEARS OCC: AGRICULTURE, R/O: YALLAPUR ONI, NEAR BANKAPUR CHOWK, HUBBALLI-580028, DIST.: DHARWAD. 7. SHOBHA W/O DYAMANAGOUDA PATIL AGE: 67 YEARS OCC: AGRICULTURE, R/O: YALLAPUR ONI, NEAR BANKAPUR CHOWK, HUBBALLI-580028, DIST: DHARWAD. 8. BHIMANAGOUDA S/O BASANAGOUDA PATIL AGE: 53 YEARS OCC: AGRICULTURE, R/O: YALLAPUR ONI, NEAR BANKAPUR CHOWK, HUBBALLI-580028, DIST: DHARWAD. 9. SHIVANAGOUDA S/O DYAMANAGOUDA PATIL AGE: 43 YEARS OCC: AGRICULTURE, R/O: YALLAPUR ONI, NEAR BANKAPUR CHOWK, HUBBALLI-580028, DIST: DHARWAD. 10. TAMMANAGOUDA S/O DYAMANAGOUDA PATIL AGE: 49 YEARS OCC: AGRICULTURE, R/O: YALLAPUR ONI, NEAR BANKAPUR CHOWK, HUBBALLI-580028, DIST: DHARWAD. 11. BASANAGOUDA S/O NINGANAGOUDA PATIL AGE: 54 YEARS OCC: AGRICULTURE, R/O: YALLAPUR ONI, NEAR BANKAPUR CHOWK, HUBBALLI-580028, DIST: DHARWAD. 12. NINGANAGOUDA S/O HANAMANTGOUDA PATIL AGE: 66 YEARS OCC: AGRICULTURE, R/O: YALLAPUR ONI, NEAR BANKAPUR CHOWK, HUBBALLI-580028, DIST: DHARWAD. 13. HANAMANTGOUDA S/O KANTEPPAGOUDA PATIL AGE: 49 YEARS OCC: AGRICULTURE, R/O: YALLAPUR ONI, NEAR BANKAPUR CHOWK, HUBBALLI-580028, DIST: DHARWAD. 14. AMRUTAGOUDA S/O KENCHAPPAGOUDA PATIL AGE: 58 YEARS OCC: AGRICULTURE, R/O: YALLAPUR ONI, NEAR BANKAPUR CHOWK, HUBBALLI-580028, DIST: DHARWAD. - 3 - NC: 2025:KHC-D:7208 WP No.103217 of 2025 15. PARAMESHGOUDA S/O TOPANAGOUDA PATIL AGE: 53 YEARS OCC: AGRICULTURE, R/O: YALLAPUR ONI, NEAR BANKAPUR CHOWK, HUBBALLI-580028, DIST: DHARWAD. 16. YALLAPPAGOUDA S/O SHIVANAGOUDA PATIL AGE: 54 YEARS OCC: AGRICULTURE, R/O: YALLAPUR ONI, NEAR BANKAPUR CHOWK, HUBBALLI-580028, DIST: DHARWAD. 17. RAMANAGOUDA S/O SHERAKAGOUDA PATIL AGE: 32 YEARS OCC: AGRICULTURE, R/O: YALLAPUR ONI, NEAR BANKAPUR CHOWK, HUBBALLI-580028, DIST: DHARWAD. 18. BASANAGOUDA S/O NINGANAGOUDA PATIL AGE: 47 YEARS OCC: AGRICULTURE, R/O: YALLAPUR ONI, NEAR BANKAPUR CHOWK, HUBBALLI-580028, DIST: DHARWAD. …RESPONDENTS (BY SRI V.S. KALASURMATH, AGA FOR R1 TO R5; SRI ARUN L. NEELOPANT, ADVOCATE FOR PROPOSED R6-R18) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY RESPONDENT NO.4 BEARING NO.Kar.drz/sa.Sum/CR-/2025- 26/64 DATED 03.05.2025. ANNEXURE-A, AND THE POLICE NOTICE ISSUED BY RESPONDENT NO.5 BEARING NO.kramank:585:2025 DATED 05.05.2025 AS PER ANNEXURE-B. IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI - 4 - NC: 2025:KHC-D:7208 WP No.103217 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) Sri Arun L. Neelopant, learned counsel for impleading applicants submitted that they had filed an application before respondent no.4 for postponement of proposed Annual General Meeting (‘AGM’) under Annexure–E, as they were under apprehension about illegal cancellation of their membership and conduct of AGM in their absence. 2. However, Smt.Vidyavathi M. Kotturshettar, learned counsel for petitioner would submit on instructions that there was no order of cancellation of membership of impleading applicants as yet and they would be at liberty to participate in AGM. She further submits, if permitted AGM would be held on 27.05.2025 at 4.00 p.m. 3. In response, learned counsel for impleading applicants would submit that they would not have any other grievance and in fact submitted if date of AGM is fixed, they would participate. - 5 - NC: 2025:KHC-D:7208 WP No.103217 of 2025 4. Learned AGA for respondents no.1 to 5 submits that impugned direction was issued in view of grievance espoused by impleading applicants. If same is satiated, impugned direction could be treated as spent. 5. In view of above submission and since date for holding AGM as per Annexure-E has lapsed, it would be appropriate to direct petitioner to re-fix AGM on 27.05.2025 instead of 03.05.2025 at same time and venue as mentioned in Annexure-E, by intimating all members including proposed respondents herein. 6. Since impleading applicants are represented, same is taken as sufficient intimation to them. Petitioner to inform other members by Muddam or Electronic means and also paper publication. 7. In terms of above, Writ petition is disposed of, without need for consideration of impleading application would not necessary. Sd/- (RAVI V.HOSMANI) JUDGE VMB CT:VP, list no.: 1 sl no.: 13