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2025 DAILYLAW 73399 (KAR)

B H VIJIKUMAR v. THE STATE OF KARNATAKA

WP/20358/2025 · 2025-12-02

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50173 WP No. 20358 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 20358 OF 2025 (CS-RES) BETWEEN: 1. B H VIJIKUMAR S/O HANUMANTAPPA AGED ABOUT 59 YEARS R/O BELAKERE VILLAGE, HALAGATHA POST, KADUR TALUK, CHIKKAMANGALURU DISTRICT. 2. B P OMKAR MURTHY S/O LATE PUTTASWAMY AGED ABOUT 58 YEARS R/O BELAKERE VILLAGE, HALAGATHA POST, KADUR TALUK, CHIKKAMANGALURU DISTRICT. 3. B.T. RAMESH S/O LATE THIMMEGOWDA AGED ABOUT 51 YEARS R/O BELAKERE VILLAGE, HALAGATHA POST, KADUR TALUK, CHIKKAMANGALURU DISTRICT. …PETITIONERS (BY SRI. DEVIPRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKASA SOUDHA, BENGALURU-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES TAREKERE SUB-DIVISION, Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50173 WP No. 20358 of 2025 CHIKKAMAGALURU DISTRICT-577228. 3. CHIKKAMANGALURU DISTRICT CENTRAL CO-OPERATIVE BANK LTD, RATHNAGIRI ROAD, CHIKKAMANGALURU-577101 REPRESENTED BY ITS MANAGING DIRECTOR 4. BALLEKERE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, BALLEKERE, KADUR TALUK, CHIKKAMANGALURU-571426 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 5. KADURHALLI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, KADURHALLI, KADUR TALUK, CHIKKAMANGALURU-577548 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 6. SRI B H VISHWANATH S/O B K HANUMANTHAPPA AGED ABOUT 50 YEARS, DIRECTOR, BALLEKERE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, BELAKERE, KADUR TALUK, CHIKKAMANGALURU-577101 7. B.N. BHAGYALINGHAPPA S/O NANJAIAH AGED ABOUT 48 YEARS DIRECTOR, BALLEKERE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, BELAKERE, KADUR TALUK, CHIKKAMANGALURU-577101 8. B.R. RAJAPPA S/O RAMACHANDRAPPA AGED ABOUT 55 YEARS DIRECTOR, BALLEKERE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, BELAKERE, KADUR TALUK, CHIKKAMANGALURU - 577 101 - 3 - HC-KAR NC: 2025:KHC:50173 WP No. 20358 of 2025 RESPONDENT NO.4 AND 5 REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT -1959) …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 & 2 SRI. A.M. MAHESHWARAPPA, ADVOCATE FOR R4 SRI. H.B. RUDRESH, ADVOCATE FOR R3 (ABSENT) R5, 6, 7 & 8 - SD/-) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 NOT TO APPROVE THE MEMBERSHIP OF THE NEWLY FORMED RESPONDENT NO.4 SOCIETY TILL THE ASSETS AND LIABILITIES OF THE RESPONDENT NO.5 SOCIETY IS DISTRIBUTED AMONG THE RESPONDENT NO.4 AND 5 SOCIETIES. 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 ORAL ORDER Petitioners being the members of respondent No.5 - Society are seeking to issue a writ in the nature of mandamus directing respondent No.3 not to approve the membership of newly formed respondent No.4 - Society till the assets and liabilities of respondent No.5 - Society is distributed amongst respondent Nos.4 and 5 and also to issue writ in the nature of - 4 - HC-KAR NC: 2025:KHC:50173 WP No. 20358 of 2025 mandamus directing respondent No.3 to consider the representation dated 13.05.2025 produced as per Annexure-D. 2. Heard Sri. Devi Prasad Shetty, learned counsel for the petitioners, Sri Yogesh D Naik, learned Additional Government Advocate for respondent Nos.1 and 2 and Sri. A M Maheshwarappa, learned counsel for respondent No.4. Perused the materials on record. 3. Learned counsel for the petitioners contended that without settling the dues from the members, they cannot be allowed to become the members of newly formed respondent No.4 - Society. Therefore, he seeks to allow the petition. 4. Per contra, respondent No.4 - Society of which the petitioners are the members made a candid submission that respondent No.6 has cleared all the loans towards respondent No.5 - Society and continued to be the member of respondent No.4 - Society. He also submitted that respondent Nos.7 and 8 have withdrawn their membership from respondent No.4 - Society by clearing all the dues and continued to be the members of respondent No.5 - Society. Learned counsel while - 5 - HC-KAR NC: 2025:KHC:50173 WP No. 20358 of 2025 filing the statement of objections produced various letters as Annexures- R1 to R4 in support of his contention. 5. Since learned counsel for respondent No.4 - Society has made candid submission before the Court by producing the documents, I do not find any justification for the petitioners to maintain the petition. 6. Hence, I proceed to the following: ORDER The petition is dismissed. In view of the dismissal of main petition, pending interlocutory application do not survive for consideration. Hence, interlocutory application is disposed off. Sd/- (M G UMA) JUDGE PNV CT:VS List No.: 1 Sl No.: 9