SHRI BASAVARAJ S/O SHIVALINGAPPA MANTUR v. THE STATE OF KARNATAKA
WP/106363/2025 · 2025-09-16
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50535 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50535 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:12290 WP No. 106363 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106363 OF 2025 (GM-CON) BETWEEN:
SHRI BASAVARAJ S/O. SHIVALINGAPPA MANTUR, AGE: 62 YEARS, OCC. RETD GOVT EMPLOYEE (RTD LIQUIDATOR, OM GANESH SOCIETY), R/O. SAPTAPUR, 12TH CROSS, DHARWAD, TQ. AND DIST. DHARWAD-580001. &PETITIONER (BY SRI. ROHIT NAGESH LATUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPTD. THROUGH ITS SECRETARY DEPARTMENT OF CO OPERATIVE SOCIETY, VIDHANA SOUDHA, BANGALORE-530068. 2. THE REGISTRAR OF CO OPERATIVE SOCIETIES DEPARTMENT OF CO OPERATIVE SOCIETY, VIDHANA SOUDHA, BANGALORE-530068. 3. THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, BELAGAVI, SAHAKARI ADALITA BHAVAN, JAKKERI HONDA, NEAR RAILWAY OVERBRIDGE, BELAGAVI-590001. 4. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES, CHIKKODI, DIST. BELAGAVI-591201. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:12290 WP No. 106363 of 2025
5. KUMAR SANDEEP S/O. SANAND NADANIKAR, AGE: MAJOR, OCC. STUDENT, R/O. BHAT GALLI, NIPPANI, TQ. CHIKKODI, DIST. BELAGAVI. 6. KUMARI SUPRIYA D/O. SANANAD NADANIKAR, AGE: MAJOR, OCC. STUDENT, R/O. BHAT GALLI, NIPPANI, TQ. CHIKKODI, DIST. BELAGAVI. 7. SMT. SUHANA W/O. IQBAL NADAF, AGE: MAJOR, OCC. HOUSEHOLD, R/O. AZAD GALLI, SHIVAJI NAGAR, NIPPANI, TQ. CHIKKODI, DIST. BELAGAVI. 8. SMT. VANITA W/O. SHRIKANT GANGALE, AGE: 57 YEARS, OCC. HOUSEHOLD, R/O. HOSPET GALLI, CHIKKODI, TQ. CHIKKODI, DIST. BELAGAVI. 9. SHRI SHRIKANT S/O. GOVINDRAO GANGALE, AGE: 67 YEARS, OCC. NIL, R/O. HOSPET GALLI, CHIKKODI, TQ. CHIKKODI, DIST. BELAGAVI. 10. SHRI RAKESH S/O. SHRIKANT GANGALE, AGE: 26 YEARS, OCC. NIL, R/O. HOSPET GALLI, CHIKKODI. TQ. CHIKKODI, DIST. BELAGAVI. &RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4;
NOTICE TO R5 TO R10 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION THEREBY QUASHING THE ORDERS OF CONVICTION AND SENTENCES PASSED BY THE LEARNED ADD DISTRICT CONSUMER COMMISSION, BELAGAVI IN CRL COMPLAINT 315/2014 DTD 11/07/2025 CRL COMPLAINT 304/2014 DTD. 11/7/2025 CRL COMPLAINT NO. 202/2015 DTD. 07/08/2025 RESPECTIVELY PRODUCED AT ANNEXURE D, ANNEXURE E AND ANNEXURE G AND QUASH THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE LEARNED PRL DISTRICT CONSUMER COMMISSION, BELAGAVI IN CRL COMPLAINT 20/2018 DTD.
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HC-KAR NC: 2025:KHC-D:12290 WP No. 106363 of 2025
24/07/2025 PRODUCED AT VIDE ANNEXURE F, PASSED AGAINST THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. II. A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE RESPONDENT NO.4/ ARCS TO TAKE CHARGE AS A LIQUIDATOR OF OM GANESH CREDIT SOUHARD SAHAKARI NIYAMIT, NIPPANI, BY VIRTUE OF ORDER DATED 08-02-2023, VIDE ORDER PRODUCED AT ANNEXURE A, IN THE INTEREST OF JUSTICE AND EQUITY. III. FURTHER WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE LEARNED PRL DISTRICT CONSUMER COMMISSION, BELAGAVI AND LEARNED ADDL DISTRICT CONSUMER COMMISSION BELAGAVI NOT TO TAKE COGNIZANCE, ADJUDICATE AND PASS ORDERS BY PROCEEDING AGAINST THE PETITIONER IN ANY CASE IN RELATION TO SERVICES RENDERED BY HIM AS A LIQUIDATOR OF OM GANESH CREDIT SOUHARD SAHAKARI NIAYAMIT, NIPPANI, BY VIRTUE SUBSEQUENT LIQUIDATOR BEING APPOINTED TO THE SAID SOCIETY AND BY VIRTUE OF HIS RETIREMENT FROM SERVICES ON DATED 30-04-2025 VIDE ORDER PRODUCED AT ANNEXURE A AND ANNEXURE B, IN THE INTEREST OF JUSTICE AND EQUITY. IV) ANY OTHER WRIT OR DIRECTION OR ORDER THE PETITIONER IS FOUND ENTITLED TO IN THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accepts notice for respondent Nos.1 to 4. Notice to respondent Nos.5 to 10 is dispensed with in view of the proposed order to be passed. - 4 -
HC-KAR NC: 2025:KHC-D:12290 WP No. 106363 of 2025
2. The petitioner is before this Court seeking for the following reliefs: i. A Writ in the nature of certiorari or any other writ,
order or direction thereby quashing the orders of conviction and sentences passed by the learned add district consumer commission, Belagavi in Crl Complaint 315/2014 dtd 11/07/2025 Crl Complaint 304/2014 dtd. 11/7/2025 Crl Complaint No. 202/2015 dtd. 07/08/2025 respectively produced at Annexure D, Annexure E and Annexure G and quash the order of conviction and sentence passed by the learned Prl District Consumer Commission, Belagavi in Crl complaint 20/2018 dtd. 24/07/2025 produced at vide Annexure F, passed against the petitioner, in the interest of justice and equity.
ii. A writ in the nature of mandamus or any other writ directing the respondent no.4/ arcs to take charge as a liquidator of Om Ganesh Credit Souhard Sahakari Niyamit, Nippani, by virtue of
order dated 08-02-2023, vide order produced at annexure a, in the interest of justice and equity.
iii. Further writ in the nature of mandamus or any other writ directing the learned Prl District Consumer Commission, Belagavi and learned Addl District Consumer Commission Belagavi not to take cognizance, adjudicate and pass orders by proceeding against the petitioner in any case in relation to services rendered by him as a liquidator Of Om Ganesh Credit Souhard Sahakari Niayamit, Nippani, by virtue subsequent liquidator being appointed to the said society and by virtue of his retirement from services on dated 30-04- 2025 vide order produced at Annexure A and Annexure B, in the interest of justice and equity.
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HC-KAR NC: 2025:KHC-D:12290 WP No. 106363 of 2025
iv. Any other writ or direction or order the petitioner is found entitled to in the ends of justice.
3. What is challenged is the order passed by the Principal District Consumer Commission, Belagavi, the petitioner has an alternative and efficacious remedy to challenge the same before the State Commission.
4. Reserving liberty to the petitioner to avail such remedy, petition stands disposed of.
Sd/- (SURAJ GOVINDARAJ) JUDGE
gab Ct:pa List No.: 3 Sl No.: 1