- 1 - HC-KAR NC: 2025:KHC-D:9973 WP No. 105236 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 07TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 105236 OF 2025 (CS-RES) BETWEEN: 1. TEJPAL S/O. BHUPAL MAGADUM AGE. 53 YEARS, OCC. AGRICULTURE, CHIEF PROMOTER, PROPOSED JAI GANESH VIVIDDODESH PRATHMIK GRAMEEN KRUSHI SAHAKARI SANGH NIYAMIT, BORGAON, TQ. NIPPANI, DIST. BELAGAVI, AT BORGAON, TQ. NIPPANI, R/O. KUMATOLI VILLAGE, TQ. NIPPANI, DIST. BELAGAVI-591216 …PETITIONER (BY SMT. SANJANA S MUDHOL, ADV) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, CHIKKODI, CHIKKODI SUB-DIVISION, CHIKKODI, TQ. CHIKKODI, DIST. BELAGAVI-591201 …RESPONDENTS (BY SRI. GANESH RAIBAGI, ADV FOR R1 & R2) THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 13/06/2025 IN NO.AR-11/RSR/74/2025-26 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E. AND TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.14 12:02:57 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9973 WP No. 105236 of 2025 GRANT PERMISSION TO FLOATING OF THE COLLECTION OF THE SHARE AMOUNT FOR PRE-REGISTRATION OF THE SOCIETY IN THE NAME OF THE PROPOSED JAI GANESH VIVIDDODESH PRATHMIK GRAMEEN KRUSHI SAHAKARI SANGH NIYAMIT, BORGAON TQ. NIPPANI, DIST.BELAGAVI AT BORGAON BY ALLOWING THIS WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This writ petition is filed by the petitioner challenging the order dated 13.06.2025 passed by the second respondent vide Annexure-E and also sought for the writ of mandamus directing respondent No.2 to grant permission to floating of the collection of the share amount for pre-registration of the Society in the name of the proposed Jai Ganesh Vividdodesh Prathmik Grameen Krushi Sahakari Sangh Niyamit, Borgaon, Taluk Nippani, District Belagavi. 2. Brief facts leading rise to the filing of this Writ Petition are as follows: - 3 - HC-KAR NC: 2025:KHC-D:9973 WP No. 105236 of 2025 3. The petitioner submitted a proposal to the second respondent for the grant of permission for the collection of the share amount for the pre-registration of the proposed Society, on 24.03.2025. The second respondent issued a notice calling upon the petitioner to appear, and the petitioner appeared on 13.06.2025. Respondent No.2, without recording the statement of the petitioner, without considering the contents of the claim of the petitioner as stated in the proposal and without providing sufficient opportunity of hearing, rejected the proposal of the petitioner, by its erroneous reasons. Hence, the petitioner filed this Writ Petition. 4. Heard the learned counsel for the petitioner, and the learned Addl. Government Advocate for respondents. 5. Learned counsel for the petitioner submits that in identical matters, in the case of Sandeep s/o. Kallappa Kobru vs. The State of Karnataka and another in - 4 - HC-KAR NC: 2025:KHC-D:9973 WP No. 105236 of 2025 W.P.No.103027/2024 disposed of on 03.06.2024, in the case of Sachin s/o. Anand Khot vs. The State of Karnataka and others in W.P.No.100493/2024 disposed of on 06.02.2024, and also in the case of Kallappa s/o. Beera Gawade vs. The State of Karnataka and another in W.P.No.100512/2025 disposed of on 27.01.2025. Hence, she submits that as the matter is covered by the orders passed by the Coordinate Benches of this Court, the petitioner is also entitled to the benefit of the orders in the aforesaid Writ Petitions. She also submits that the petitioner has submitted the application under Rule 3 of the Karnataka Cooperative Societies Rules, 1960 (hereinafter referred to as ‘the Rules’, for short) and not as under Section 7 of the Karnataka Cooperative Societies Act, 1959 (hereinafter referred to as ‘the Act’, for short). Respondent No.2 has passed an order under Section 7 of the Act, and the impugned order is not an appealable order as per Section 106 of the Act. She submits that the - 5 - HC-KAR NC: 2025:KHC-D:9973 WP No. 105236 of 2025 Writ Petition may be disposed of in terms of the order passed in the aforesaid Writ Petitions. 6. Per contra, learned AGA submits that respondent No.2 has passed an order under Section 7 of the Act and not as under Rule 3 of the Rules. The impugned order is appealable under Clause (a) of Section 106 of the Act. Hence, on these grounds, he prays to dismiss the Writ Petition. 7. Perused the records and considered the submissions of the learned counsel for the parties. 8. There is no dispute that the petitioner has submitted an application to respondent No.2 seeking permission for the collection of the share amount for the pre-registration of the proposed Society. Respondent No.2 issued a notice to the petitioner directing the petitioner to be present before him, on 13.06.2025. The petitioner presented himself before the second respondent and submitted all the records along with the application. The - 6 - HC-KAR NC: 2025:KHC-D:9973 WP No. 105236 of 2025 second respondent, without considering the documents produced by the petitioner, rejected the application. 9. In identical matters, the Coordinate Benches of this Court, in the case of Sandeep (supra), Sachin (supra) and Kallappa (supra) have set aside the order of the Assistant Registrar of Co-operative Societies and directed the respondent to grant permission to collect the share amount for floating of the shares of the Society for registration subject to the petitioner satisfying other requirements of the law and provide an opportunity to the petitioner before passing any such orders. I do not want to deviate the orders passed by the Coordinate Benches of this Court in the aforesaid Writ Petitions. Hence, the petitioner is also entitled to the benefit of the order passed in the aforesaid Writ Petition. 10. In view of the above discussions, I proceed to pass the following: - 7 - HC-KAR NC: 2025:KHC-D:9973 WP No. 105236 of 2025 ORDER (i) The Writ Petition is allowed. (ii) The impugned order dated 13.06.2025 vide Annexure-E by respondent No.2, is hereby quashed. (iii) Respondent No.2 is directed to grant permission to collect the share amount for floating the shares of the Society for registration, subject to the petitioner satisfying other requirements of the law, and provide an opportunity to the petitioner before passing any orders. (iv) The petitioner is directed to be present before the second respondent on 20.08.2025 at 11.30 a.m. without awaiting further notice from respondent No.2. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 3 Sl No.: 7