- 1 - NC: 2025:KHC-D:2415 WP No. 105211 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105211 OF 2024 (S-RES) BETWEEN: SRI. SURESH D. KENGAR S/O. SMT. DURGAVVA, AGED ABOUT 57 YEARS, OCC: MARKETING OFFICER, DHARWAD GADAG AND U.K DISTRICT MILK UNION, LAKKAMANHALLI, DIST: DHARWAD- 580004. …PETITIONER (BY SRI. RAVI HEGDE, AND SRI. VINAY KIMAR BHAT, ADVOCATES) AND: 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KARNATAKA STATE NO.1, ALI ASKAR ROAD, BENGALURU- 560052. 2. THE MANAGING DIRECTOR, DHARWAD, GADAG AND U.K DISTRICT MILK UNION LAKKAMANHALLI, DIST: DHARWAD- 580004. 3. THE MANAGING DIRECTOR, HAVERI DISTRICT MILK UNION, VETERNARY HOSPITAL COMPOUND, PB ROAD HAVERI, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2415 WP No. 105211 of 2024 DIST HAVERI- 581110. …RESPONDENTS (BY SMT. KIRTHILATA R. PATIL, HCGP FOR R1, SRI. ARAVIND D. KULKARNI, ADVOCATE FOR R2, NOTICE TO R3 IS DISPENSED WITH V/O DATED 10.09.2024) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE ORDER DATED. 13/08/2024 PASSED ON I.A. NO. V AND VI IN APPEAL NO. 53/2024 ON THE FILE OF KARNATAKA APPELLATE TRIBUNAL, BENGALURU VIDE ANNEXURE-S AND T, AND ALLOW SAID APPLICATIONS, AND CONSEQUENT UPON QUASHING THE AFORE SAID ORDERS, ISSUE WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO OPEN THE SEALED COVER AND DECLARE THE PROMOTION OF THE PETITIONER FORTHWITH, AND CONSEQUENT UPON QUASHING THE AFORE SAID ORDER, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONTINUE THE SERVICES OF THE PETITIONER IN THE 2ND RESPONDENT UNION, AND ISSUE ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST OF THIS PROCEEDING, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2415 WP No. 105211 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer : • Issue writ of certiorari or any other writ or order quashing the order dated. 13/08/2024 passed on I.A. NO. V AND VI in Appeal No. 53/2024 on the file of Karnataka Appellate Tribunal, Bengaluru vide Annexure-S and T, and allow said applications, and • Consequent upon quashing the afore said orders, issue writ of mandamus directing the 2nd respondent to open the sealed cover and declare the promotion of the petitioner forthwith, and • Consequent upon quashing the afore said order, issue writ of mandamus directing the respondent no.2 to continue the services of the petitioner in the 2nd respondent union, and • Issue any other writ or order as this Hon’ble Court may deem fit in circumstances of the case including the cost of this proceeding, in the interest of justice. 2. Heard Sri Ravi Hegde, learned counsel for petitioner, Smt. Keerthilatha R. Patil, learned HCGP for respondent No.1 and Sri Aravind D. Kulkarni, learned counsel for respondent No.2. 3. The facts in brief germane are as follows: The petitioner is said to have joined services of the second respondent-Union U. K. District Milk Union - 4 - NC: 2025:KHC-D:2415 WP No. 105211 of 2024 (hereinafter referred to as ‘Union’, for short) on 01.01.1987. It transpires that the petitioner is promoted to higher cadres in office and at the relevant point in time, he is said to have been working as a Marketing Supervisor. He was entitled to be promoted to the post of Marketing Officer, in terms of the service rules. Representation comes to be made to the respondent-Union to consider his case for promotion on the score that he is completed 5 years of service as was needed for the post of Marketing Officer. The same was not considered and the second respondent-Union on 31.03.2022, passes an order, handing over the service of the petitioner to the third respondent. This comes to be challenged by way of filing a Writ Petition No.101348/2022, the averment in the petition is that there was an interim order of stay granted therein. The Writ Petition comes to be disposed on 23.05.2023 directing the petitioner to avail the remedy as available under Section 70(2) of the Karnataka - 5 - NC: 2025:KHC-D:2415 WP No. 105211 of 2024 Cooperative Societies Act, 1959. It is then the petitioner approaches the Registrar of Cooperative Societies. The claim of the petitioner comes to be dismissed. Against the dismissal, the petitioner is before the Karnataka Appellate Tribunal in Appeal No.53/2024. The applications of the petitioner for stay of the order of ARCS was not considered favourably as I.A.Nos.5 and 6 by which the petitioner had sought for stay of further proceedings of handing over his services from second respondent-Union to the third respondent. The rejection of which is driven the petitioner to this Court in the subject petition. 4. The learned counsel Sri Ravi Hegde seeks to argue the matter on its merit. I decline to accept any submission, on the score that the entire proceeding, is at large before the Karnataka Appellate Tribunal in Appeal No.53/2024 and what the petitioner challenges is the rejection of two applications. 5. The learned counsel Sri Aravind D. Kulkarni representing the second respondent submits that the - 6 - NC: 2025:KHC-D:2415 WP No. 105211 of 2024 matter is posted for its hearing before the Tribunal as there is no stay of further proceedings before the Tribunal in the case at hand. 6. In that light, I deem it appropriate to direct the Tribunal to dispose the appeal in Appeal No.53/2024 within an outer limit of three months from the date of receipt of the copy of the order, if not earlier. 7. All contentions urged before this Court, in the subject petition, petitioner would be at liberty to urge them before the Appellate Tribunal in the appeal. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 15