- 1 - NC: 2025:KHC-D:6761 WP No. 102670 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102670 OF 2025 (CS-RES) BETWEEN: PARUSHRAM S/O HEMANI GENUCHI, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: MANDOLI, TQ: BELAGAVI DIST: BELAGAVI, PIN-590 008. … 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-560 001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, BELGAUM, DIST: BELGAUM, PIN-590 001. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, BELGAUM, DIST: BELGAUM, PIN-590 001. 4. VIVIDHDODESH PRATHAMIK GRAMEEN KRISHI SAHAKARI SANGH LTD., MANDOLI, AT: MANDOLI, TQ: BELGAUM, DIST: BELGAUM, REPRESENTED BY ITS CHIEF EXECUTIVE, PIN-590 008. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1-R3; R4-DISPENSED WITH) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6761 WP No. 102670 of 2025 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: ORAL ORDER Sri.Shivaraj P.Mudhol., counsel for the petitioner and Smt.Mala B.Bhute., AGA for respondents 1 to 3 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated: 27.03.2025 passed by the second respondent in appeal No.DRL/ABN/371/2024-25 vide Annexure-F and a Writ of Mandamus directing the second respondent to allow the interim application i.e. I.A.No.I filed by the petitioner vide Annexure-E1 and to grant the stay of the order dated:30.01.2025 passed by the third respondent in AR- 09/RSR/29(C)/2024-25 vide Annexure-D. 3. The short facts are these: Pursuant to the complaint raised by Vividhdodesh Prathmik Grameen Krishi Sahakari Sangh Limited, Mandoli seeking disqualification of the petitioner from the post of Board - 3 - NC: 2025:KHC-D:6761 WP No. 102670 of 2025 of Directors, the third respondent issued a show cause notice under Section 29(C) of Karnataka Co-operative Societies Act, 1959. On 30.01.2025, the third respondent disqualified the petitioner. As against the disqualification, the petitioner preferred an appeal and he also filed a stay application. The grievance of the petitioner is that the application for interim stay has not been considered by the Appellate Authority. Under these circumstances, the petitioner is before this Court. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 5. It is not in dispute that the petitioner has preferred an appeal on 21.02.2025 as against the order of disqualification. On 27.03.2025, the Appellate Authority has issued notice fixing the date of hearing as 02.05.2025. The grievance of the petitioner is that the Appellate Authority has not considered the interim application. The law is well settled that, whenever an interim application is filed, the Authority concerned or the Trial Court must consider the interim application and pass an appropriate order. This has not been - 4 - NC: 2025:KHC-D:6761 WP No. 102670 of 2025 done in the present case. Hence, this Court deems it proper to direct the second respondent - Appellate Authority to consider the interim application filed by the petitioner on the next date of hearing i.e. on 02.05.2025 and then proceed further with the matter. Accordingly, the Writ Petition is disposed of. All the contentions are left open. This Court has not expressed any opinion on the merits of the case. Sd/- (JYOTI MULIMANI) JUDGE MRP/RH LIST NO.: 1 SL NO.: 15