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2025 DAILYLAW 49907 (KAR)

SRI. IRAYYA GURUSHANTAYYA HIREMATH v. THE STATE OF KARNATAKA

WP/100615/2022 · 2025-11-24

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:16263 WP No. 101194 of 2022 C/W WP No. 100615 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101194 OF 2022 (CS-RES) C/W WRIT PETITION NO. 100615 OF 2022 IN WP NO.101194/2022 BETWEEN: SRI. IRAYYA GURUSHANTAYYA HIREMATH, AGE: 55 YEARS, OCC: SERVICE, CHIEF EXECUTIVE OFFICER KAMADHENU SEVA SAHAKARI SANGH NIYAMIT TERGAON, AT: TERGAON, TALUK. HALIYAL, DIST: KARWAR-581356. &PETITIONER (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU PIN-560001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY KARWAR, DIST. UTTAR KANNADA PIN-581356. 3. THE ASSISTANT REGISTRAR OF OF CO-OPERATIVE SOCIETY KARWAR, AT KARWAR, TALUK, KARWAR DIST. KARWAR (UTTAR KANNADA), PIN-581356. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16263 WP No. 101194 of 2022 C/W WP No. 100615 of 2022 4. THE CHAIRMAN KAMADHENU SEVA SAHAKARI SANGH NIYAMIT, TERGAON, AT TERGAON, TALUK. HALIYAL, DIST. KARWAR, (UTTAR KANNADA) PIN-581356. 5. MANJUNATH S/O. MALLARI GADI AGE. 46 YEARS, OCC. AGRICULTURE THE CHAIRMAN KAMADHENU SEVA SAHAKARI SANGH NIYAMIT, TERGAON,AT: TERGAON TALUK. HALIYAL, DIST. KARWAR, (UTTAR KANNADA) PIN- 581356. 6. THE CO-OPERATIVE DEVELOPMENT OFFICER, JOIDA AND HALIYAL C/O. TAPCMS, HALIYAL, AT. HALIYAL, DIST. KARWAR. PIN-581356. &RESPONDENTS (BY SRI.RAMESH CHIGARI, AGA FOR R1 TO R3 AND R6; SMT. KAVITA S. JADHAV, ADVCOATE FOR R4; R5-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: 1. TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 3/3/2022 IN NO.13/2021-22 PASSED BY THE 4TH RESPONDENT VIDE ANNEXURE-M. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 TO 6 TO HANDOVER THE CHARGE TO THE PETITIONER FORTHWITH AND TO PERMIT THE PETITIONER TO DISCHARGE HIS DUTY AS SECRETARY OF THE KAMADHENU SEVA SAKARI SANGH NIYAMIT., TERGAV, TALUK, HALIYAL, DIST.UTTARKANNADA. - 3 - HC-KAR NC: 2025:KHC-D:16263 WP No. 101194 of 2022 C/W WP No. 100615 of 2022 3. TO DIRECT THE RESPONDENTS NO.3, 4 AND 5 TO RELEASE SALARY FROM NOVEMBER, DECEMBER 2021 AND JANUARY 2022 ONWARDS FORTH WITH AND CONTINUE TO PAY THE REGULAR SALARY TO THE PETITIONER FORTHWITH IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO.100615/2022 BETWEEN: SRI. IRAYYA GURUSHANTAYYA HIREMATH, AGE: 55 YEARS, OCC: SERVICE, CHIEF EXECUTIVE OFFICER KAMADHENU SEVA SAHAKARI SANGH NIYAMIT TERGAON, AT TERGAON, TALUK. HALIYAL, DIST KARWAR PIN -581356 &PETITIONER (BY SRI. SHIVARAJ P MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M.S. BUILDING, BENGALURU PIN-560001. 2. THE ASSISTANT REGISTRAR OF OF CO-OPERATIVE SOCIETY KARWAR, TALUK: HALIYAL DIST. KARWAR PIN: 3. THE CHAIRMAN KAMADHENU SEVA SAHAKARI SANGH NIYAMIT, TERGAON, TERGAON AT: TERGAON, TALUK: HALIYAL, DIST. KARWAR PIN- 581356. - 4 - HC-KAR NC: 2025:KHC-D:16263 WP No. 101194 of 2022 C/W WP No. 100615 of 2022 4. THE CIRCLE INSTPECTOR OF POLICE, HALIYAL, TALUK: HALIYAL, DIST: KARWAR, PIN: 5. THE POLICE SUB-INSPECTOR, HALIYAL, TQ: HALIYAL DIST KARWAR. &RESPONDENTS (BY SRI.RAMESH CHIGARI, AGA R1, R2, R4 AND R5; SMT. KAVITA S. JADHAV, ADVOCATE FOR R3 FOR SRI. ARUN L. NEELOPANT, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: 1. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.4 I.E., CIRCLE INSPECTOR OF POLICE NOT TO INTERFERE WITH DISPUTE BETWEEN THE PETITIONER AND THE 3RD RESPONDENT FURTHER DIRECT THE 4TH RESPONDENT NOT TO INTERFERE WITH THE PETITIONER FOR JOINING DUTY TO THE POST OF SECRETARY/CHIEF EXECUTIVE OF THE KAMADHENU SEVA SAHAKARI SANGH NIYAMIT TERGAON TALUK HALIYAL DIST KARWAR. 2. TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED LETTER DATED 05.02.2022 IN NO.10/2020-21 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-F AND INTIMATION LETTER DATED 04.02.2022 IN NO.19/A/ADM/CR-09/2021-22 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-G. THESE WRIT PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:16263 WP No. 101194 of 2022 C/W WP No. 100615 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The learned counsel appearing for the petitioners submits the petitions are rendered infructuous. In the light of the said submission, the petitions are disposed as having become infructuous. All contentions of both the parties shall remain open in the light of the fact that the petitioner is no more and the right of the legal representatives, if any, shall subsist qua the monetary claims. Sd/- (M.NAGAPRASANNA) JUDGE Rsh / CT:ANB List No.: 1 Sl No.: 233