- 1 - NC: 2025:KHC-D:5428 WP No. 101982 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101982 OF 2025 (GM-CON) BETWEEN: 1. BASAGOUDA MALAGOUDA PATIL, AGE: 47 YEARS, OCC: VICE CHAIRMAN, 2. BHARATI W/O BASAGOUDA PATIL, AGE: 44 YEARS, OCC: DIRECTOR, BOTH ARE R/O: ARJUNWAD, TQ: HUKKERI, DIST: BELAGAVI-591 309. … PETITIONERS (BY SRI. SRINIVAS.B.NAIK, ADVOCATE) AND: KASHINATH ANIL MOKASHI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: NARASINGAPUR VILLAGE, TQ: HUKKERI, DIST:. BELAGAVI-591 309. … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5428 WP No. 101982 of 2025 ORAL ORDER Sri.Srinivas B.Naik., counsel for the petitioners has appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: i) Issue a Writ of Certiorari and quash the proceedings in Criminal Complaint No. 418/2024 on the file of the District Consumer Dispute Redressal Commission, Belagavi, vide Annexure-C, in the ends of justice and equity. ii) Issue a Writ of Certiorari and quash the impugned order dated 29.08.2024 passed in complaint No.904/2019 on the file of the District Consumer Dispute Redressal Commission, Belagavi, vide Annexure-B, in the interest of justice and equity. 3. Counsel for the petitioners urged several contentions. Heard the arguments and perused the writ papers with care. - 3 - NC: 2025:KHC-D:5428 WP No. 101982 of 2025 4. The first petitioner contends that he is the Vice- Chairman and he second petitioner contends that he is the Director of Pride Vividoddeshagala Souharda Sahakari Niyamit, Hukkeri and it is a society registered under the provisions of the Karnataka Souharda Sahakari Act, 1997. Their grievance is about the initiation of a criminal complaint against them in Criminal Petition No.418/2024. 5. Counsel for the petitioners in presenting his arguments strenuously urged that the society is registered under the provisions of the Karnataka Souharda Sahakari Act, 1997 and as per Sections 7 and 61 of the Act, the complaint regarding the offences would be instituted against the society. He argued by saying that the compliant against the petitioners under Section 72 of the Act is not maintainable. Counsel therefore, submits that an appropriate order may be passed. 6. It is not in dispute that the said society is registered under the Karnataka Souharda Sahakari Act, 1997. The respondent filed a criminal compliant and the petitioners are arrayed as respondents 2 and 5. A perusal of the complaint reflects that the society has not been made as a primary party - 4 - NC: 2025:KHC-D:5428 WP No. 101982 of 2025 to the proceedings. Because the society is registered under the Karnataka Souharda Sahakari Act, 1997, the complainant ought to have made the society as a primary party to the proceedings. The Writ Petition is disposed of with a liberty to the petitioners to move an application seeking redressal of their grievance about non-arraying of the society as a primary party to the criminal complaint before the District Consumer Dispute Redressal Commission, Belagavi. If such an application is made, the District Consumer Dispute Redressal Commission, Belagavi shall consider the application and pass orders in accordance with law. Because of the disposal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE CLK LIST NO.: 1 SL NO.: 15