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2025 DAILYLAW 69667 (KAR)

P KALLAHALI MILK PRODUCERS COOPERATIVE SOCIETIES LTD v. STATE OF KARNATAKA

WP/2812/2022 · 2025-11-18

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47453 WP No. 2812 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 2812 OF 2022 (CS-RES) BETWEEN: P. KALLAHALI MILK PRODUCERS COOPERATIVE SOCIETIES LTD KASABA HOBLI, TURUVEKERE TQ TUMKURU DISTRICT - 572 227 REPRESENTED BY ITS PRESIDENT MAMATHA W/O SHIVAKUMARSWAMY AGED 35 YEARS. …PETITIONER (BY SRI: DEVI PRASAD SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO OPERATION 6TH FLOOR, M.S BUILDING DR B.R.AMBEDKAR VEEDHI BENGALURU - 560 001. 2. REGISTRAR OF COOPERATIVE SOCIETIES NO.1, ALI ASKER ROAD BENGALURU-560 002. 3. ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (INDUSTRIES AND DAIRY) NO.1, ALI ASKER ROAD BENGALRURU-560 002. 4. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES TUMKURU SUB DIVISION Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47453 WP No. 2812 of 2022 TUMKURU-572 102. 5. JOINT REGISTRAR OF COOPERATIVE SOCIETIES BENGALURU REGION SAHAKARA SPWDHA 8TH CROSS, MARGOSA ROAD MALLESHWARAM BENGALURU-560052. 6. THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES TIPTUR SUB DIVISION TIPTUR-572201. 7. THE TUMKUR MILK UNION LTD MALLASANDRA TUMKURU-572107 REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI: S.R. KHAMROZ KHAN, AGA FOR R1 TO 6 SRI: PRASHANTH B.R., ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-J DATED 12.01.2022 PASSED BY RESPONDENT NO.4 AND QUASH THE ANNEXURE-L DATED 17.01.2022 PASSED BY RESPONDENT NO.4 AND DIRECT RESPONDENT NO.7 TO PROVIDE THE PETITIONER SOCIETY A MILK COLLECTION NOTICE CENTER WITHIN THE JURISDICTION AND AREA OF OPERATION OF THE PETITIONER SOCIETY AND ETC., THIS WRIT PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 3 - HC-KAR NC: 2025:KHC:47453 WP No. 2812 of 2022 ORAL ORDER Heard Sri Devi Prasad Shetty, learned counsel for the petitioner, Sri S R Khamroz Khan, learned Additional Government Advocate for respondent Nos.1 to 6 and Sri B R Prashanth, learned counsel for respondent No.7. Perused the materials on record. 2. The contention of the petitioner - Society that the Society is registered under the provisions of Karnataka Co- operative Societies Act on 13.02.2020 and the Society is affiliated to respondent No.1 is not in dispute. 3. It is the specific contention of the petitioner that respondent No.7 being the District Milk Union is required to permit the petitioner to establish Milk Collection Centres within its jurisdiction. 4. This fact is also not disputed by any of the respondents. 5. The petitioner has produced Annexure-E, the representation submitted to respondent No.7 requesting to permit the petitioner to establish Milk Collection Centres and to - 4 - HC-KAR NC: 2025:KHC:47453 WP No. 2812 of 2022 carry on the business. Admittedly, there is no reply to Annexure-E. In the meantime, respondent No.4 issued Annexures-J and L seeking cancellation of registration for the reason that the petitioner has not carried on any business. 6. Unless the Milk Collection Centres are permitted to be established by respondent No.7, the petitioner could not have carried on the business. Therefore, I am of the opinion that respondent No.7 was duty bound to permit the petitioner to establish Milk Collection Centre. Even thereafter, if the petitioner fails to carry on business, then the respondents are at liberty to proceed against the petitioner in accordance with law. That being so, Annexures-J and L passed by respondent No.4 will have to be quashed. 8. Accordingly, I proceed to pass the following: ORDER (i) The writ petition is allowed. - 5 - HC-KAR NC: 2025:KHC:47453 WP No. 2812 of 2022 (ii) The orders dated 12.01.2022 and 17.01.2022 passed by respondent No.4 vide Annexures-J and L, respectively are hereby quashed. Sd/- (M G UMA) JUDGE *bgn/- CT:VS List No.: 2 Sl No.: 8