- 1 - HC-KAR NC: 2025:KHC-D:13455 WP No. 107165 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107165 OF 2025 (CS-RES) BETWEEN: SIDDAPPA RAYAPPA HARAKE AGE. 40 YEARS, OCC. AGRICULTURE, CHIEF PROMOTER, PROPOSED SHRI NIYOJIT SHRI KANAKA RAYANNA VIVIDODDESHA PRATHMIK GRAMEEN KRUSHI SAHAKARI SANGH NIYAMIT JODAKURALI, TQ. CHIKODI, DIST. BELAGAVI, R/O. JODAKURALI, TQ. CHIKODI, DIST. BELAGAVI-591213. …PETITIONER (BY SRI. SHARAD MALGOUND PATIL, DVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY. ITS SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, CHIKKODI SUB-DIVISION, CHIKKODI AT CHIKKODI, DIST. BELAGAVI, PIN-591201. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 AND R2) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13455 WP No. 107165 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO; 1. TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 12/08/2025 IN NO.AR-11/RSR/16/2025-2026 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E; 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO GRANT PERMISSION TO FLOUTING OF THE SHARE AMOUNT FOR PRE-REGISTRATION OF THE SOCIETY IN THE NAME OF THE NIYOJIT SHRI KANAKA RAYANNA VIVIDODDESHA PRATHMIK GRAMEEN KRUSHI SAHAKARI SANGH NIYAMIT JODAKURALI, BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY; 3. ISSUE ANY OTHER ORDER, DIRECTIONS AS DEEMS IN THE CIRCUMSTANCE OF THE CASE. 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 Additional Government Advocate accepts notice for respondents No.1 and 2. 2. The petitioner is before this Court seeking for the following reliefs: 1. To issue writ in the nature of certiorari to quash the impugned order dated 12/08/2025 in No.AR- 11/RSR/16/2025-2026 passed by the 2nd respondent vide Annexure-E. 2. To issue writ in the nature of mandamus directing the respondent no.2 to grant permission to flouting of the share amount for pre-registration of the society in the name of the NIYOJIT SHRI - 3 - HC-KAR NC: 2025:KHC-D:13455 WP No. 107165 of 2025 KANAKA RAYANNA VIVIDODDESHA PRATHMIK GRAMEEN KRUSHI SAHAKARI SANGH NIYAMIT JODAKURALI, by allowing this writ petition in the interest of justice and equity. 3. Issue any other order, directions as deems in the circumstance of the case. 3. The petitioner is aggrieved by the rejection made of the application for registration submitted by the petitioner as the Chief Promoter of a new society. 4. A perusal of the order dated 12.08.2025 at Annexure-E, does not indicate any consideration as regards the viability of the petitioner's society, if so established, except to reject it on the ground that there is one other society. In that view of the matter, I pass the following: ORDER i. Writ petition is allowed. ii. A certiorari is issued, the order dated 12.08.2025 at Annexure-E is quashed. A mandamus is issued directing respondent No.2 to consider the application of the petitioner afresh by ascertaining - 4 - HC-KAR NC: 2025:KHC-D:13455 WP No. 107165 of 2025 the financial viability of the proposed society in the area of operation where it is proposed to operate within a period of four weeks from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 1 Sl No.: 74