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2025 DAILYLAW 61166 (KAR)

SRI SURESH TIMMANNA DANDAGAL v. THE STATE OF KARNATAKA

WP/104681/2025 · 2025-08-18

Suraj Govindaraj

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:10391 WP No. 104681 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104681 OF 2025 (CS-RES) BETWEEN: 1. SRI SURESH TIMMANNA DANDAGAL AGE: 53 YEARS, OCC. AGRIL., CHAIRMAN VYAVASAI SEVA SHAHAKAR SANGH, R/O. HALAKARNI GANDHINAGAR, POST: KHANAPUR, TQ. KHANAPUR, DIST. BELAGAVI. 2. SRI. KAPIL S/O.MUTTAPPA NITTURKAR, AGE: 36 YEARS, OCC. CEO, R/O. MACCHE, BELAGAVI, TQ. AND DIST. BELAGAVI. …PETITIONERS (BY SRI. MAHANTESH R PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. 2. THE REGISTRAR OF CO-OP SECIETY, KARNATAKA STATE NO. 1, ALI ASKAR ROAD, BENGALURU-52. 3. JOINT REGISTRAR OF CO-OP SOCIETY BELAGAVI DIVISION, BELAGAVI-590001. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10391 WP No. 104681 of 2025 4. THE DEPUTY REGISTRAR OF CO-OP SOCIETY SAHAKAR ADMINISTRATION BUILDING, JAKKERI HONDA, BELAGAVI, DIST. BELAGAVI-590001. 5. THE ASSISTANT REGISTRAR OF CO-OP SOCIETY BELAGAVI, DIST. BELAGAVI-590001. 6. THE DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED, BELAGAVI, DIST. BELAGAVI, BY ITS CHEIF EXECUTIVE OFFICER, OLF B P ROAD, NEAR CENTRAL BUS STOP, BELAGAVI-590016. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1 TO R5; SRI. K. ANAND KUMAR, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, I) ISSUE WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ENDORSEMENT DATED 2/7/2025 BEARING NO. LE.P.MASHA/ 3374/2025-2026 BY THE RESPONDENT NO. 6 VIDE ANNEXURE C. II) ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 6 TO COMPLY THE DIRECTION ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE B.III) ISSUE ANY OTHER WRIT OR DIRECTION AS DEEM FIT BY THIS HON BLE COURT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10391 WP No. 104681 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i) Issue writ in the nature of certiorari and quash the impugned endorsement dated 2/7/2025 bearing No. Le.P.Masha/ 3374/2025-2026 by the respondent no. 6 vide Annexure C. ii) Issue writ in the nature of mandamus directing the respondent no. 6 to comply the direction issued by the respondent no.3 vide Annexure B. iii) Issue any other writ or direction as deem fit by this Hon’ble Court, in the interest of justice and equity. 2. The petitioners being the Chairman and Chief Executive Officer of Vyavasay Seva Sahakar Sangh Niyamit Gandhi Nagar (Halkarni) having registered itself as a co-operative society had approached respondent No.6 to become a member of respondent No.6 by collecting the subscription amounts. 3. The same having been refused, the petitioners had approached respondent No.5 who had passed orders - 4 - HC-KAR NC: 2025:KHC-D:10391 WP No. 104681 of 2025 in favour of respondent No.3 who had allowed the said request. Challenging the same, respondent No.6 has filed an appeal under Section 106 before respondent No.2, which is pending consideration. 4. When such an appeal is pending consideration, the question of this Court directing respondent No.6 to comply with the order of respondent No. 3, which is in appeal, would not arise. 5. Reserving liberty to move such application as may be permitted in the appeal pending before the respondent No. 2, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH Ct:pa, List No.: 1 Sl No.: 86