- 1 - HC-KAR NC: 2025:KHC-D:15186 WP No. 106177 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106177 OF 2025 (CS-RES) BETWEEN: MEHABOOB S/O. MEERASAHEB CONTRACTOR CHIEF PROMOTER PROPOSED PRATHAMIK CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK NIYAMIT GULEDGUDD, AGE: 49 YEARS, OCC: AGRI. AND BUSINESS, R/O.GULEDGUDD, TALUK: GULEDGUDD DIST: BAGALKOT, PIN: 591304. …PETITIONER (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M.S.BUILDING, BENGALURU PIN. 560001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BAGALKOT AT.BAGALKOT, DIT. BAGALKOT PIN: 591301. 3. SANJAY S BARAGUNDI THE CHIEF PROMOTER PROPOSED GULEDGUDD TALUKA PRATHAMIK CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK NIYAMIT, GULEDGUDD, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15186 WP No. 106177 of 2025 AT: GULEDGUDD TQ: GULEDGUDD, DIST: BAGALKOT PIN: 591304. …RESPONDENTS (BY SRI.RAMESH CHIGARI, AGA FOR R1 AND R2; SRI. RAHUL S. SANGRESHI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: 1. TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 5/7/2025 IN NO. D.R. BJK/RSR/CR-22/2025-26 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-A AND COMMUNICATION LETTER DATED 23/5/2025 IN NO. DR BJK/RSR/ CR- 22/2025-26/495 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-F. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO RECONSIDER THE PROPOSAL OF THE PETITIONER VIDE ANNEXURE-D DATED 06/05/2025 FOR GRANT OF PERMISSION OF SHARE COLLECTION FOR PRE-REGISTRATION OF PROPOSED SOCIETY IN ACCORDANCE WITH LAW. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15186 WP No. 106177 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a. To Issue writ in the nature of Certiorari to quash the impugned order dated 5/7/2025 in No.D.R.BJK/RSR/CR- 22/2025-26 passed by the 2nd respondent vide Annexure-A and communication letter dated 23/5/2025 in No. DR BJK/RSR/ CR-22/2025-26/495 issued by the 2nd respondent vide Annexure-F. b. To Issue Writ in the nature of Mandamus directing the 2nd Respondent to reconsider the proposal of the Petitioner vide Annexure-D dated 06/05/2025 for grant of permission of share collection for pre-registration of proposed society in accordance with law. c. Issue any other order or direction as deems fit in the interest of justice and equity. 2. The petitioner, the promoter of the proposed Society is before this Court claiming to be aggrieved by the non-consideration of his application for the purpose of collection of shares. The reason for denying the petitioner the said collection of shares, according to the learned counsel for the petitioner is that the respondent No.3 proposed-Society was already granted an order of collection of shares. The learned counsel submits that was only for a temporary period as it was a provisional order. 3. The learned AGA submits that after the passage of the provisional order, a final order has been passed permitting the respondent No.3 to collect the shares. - 4 - HC-KAR NC: 2025:KHC-D:15186 WP No. 106177 of 2025 4. In the interregnum, it transpires that on a complaint filed against those four members against the society if those four members would be removed the society itself would fall and therefore the application of the petitioner also should merit consideration. 5. The Learned AGA submits that, if reasonable time is granted, the application in the petitioner would merit consideration bearing in mind the observations made during the course of the order. 6. In the light of said circumstance, I deem it appropriate to dispose the petition, with a direction to the respondents to consider the application of the petitioner for the purpose of collection of share capital, bearing in mind the observations made in the course of the order and after hearing the stakeholders, if need arises. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/-CT:ANB List No.: 1 Sl No.: 27