- 1 - HC-KAR NC: 2025:KHC:25639 WP No. 3593 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3593 OF 2021 (CS-RES) BETWEEN: 1. G M MANU S/O G. B MAHADEVAIAH, AGED 35 YEARS, K. GOWDAGERE PRIMARY AGRICULTURE CREDIT COOPERATIVE SOCIETY LTD K. GOWDAGERE, MANDYA TALUK, MANDYA DISTRICT. …PETITIONER (BY SRI. DEVI PRASAD SHETTY.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DE OF COOPERATION, M.S. BUILDING, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY 1ST CROSS ROAD, SUBASH NAGAR, MANDYA DISTRICT, MANDYA – 573 201. 3. ASSISTANT REGISTRAR OF CO -OPERATIVE MANDYA SUB DIVISION, MANDYA – 573 201. 4. ENQUIRY OFFICER COOPERATIVE DEVELOPMENT OFFICER, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25639 WP No. 3593 of 2021 MALAVALLI – 571 430, MANDYA DISTRICT. 5. K. GOWDAGERE PRIMARY AGRICULTURE CREDIT COOPERATIVE SOCIETY LTD K.GOWDAGERE, MANDYA TALUK, MANDYA DISTRICT – 571 446. REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. HARISH, AS, AGA FOR R1 TO R4; R5-K GOWDAGERE PRIMARY AGRICULTURAL CREDIT CO- OPERATIVE SOCIETY LTD, REP BY ITS SECRETARY MANDYA – SD) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH ANNX-D PASSED BY THE R-3 DTD 20.05.2019.QUASH THE ORDER VIDE ANNX-H ORDER PASSED ON 10.01.2020 BY THE R-2 IN APPEAL NO. DRY/DAP/09/2019-20 AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. “Issue a writ of in the certiorari quashing Annexure D passed by the respondent no 3 in AR39QSI:01:2017-18 Dated- 20-05-2019. ii. Issue a writ in the nature of certiorari quashing the order at Annexure-H order passed on 10/01/2020 by the respondent no 2 in Appeal No DRY/DAP/ 06/2019-20. - 3 - HC-KAR NC: 2025:KHC:25639 WP No. 3593 of 2021 iii. Issue a writ in the nature of mandamus directing the respondent no 2 to hear the Appeal No DRY/DAP/06/2019-20 filed under section 106 of the Karnataka cooperative societies Act 1959 filed before the respondent no 2. iv. Issue such other appropriate writ, order or direction as this Hon'ble court deems fit under the circumstances of the case in the interest of justice and equity.” 2. Enquiry under Section 64 of the Karnataka Cooperative Societies Act, 1959 (hereinafter referred to as ‘the Act’ for short) having been held. Consequently an order under Section 68 of the Act had been passed. Challenging the same, the petitioner had filed an appeal under Section 106 of the Act in Appeal No.DRY/DAP/06/2019-20. The said appeal has not been taken up for consideration on the ground that an Administrator has been appointed to the Society and the Directors would not continue with the appeal. Subsequently, the order of appointment of an Administrator was stayed and now the Board is stated to be functioning in respect of respondent No.5-Society. If that be so, it would be - 4 - HC-KAR NC: 2025:KHC:25639 WP No. 3593 of 2021 for respondent No.2 to take up the appeal and consider the grievance of the petitioner in the appeal. As such, I pass the following: ORDER i) The writ petition is partly-allowed. ii) Certiorari is issued, the order dated 10.01.2020 passed by respondent No.2 in Appeal No.DRY/DAP/06/2019-20 at Annexure-H, is set aside. iii) A mandamus is issued directing respondent No.2 to consider the Appeal No.DRY/DAP/06/2019-20 filed under Section 106 of the Karnataka Cooperative Societies Act, 1959 and to pass necessary orders in accordance with law. iv) The interim order granted in the present matter shall continue until disposal of the appeal. SD/- (SURAJ GOVINDARAJ) JUDGE KTY/List No.: 1 Sl No.: 41