- 1 - HC-KAR NC: 2025:KHC-D:9451 WP No. 102835 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.102835 OF 2025 (GM-RES) BETWEEN: SHRI. MOHAN S/O. ISHWARAPPA SANKESHWAR, AGE: 61 YEARS, OCC: PENSIONER, R/O: MAHATMAJI GALLI ,KANABARGI, TQ AND DIST: BELAGAVI, NOW CURRENCTLY RESIDING AT H. NO. 19/A, 2ND MAIN, 3RD CROSS, NEAR HALGANESH TEMPLE, VIDYAGIRI, DHARWAD – 580 004. …PETITIONER (BY SRI. ROHIT S. PATIL & SRI. S.T.PATIL, ADVOCATES) AND: 1. THE CHAIRMAN/SECRETARY, BELAGAVI POSTAL AND RMS DIVISION, COOPERATIVE CREDIT SOCIETY LTD., BELAGAVI – 590 001. 2. THE PRESIDENT POSTAL AND RMS CO-OPERATIVE SOCIETY LTD., BELAGAVI AND SUPERINTENDENT OF POST OFFICE, BELAGAVI DIVISION, BELAGAVI – 590 001. 3. THE POST MASTER (HSG-I), BELAGAVI HEAD POST OFFICE, BELAGAVI – 590 001. …RESPONDENTS (BY SRI. SHEKHARGOUDA M. NAGANURI, ADVOCATE FOR R1; SRI M.B.KANAVI, CGSC FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS IN THE FORM OF DIRECTIONS TO THE RESPONDENT NO.1 TO CONSIDER THE LETTER DATED 24/06/2017 VIDE ANNEXURE-C, LETTER DATED AND 05/11/2024 VIDE ANNEXURE-K AND REPLY NOTICE DATED 15/10/2024 VIDE ANNEXURE-E AND PASS SUITABLE ORDERS IN ACCORDANCE WITH LAW; NECESSARY DIRECTIONS IN THE FORM WRIT OF MANDAMUS BE PASSED DIRECTING RESPONDENT NOS. 1 TO 3 TO ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Date: 2025.08.01 15:01:38 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9451 WP No. 102835 of 2025 RELEASE THE DIVIDEND AMOUNT TO PETITIONER WITH INTEREST TILL THE DATE OF REALIZATION IN THE ENDS OF JUSTICE AND ETC.,. THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. A writ of Mandamus in the form of directions to the respondent no.1 to consider the letter dated 24/06/2017 vide Annexure-C, letter dated 05/11/2024 vide Annexure-K and reply notice dated 15/10/2024 vide Annexure-E and pass suitable orders in accordance with law. b. Necessary directions in the form writ of mandamus be passed directing the Respondent Nos. 1 to 3 to release the dividend amount to the petitioner with interest till the date of realization in the ends of justice. c. That the any other relief in the form of directions to the respondent nos. 1 and 2 deem fit in the circumstances of the case be passed. 2. What has been sought for is a mandamus as against a Co-operative Society registered under the Karnataka Co-operative Societies Act, 1959 (for short ‘the KCS Act’). Such a relief is not maintainable. - 3 - HC-KAR NC: 2025:KHC-D:9451 WP No. 102835 of 2025 3. Reserving liberty to the petitioner to raise a dispute under Section 70 of the KCS Act, 1959, the petition stands disposed of. 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. SD/- (SURAJ GOVINDARAJ) JUDGE AM/- CT-ASC List No.: 1 Sl No.: 24