- 1 - HC-KAR NC: 2025:KHC:50219 WP No. 873 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 873 OF 2024 (CS-RES) BETWEEN: 1. N. SREENIVASA MURTHY S/O NARAYANAPPA, AGED ABOUT 76 YEARS, 2. SMT. DHARINI DEVI W/O N. SREENIVASA MURTHY, AGED ABOUT 66 YEARS, BOTH ARE RESIDING AT NO.76, SAVITHRI FARM HOUSE, SUPRABHATA NAGAR, PEENYA II STAGE, BENGALURU-560091. …PETITIONERS (BY SRI. D.R. RAVI SHANKAR, SR. ADVOCATE FOR SRI. ANIL KUMAR R., ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO OP SOCIETIES, (NI 441) SOUHARDA CO OPERATIVES CLAIMS DISPUTES TRIBUNAL, KARNATAKA STATE SOUHARDA COMPOSITE CO OPERATIVE LTD., HAVING OFFICE AT: "SOUHARDA SOUDHA", 1ST FLOOR, BETWEEN 17TH AND 18TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560055 (THE SOCIETY REGISTERED UNDER THE REGISTRAR OF CO OPERATIVE SOCIETY ACT) 2. THE SUNSTAR SOUHARDA CREDIT CO OPERATIVE SOCIETY LTD., TILAK CIRCLE, ANEKAL TOWN, BENGALURU - 562 106, REP. BY ITS CHIEF EXECUTIVE OFFICER Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50219 WP No. 873 of 2024 (THE SOCIETY REGISTERED UNDER THE REGISTRAR OF CO OPERATIVE SOCIETY ACT) 3. SUSHRUTI SOUHARDA CO OPERATIVE BANK LTD, NO.68, SUSHRUTI NAGAR, ANDHRAHALLI MAIN ROAD, PEENYA II STAGE, BENGALURU-560091 REP BY ITS CHIEF EXECUTIVE OFFICER (THE SOCIETY REGISTERED UNDER THE REGISTRAR OF CO OPERATIVE SOCIETY ACT) 4. SRI P V SANDEEP KUMAR NO.8/A, 11TH CROSS, 8TH MAIN, HAL II STAGE, INDIRANAGARA, BENGALURU - 560 008 5. SRI M SEETHARAMAIAH NO.3641, 13TH E MAIN ROAD, HAL II STAGE, INDIRANAGAR, BENGALURU - 560 008 6. SRI. VEERAPPA REDDY NO.1010, 17TH MAIN ROAD, III STAGE, BTM LAYOUT, MADIWALA, BENGALURU-560029 7. SRI. V. VENKATESH NO.43, KADIRENAHALLI CIRCLE, CHIKKALLASANDRA, BENGALURU - 560 070 8. SRI M.C. VENKATESHA MURTHY NO.2, DURGA LAYOUT, VIDYARANYAPURA, BENGALURU - 560 070 9. SRI. GOPALAKRISHNA NO.41, VASANTHAPURA MAIN ROAD, PRASHANTHINAGAR, LAKKASANDRA, BENGALURU - 560 030 - 3 - HC-KAR NC: 2025:KHC:50219 WP No. 873 of 2024 10. SRI. VEERABHADRA SWAMY NO.39, HURALI NANJAPURA, CHAMARAJANAGAR TALUK, CHAMARAJANAGAR DISTRICT. 11. SMT. N VENKATALAKSHMI NO.7/3, 1ST MAIN ROAD, 2ND CROSS, SATTAR LAYOUT, LAKKASANDRA, BENGALURU - 560 030 12. SRI. RATHNAM K NO.364, 2ND MAIN ROAD, 7TH B CROSS, MUTHYALNAGAR, BENGALURU - 560 054 13. SRI. PRASHANTH R NO.1176, 1ST CROSS, 10TH MAIN ROAD, R.P.C. LAYOUT, BENGALURU-560040 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 SRI. VARUN J PATIL, ADVOCATE FOR R2 SRI. THRIBUVAN K., ADVOCATE FOR R4 TO 6 R9, 11-13 (ABSENT) V/O DT. 1/8/25, PETITION AGAINST R7, 8 SHALL STAND ABATED. V/O DT.1/8/25, NOTICE TO R3 SHALL STAND DISMISSED SRI. NANDISH PATIL, ADVOCATE FOR R10 (ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE FILE OF R1 AND GRANT THE FOLLOWING RELIEFS. AND 1) QUASH THE IMPUGNED DATED 07/08/2023 PASSED BY THE R1 IN DISPUTE NO. DRD/KA.RA.SOU.SAM.SA.NI/1109/2022-23, PRODUCED AT ANNEXURE-A AND ALL SUBSEQUENT PROCEEDINGS ARISING THERE FROM AND ETC., - 4 - HC-KAR NC: 2025:KHC:50219 WP No. 873 of 2024 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Learned Senior advocate for the petitioners submits that in view of the grounds urged in paragraph No.10 of the petition, he has filed the petition before this Court without subjecting to the jurisdiction to Section 46 of Karnataka Souharda Sahakari Act, 1997 (for short KSS Act'). 2. As per paragraph No.10 of the petition, it is the contention of the petitioners that the dispute that can be filed by the third party or a non-member is not permitted under Section 39(2) of the KSS Act. If the petitioners are aggrieved by the order impugned passed under Section 39 of the KSS Act, the statutory remedy is available under Section 46 of the KSS Act to prefer an appeal. Simply because the petitioners have made out a ground contending that a non-member has raised the dispute, the same cannot be a ground to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. - 5 - HC-KAR NC: 2025:KHC:50219 WP No. 873 of 2024 3. Learned Senior advocate would contend that reserving liberty to the petitioners to invoke under Section 46 KSS Act, the petition may be disposed off. 4. In view of the above, I proceed to pass the following. ORDER i) The petition is disposed off. ii) Liberty is reserved to the petitioners to invoke Section 46 of the Karnataka Souharda Sahakari Act, 1997 in accordance with law, if he is advised to do so. At this stage, learned Senior advocate for the petitioners submits that petitioners will approach the appropriate authority within two weeks from today and till then seeks for an interim order. There shall be stay of the impugned order for a period of two weeks from today. SD/- (M G UMA) JUDGE PNV CT:VS List No.: 1 Sl No.: 13