- 1 - HC-KAR NC: 2025:KHC-D:15023 WP No. 107930 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107930 OF 2025 (CS-RES) BETWEEN: PRASHANT S/O. RAMAYYA NAYAK, AGE: 50 YEARS, OCC: BUSINESS, R/AT 4, 2660 GANAPATI GALLI, ANKOLA, DIST: UTTAR KANNADA – 581 314. …PETITIONER (BY SRI. G. S. MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO OPERATION, VIKAS SOUDHA, BANGALORE – 560 001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIS, SOUHARDA COOPERATIVE DISPUTES TRIBUNAL, BELGAUM BENCH, KARNATAKA STATE SOUHARDA SAMYUKTA COOPERATIVE SOCIETY, R/AT 1119/B, KANABARAGI INDUSTRIAL AREA, NEAR RURAL AYURVEDIC COLLEGE, AUTO NAGAR, BELAGAVI – 590 015. 3. THE CHIEF EXECUTIVE OFFICER, SHRI. MANIKANTHA SOUHARDA CREDIT SAHAKARI NI. ANKOLA, R/AT: NEAR HONNARAKA TEMPLE, BARDOLI, ANKOLA, DIST: UTTAR KANNADA – 581 357. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:15023 WP No. 107930 of 2025 4. PRATIMA W/O. PRASHANT NAYAK, AGE 44 YEARS, OCC. HOUSEWIFE, R/AT 4, 2660 GANAPATI GALLI, ANKOLA, DIST. UTTAR KANNADA – 581 314. 5. RAGHAV S/O. GANAPATI NAYAK, AGE: 48 YEARS, OCC: HOUSEWIFE, R/AT: GUDENGADI, KUMTA, DIST: UTTARA KANNADA – 581 351. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1 TO R3; V/O DATED 03.11.2025 NO RELIEF IS SOUGHT AGAINST R4 & R5 NO NOTICE IS REQUESTED TO ISSUED TO THEM) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY SUCH WRIT OR DIRECTION TO SET ASIDE THE IMPUGNED ORDER DATED 30.08.2025 PASSED BY THE RESPONDENT NO.2 IN VYAJYA SANKHE.DRD/ KA.RA.SOU. SAN.SA.NI/ 2831/2024-25 I.E., ANNEXURE-B AND CONSEQUENTLY ALLOW THE PETITIONER TO FILE OBJECTIONS TO CLAIM PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15023 WP No. 107930 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayers: A. Set aside the impugned order dated 30.08.2025 passed by the respondent no.2 in VYAJYA SANKHE.DRD/ KA.RA.SOU. SAN.SA.NI/ 2831/2024-25 i.e., Annexure-B and consequently allow the petitioner to file objections to claim petition in the interest of justice and equity. B. Pass such order or orders which this Hon’ble court deems fit and necessary under the facts and circumstances of the case. 2. The petitioner and respondent Nos.4 and 5 have allegedly availed a loan from respondent No.3. The respondent No.3 then files a case for recovery seeking recovery of Rs.43,57,588/- jointly and severally from the petitioner and respondent Nos.4 and 5. The issue is not with regard to the merit of the matter. The 1st petitioner and respondent Nos.4 and 5 engages the services of a counsel and the vakalath so filed was accepted. The respondent No.2-Deputy Registrar of Cooperative Societies rejects the vakalath filed by the petitioner and consequently does not permit filing of the Written Statement. It is this that has driven the petitioner to this Court in the subject - 4 - HC-KAR NC: 2025:KHC-D:15023 WP No. 107930 of 2025 petition. It is not necessary to delve deep into the matter. It is trite that when the counsel has entered appearance through a vakalath, it ought to be taken note of unless the vakalath so filed runs counter to law or if the counsel has filed vakalath ignoring conflict of interest. None of these are indicated in the order. 3. In that light, the order dated 30.08.2025 deserves to be obliterated with a direction to respondent No.2 to take the vakalath on record bearing in mind the observations made in the course of the order and regulate its procedure. 4. For the aforesaid reasons, the following: ORDER [i] Writ Petition is disposed. [ii] The order dated 30.08.2025 passed by respondent No.2 in VYAJYA SANKHE.DRD/KA.RA.SOU.SAN.SA.NI/2831/ 2024-25 stands quashed. [iii] The respondent No.2 shall now take action in accordance with law bearing in mind the observations made in the course of the order. - 5 - HC-KAR NC: 2025:KHC-D:15023 WP No. 107930 of 2025 Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE kmv/CBC CT-ASC