- 1 - HC-KAR NC: 2025:KHC-D:12316 WP No. 106814 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106814 OF 2025 (CS-RES) BETWEEN: RAJASHRI W/O. MURARI NAIK, AGE: 58 YEARS, OCC. CHIEF EXECUTIVE OFFICER, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, R/O. RAJSHRI NILAY, DEVARHITTALU POST, BELAKE, TQ. BHATKAL, DIST. UTTARA KANNADA-581320. …PETITIONER (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: 1. ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETY, KUMTA, TQ. KUMTA, DIST. UTTAR KANNADA - 581332. 2. SMT. NAYANA W/O. NAGESH NAIK, AGE: MAJOR, OCC. PRESIDENT, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, R/O. KOTTIGEMANE, MAVALLI - 1, MURDESHWAR, TQ. BHATKAL, DIST. UTTAR KANNADA - 581320. 3. SMT. SUKANYA W/O DAYANAND NAIK, AGE: MAJOR, OCC. VICE-PRESIDENT, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, R/O. VAASUKI NILAYA, THALAAND, TQ. BHATKAL, DIST. UTTAR KANNADA - 581320. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12316 WP No. 106814 of 2025 4. SMT. CHANDRAPRABHA W/O BHASKAR NAIK, AGE: MAJOR, OCC. DIRECTOR, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, R/O. RADHA NILAYA, JANATA COLONY, BELAKE, TQ. BHATKAL, DIST. UTTAR KANNADA - 581320. 5. SMT. LAKSHMI W/O DURGAPPA NAIK, AGE: MAJOR, OCC. DIRECTOR, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, R/O. GANDHI NAGAR, HEBALE, TQ. BHATKAL, DIST. UTTAR KANNADA - 581320. 6. SMT. SHOBHA W/O GOVARDHAN NAIK, AGE: MAJOR, OCC. DIRECTOR, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, R/O. GORATE CROSS, TQ. BHATKAL, DIST. UTTAR KANNADA - 581320. 7. SMT. B B HAJIRA W/O MOHAMAD SALEEM SALEEF, AGE: MAJOR, OCC. DIRECTOR, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, R/O. AAJAD NAGAR, 6TH CROSS ROAD, JAALI TQ. BHATKAL, DIST. UTTAR KANNADA - 581320. 8. SMT. VIJAYA W/O JAYANT NAIK, AGE: MAJOR, OCC. DIRECTOR, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, R/O. KALBANDIMANE, DEVAGIRI, MURDESHWARA, TQ. BHATKAL, DIST. UTTAR KANNADA - 581320. 9. SMT. VEENA W/O RAMACHANDRA NAIK, AGE: MAJOR, OCC. DIRECTOR, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, R/O. TAALAKKI MANE, AASARAKERI, TQ. BHATKAL, DIST. UTTAR KANNADA - 581320. 10. SMT. RADHA W/O SHRIDHAR MOOGER, AGE: MAJOR, OCC. DIRECTOR, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, - 3 - HC-KAR NC: 2025:KHC-D:12316 WP No. 106814 of 2025 R/O. KAPPIMANE, MUNDALLI, TQ. BHATKAL, DIST. UTTAR KANNADA - 581320. 11. SMT. SUNITA W/O RAIMAN DESOJA, AGE: MAJOR, OCC. DIRECTOR, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, R/O. CHANDRAHITLU, MAVALLI, TQ. BHATKAL, DIST. UTTAR KANNADA - 581320. 12.SMT. BHAVANI W/O NAGARAJ NAIK, AGE: MAJOR, OCC. DIRECTOR, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, R/O. BANDICROSS, HOSKATTE, SHIRALI, TQ. BHATKAL, DIST. UTTAR KANNADA - 581320. 13. SMT. LAKSHMI W/O MOHAN GOND, AGE: MAJOR, OCC. DIRECTOR, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, R/O. KOOTKAND, MARUKERI, TQ. BHATKAL, DIST. UTTAR KANNADA - 581320. 14. SMT. KUSUMA W/O NARAYAN POOJARI, AGE: MAJOR, OCC. ACCOUNTANT, ABHYUDAYA MAHILA PATTINA SAHAKARI SANGHA NIYAMIT, BHATKAL, R/O. TARAPATI, UPPUND, TQ. BAINDUR, DIST. UDUPI 576214. 15. MR. RAGHAVENDRA GUDIGERI YAANE AMBIGA, AGE: MAJOR, OCC. CO-OPERATIVE DEVELOPMENT OFFICER, SIDDAPUR, TQ. SIDDAPUR, DIST. UTTARA KANNADA - 581355. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. SOURABH HEGDE, ADVOCATE FOR C/R2 & R3 TO R15) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, TO ALLOW THE INTERIM RELIEF APPLICATION FILED BY PETITIONER IN DISPUTE CASE NO.SANI- 20/E/DDS/230/2025-26 ON THE FILE OF CO-OPERATIVE - 4 - HC-KAR NC: 2025:KHC-D:12316 WP No. 106814 of 2025 SOCIETY REGISTRAR, KUMATA, WHICH ARE PRODUCED AS ANNEXURE-J IN THE PRESENT WRIT PETITION SEEKING FOR STAY OF THE SUSPENSION ORDER, PENDING DISPOSAL OF THE DISPUTE PREFERRED UNDER SECTION 70 OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959.B) ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO.1 TO DECIDE THE DISPUTE ON THE MERITS OF THE CASE IN DISPUTE CASE NO.SANI/20/E/DDS/230/2025-26 ON THE FILE OF CO- OPERATIVE SOCIETY REGISTRAR, KUMATA, AS EARLY AS POSSIBLE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent No.1. 2. Sri.Sourabh Hegde, learned counsel who has filed caveat for respondent No.2 accepts notice for respondent Nos.3 to 15. 3. He seeks for and is granted 15 days time to file vakalathnama on behalf of the aforesaid respondents. 4. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of Mandamus or any other appropriate writ, order, or direction, to allow the interim relief - 5 - HC-KAR NC: 2025:KHC-D:12316 WP No. 106814 of 2025 application filed by petitioner in dispute case no.SaNi20/E/DDS/230/2025-26 on the file of Co-Operative Society Registrar, Kumata, which are produced as Annexure-J in the present writ petition seeking for stay of the suspension order, pending disposal of the dispute preferred under section 70 of the Karnataka Co-Operative Societies Act, 1959. b. Issue writ of Mandamus, directing the Respondent No.1 to decide the dispute on the merits of the case in dispute case No.SaNi/20/E/DDS/230/2025-26 on the file of Co-Operative Society Registrar, Kumata, as early as possible. c. Issue such other writ, orders or direction as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity. 5. Essentially the petitioner is before this Court on account of the refusal of grant of interim order in respect to the order of suspension passed against the petitioner, which had been challenged under Section 17 of the Karnataka Cooperative Societies Act, 1959. Considering that there are disputed questions of fact, which are involved, I am of the opinion that it would not be proper for this Court to consider this aspect - 6 - HC-KAR NC: 2025:KHC-D:12316 WP No. 106814 of 2025 more so when counsel for respondent Nos.2 to 15 submits that the Co-operative Society and its Officers would co-operate with respondent No.1 in the expeditious disposal of the dispute and objections would be filed before 30.09.2025. 6. In that view of the matter, respondent No.1 could be directed to dispose of the proceedings as expeditiously as possible. As such, I pass the following: ORDER i) Writ petition is partly allowed by directing respondent Nos.2 to 15 to submit their written objections on or before 30.09.2025. ii) Respondent No.1 is directed to dispose of the dispute pending before him within a period of 90 days from the date of filing of the objections. - 7 - HC-KAR NC: 2025:KHC-D:12316 WP No. 106814 of 2025 iii) Needless to say that till the disposal of the dispute, respondents would be liable to make payment of the subsistence allowance to the petitioner. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 19