- 1 - HC-KAR NC: 2025:KHC-D:17056 WP No. 102881 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102881 OF 2025 (CS-RES) BETWEEN: THE GULEDGUDDA TALUKA AGRICULTURE PRODUCE MARKETING CO-OPERATIVE SOCIETY LTD., R/BY ITS PRESIDENT, HOLEBASAPPA S. SHETTAR, TQ. GULEDGUDDA, DIST. BAGALKOT-587301. &PETITIONER (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DISTRICT ADMINISTRATIVE BHAVAN, BAGALKOT-587101. 3. BAGALKOT DISTRICT CENTRAL, CO-OPERATIVE BANK LTD., REP. BY ITS CEO, BAGALKOT-587101. &RESPONDENTS (BY SMT. NANDINI SOMAPUR, AGA FOR R1 AND R2; SRI. VISHWAPRAKASH UPPIN AND I.S. UPPIN, ADV9S FOR R3) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17056 WP No. 102881 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A. A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED REJECTION LETTER PASSED BY RESPONDENT NO. 3 BEARING NO. CTO/LEKKA PATRA./17804/2025 DATED. 17.03.2025 MARKED AT ANNEXURE-G. B. A WRIT IN THE NATURE OF MANDAMUS THEREBY DIRECTING RESPONDENT NO.3 FROM GRANTING MEMBERSHIP TO PETITIONER SOCIETY AS PER ANNEXURE-E DATED. 25.02.2025. INTERIM PRAYER. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. A writ in the nature of Certiorari quashing the impugned rejection letter passed by respondent no. 3 bearing No. CTO/Lekka Patra/17804/2025 dated 17.03.2025 marked at Annexure-G. B. A writ in the nature of mandamus thereby directing Respondent No.3 from granting membership to Petitioner society as per Annexure-E dated. 25.02.2025. C. Grant any other such reliefs as deemed fit, in the interest of justice and equity. 2. Heard the learned counsel Sri.Shivaraj P. Mudhol, appearing for petitioner and learned AGA-Smt.Nandini Somapur, appearing for respondent Nos.1 and 2 and learned counsel Sri.Vishwaprakash Uppin and Sri.I.S.Uppin, appearing for respondent No.3. - 3 - HC-KAR NC: 2025:KHC-D:17056 WP No. 102881 of 2025 3. The petitioner's Co-operative society is registered and the petitioner, wanting to become a member of the Federal Society i.e. the DCC Bank, submits an application to the third respondent, the application is said to be rejected and therefore the petitioner is before this Court in the subject petition. 4. The learned counsel appearing for the third respondent would submit that the application is not rejected, it is only directed to be filed in a proper format which has to be placed before the Board of the third respondent in a decision is yet to be taken. 5. In that light, the learned counsel submits the petition itself is premature. The submission of the counsel to the respondent merits acceptance as perusal at Annexure-G would indicate that it is only a communication directing the petitioner to submit the papers in appropriate format for it to be placed before the Board. 6. A perusal at the impugned order would indicate that the rejection appears to be on the strength of a particular circular of the DCC Bank, which indicates that the petitioner cannot become a member unless its registration spans for 2 years. - 4 - HC-KAR NC: 2025:KHC-D:17056 WP No. 102881 of 2025 7. The learned counsel Sri.Shivaraj P. Mudhol submits that such an embargo is not found in the statute. Therefore, the circular runs counter to the statute. 8. Be that as it may, the learned counsel appearing for the respondent now submits that his application would merit consideration dehors the circular. The said submission is placed on record. The petition is thus disposed with a direction to the respondent to consider the application of the petitioner bearing in mind the observations made in the course of the order. 9. It is needless to observe that the petitioner shall submit the application in its entirety in accordance with law and the respondent would consider the same and pass necessary orders within 8 weeks thereafter. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/-CT:ANB List No.: 1 Sl No.: 35