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2025 DAILYLAW 78189 (KAR)

SRI PANCHAKSHARI v. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES

WP/36662/2025 · 2025-12-04

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50861 WP No. 36662 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 36662 OF 2025 (CS-RES) BETWEEN: SRI. PANCHAKSHARI, S/O SHIVABASAPPA, AGED ABOUT 53 YEARS R/AT CHOWDENHALLI VILLAGE, THORENAAVINAHALLI POST, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227 …PETITIONER (BY SRI. VARUN J. PATIL, ADVOCATE) AND: 1. THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES 2ND FLOOR, MINI VIDHAN SOUDHA, TUMKUR - 572 101 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, B TIPTUR SUB DIVISION, TIPTUR TALUK TUMKUR DISTRICT - 572 201 3. SMT. J SUSHEELAMMA, W/O T.S. KUMARSWAMY AGED ABOUT 50 YEARS, R/AT THOREMAVINAHALLI POST, TUEUVEKERE TALUK, TUMKUR DISTRICT - 572 227. 4. SRI. M.S. VIJAYA KUMAR S/O SHIVANNA MJAPPA, AGED ABOUT 45 YEARS, Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50861 WP No. 36662 of 2025 R/AT N. NLAVANAHALLI, NEERAGUNDA POST, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227. 5. B.J. DAYANANDA S/O JAGADEESH, AGED ABOUT 52 YEARS R/AT BLSUVANAHALLI ANEKERE POST, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227. 6. SRI. L.A. MANJUNATH, S/O ALLEGOWDA, AGED ABOUT 60 YEARS, R/AT LOKA MNANA HALLI VILLAGE, THOREMAVANAHALLI POST, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227. 7. SRI. T.S. KUMARASWAMY, S/O SIDDAPPA, AGED ABOUT 52 YEARS, R/AT THOREMUVINAHALLI POST, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227 8. SRI. OMKARAMURTHY, S/O SADASHIVAIAH, AGED ABOUT 45 YEARS, R/AT N. MAVINAHALLI VILLAGE, NEERAGUNDA POST, TURUVEKERE TALUK, TUMKUR DISTRICT-572227. 9. SRI. T.M. ASHOK KUMAR, S/O MALLIKARJUNAIAH, AGED ABOUT 45 YEARS, R/AT THOREMAVINAHALLI POST, TURUVEKERE TALUK TUMKUR DISTRICT - 572 227. 10. SMT. N. KAVYA, - 3 - HC-KAR NC: 2025:KHC:50861 WP No. 36662 of 2025 W/O PUNEETH, AGED ABOUT 40 YEARS, R/AT N. GANGANAHALLI, NEERAGUNDA POST, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227. 11. SRI. SHIVARUDRAPPA S/O SHIVANNA, AGED ABOUT 55 YEARS, R/AT BHUVANAHALLI PLAYA, ANEKERE POST, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227. 12. SRI. M. DAYANANDA S/O MAHADEVAIAH, AGED ABOUT 40 YEARS, R/AT MANTRIKENAHALLI, GOLLARAHATTI, THOREMAVANAHALLI POST TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227. 13. SRI. M.G. LOKESHA S/O GOVINDARAJU, AGED ABOUT 50 YEARS, R/AT N. NAVINAHALLI, NEERAGUNDA POST, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227 14. SRI. HARSHA, SUPERVISOR, DCC BANK TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227. 15. THE CHIEF EXECUTIVE OFFICER. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY, THOREMAVANAHALLI POST, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227 …RESPONDENTS (BY SRI. M.N. MADHUSUDHAN, ADVOCATE FOR C/R4, R9 & 15 - 4 - HC-KAR NC: 2025:KHC:50861 WP No. 36662 of 2025 SRI. YOGESH D. NAIK, AGA FOR R1 & 2 R3, 5-8, 10-14 - D/W V/O DT. 4/12/25) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DTD 11.11.2025 BEARING NO. SANI34/29(C)/05/2025-26 PASSED B THE R-2 VIDE ANX-C AND DIRECTING THE R-1 TO CONSIDER THE STATUTORY APPEAL FILED BY THE PETITIONER AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioner being the Director of respondent No.15 - Society has approached this Court seeking issuance of writ in the nature of certiorari to quash the order No.SANI34/29(C)/05/2025-26 dated 11.11.2025 passed by respondent No.2 produced as per Annexure-C and also to direct respondent No.1 to consider the statutory appeal filed by the petitioner. 2. Heard Sri. Varun J Patil, learned counsel for the petitioner, Sri. M N. Madhusudhan, learned caveator for respondent Nos.4, 9 and 15 and Sri. Yogesh D Naik, learned - 5 - HC-KAR NC: 2025:KHC:50861 WP No. 36662 of 2025 Additional Government Advocate for respondent Nos.1 and 2. Perused the materials on record. 3. It is the contention of the petitioner that Section 29-C proceedings was initiated by respondent No.2 against the petitioner. The same was challenged before respondent No.1, which is pending consideration. In the meantime, the petitioner has sought for stay of Annexure-C by filing the application. Respondent No.1 neither considered the said application nor passed any order. Therefore, the petitioner was forced to approach this Court. 4. Even though, several grounds are made out for quashing the order dated 11.11.2025 passed by respondent No.2 produced as per Annexure-C, admittedly, the appeal is pending before respondent No.1. Under such circumstances, I do not find any reason to express any opinion about the same. The only grievance raised by the petitioner is that his prayer for passing the interim order of stay of Annexure-C is not being considered by respondent No.1. I do not find any justification for respondent No.1 to keep the application pending without considering the same. Hence, respondent No.1 is directed to - 6 - HC-KAR NC: 2025:KHC:50861 WP No. 36662 of 2025 consider the application filed by the petitioner seeking the interim order of stay of the order dated 11.11.2025 passed by respondent No.2 and pass appropriate orders forthwith and also consider the appeal on merits expeditiously. 5. With the above said observations, the writ petition stands disposed off. Sd/- (M G UMA) JUDGE PNV CT:VS List No.: 2 Sl No.: 7