SHRI SHIVAGOUDA S/O SHANKARGOUDA PATIL v. STATE OF KARNATAKA
WP/102719/2025 · 2025-07-31
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58955 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58955 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:9454 WP No. 102719 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 31ST DAY OF JULY 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.102719 OF 2025 (CS-RES)
BETWEEN:
SHRI. SHIVAGOUDA S/O. SHANKARGOUDA PATIL, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: 1161, PATIL GALLI, HUKKERI, BELAGAVI - PIN CODE 590 001. …PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE)
AND:
1. STATE OF KARNATAKA, DEPARTMENT OF CO OPERATION, M. S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU, BY ITS SECRETARY – 560 001. 2. THE DEPUTY REGISTRAR, KARNATAKA STATE SOUHAR CO OPERATIVE, NEAR RAILWAY HUTE, BELAGAVI – 590 010. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTIN OF INDIA PRAYING TO ISSUE KINDLY ISSUE A WRIT IN NATURE OF ANY OTHER WRIT OF MANDAMUS WIDE REPRESENTATION DATED ON 16-01-2025 ANNEXURE-B TO RESPONDENT NO. 4 AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:9454 WP No. 102719 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs: A. Kindly issue a Writ in nature of any other writ of Mandamus wide representation Dated on 16-01-2025 Annexure-B to Respondent No. 4. B. Issue any other writ or directions to meet the ends of justice. 2. The representation dated 16.01.2025, enclosed at Annexure-B, was submitted by the petitioner seeking certain documents pertaining to the election held in respect of the Basaveshwar Multipurpose Co-operative Society, a society registered under the category of
“Vividhodesha Sahakari Sangha” (Multipurpose Co- operative Society). 3. The petitioner appears to be aggrieved by the non- furnishing of election-related records and account statements of the said society. However, the petitioner has not demonstrated that he has availed the statutory remedy available under the Right to Information Act,
2005. - 3 -
HC-KAR NC: 2025:KHC-D:9454 WP No. 102719 of 2025
4. Insofar as access to such records is concerned, a writ of mandamus cannot be issued in the absence of exhaustion of the alternative remedy under the RTI Act. 5.
It is always open for the petitioner to file an appropriate application under the RTI Act seeking the documents and information referred to in the representation dated 16.01.2025. If such an application is filed, the concerned authority is bound to consider and dispose of the same in accordance with law. 6. In view of the above, the petition stands disposed of with the following directions: i. The petitioner is at liberty to file an appropriate application under the Right to Information Act, 2005 with respect to the information/documents sought in the representation dated 16.01.2025. ii. If such an application is filed, the concerned authority shall consider and dispose of the same in accordance with law, within the time prescribed under the Act. - 4 -
HC-KAR NC: 2025:KHC-D:9454 WP No. 102719 of 2025
iii. No opinion is expressed on the merits of the petitioner’s claim. iv. All contentions are left open. SD/- (SURAJ GOVINDARAJ) JUDGE
VB/CT-ASC List No.: 1 Sl No.: 39