- 1 - HC-KAR NC: 2025:KHC-D:10236 WP No. 105717 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105717 OF 2025 (GM-CON) BETWEEN: SHRI. GOUSMOHIDIN S/O. NAZIRHAMMED MOMINDADA, (ALLEGED TO BE THE CHAIRMAN OF BASAVESHWARA MULTIPURPOSE, SOUHARDA SAHAKARI NIYAMITA BELAGAVI) AGE: 53 YEARS, OCC. SERVICE, R/O. #466, GANDHI NAGAR, HUKKERI, BELAGAVI, KARNATAKA-591309. …PETITIONER (BY SRI. SOURABH HEGDE, ADVOCATE) AND: SHRI. ISHWARAPPA S/O SHIDRAMAPPA PANASHETTI AGE: 79 YEARS, OCC. BUSINESS AND AGRICULTURE, R/O H.NO. 1118, SHIDHESHWAR ROAD, ATHANI, TQ. ATHANI, BELAGAVI-591304. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO a) QUASHING THE IMPUGNED SUMMONS DATED 17.04.2025 IN CRIMINAL COMPLIANT NO.574/2023 ISSUED BY THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BELAGAVI VIDE ANNEXURE-A, IN SO FAR AS PETITIONER IS CONCERNED IN THIS WP. b) ISSUE A WRIT IN THE NATURE OF DECLARATION, DECLARING THAT, PETITIONER CANNOT BE SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.16 10:55:11 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10236 WP No. 105717 of 2025 ARRAYED AS PARTY (ON PERSONAL CAPACITY) BY THE DEPOSITORS OF BASAVESHWAR MULTIPURPOSE SOUHARDA SAHAKARI NIYAMIT, BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BELAGAVI, AS HE IS NOT THE SERVICE PROVIDER. c) AWARDING THE COST OF THE LITIGATION. d) ANY OTHER ORDER AS MAY BE DEEMED NECESSARY. 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. The petitioner is before this Court seeking for the following reliefs: a) Quashing the impugned summons dated 17.04.2025 in Criminal Compliant No.574/2023 issued by the District Consumer Disputes Redressal Commission, Belagavi vide Annexure- A, in so far as petitioner is concerned in this wp. b) Issue a Writ in the nature of Declaration, declaring that, petitioner cannot be arrayed as party (on personal capacity) by the Depositors of Basaveshwar Multipurpose Souharda Sahakari Niyamit, before the district Consumer Disputes Redressal Commission, Belagavi, as he is not the Service Provider. c) Awarding the cost of the litigation. d) Any other Order as may be deemed necessary. 2. What has been challenged is the summons issued vide order dated 17.04.2025 in Criminal Complaint - 3 - HC-KAR NC: 2025:KHC-D:10236 WP No. 105717 of 2025 No.574/23 by the District Consumer Disputes Redressal Commission, Belagavi. 3. The vehement submission of Sri.Sourabh Hegde, learned counsel for the petitioner is that the petitioner is not concerned with the Basaveshwar Multi Purpose Souhard Sahakari Niyamit, Belagavi and despite which notice has been issued. 4. If that be so, it is for the petitioner to place the said facts on record before the Consumer Disputes Redressal Commission and not challenge the same before this Court. 5. No grounds being made out, reserving liberty to the petitioner to place the relevant material and file such application as may be permissible, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 3 Sl No.: 82