- 1 - HC-KAR NC: 2025:KHC:40250 WP No. 13208 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 13208 OF 2024 (CS-RES) BETWEEN: SRI. K. JAI KUMAR, S/O. SRI. S. KRISHNAPPA, AGED ABOUT 59 YEARS, R/AT. KUMARA GARDEN SUPPLIES, 3RD CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU - 560 011 …PETITIONER (BY SRI. GANAPATHY BHAT, ADVOCATE) AND: 1. THE SECRETARY THE NURSERYMEN CO-OPERATIVE SOCIETY LIMITED, THE SOCIETY REGISTERED UNDER SECTION 7 OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, REGISTER NO.1997/RCS/1964, REGISTERED OFFICE AT LALBAGH, K.H. ROAD, BENGALURU - 560 027 2. THE PRESIDENT THE NURSERYMEN CO-OPERATIVE SOCIETY LIMITED, THE SOCIETY REGISTERED UNDER SECTION 7 OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, REGISTER NO.1997/RCS/1964, REGISTERED OFFICE AT LALBAGH, K.H ROAD, BENGALURU - 560 027 3. THE ADDITIONAL REGISTRAR CO-OPERATIVE SOCIETIES Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40250 WP No. 13208 of 2024 NO.1, ALI ASKAR ROAD, BENGALURU - 560 001 …RESPONDENTS (BY SRI. VASAGI .R., ADVOCATE FOR R1 & R2 SRI. YOGESH D. NAIK, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 19.07.2019 IN COP.APPEAL NO. 484/2013 PASSED BY THE KARNATAKA APPELLANT TRIBUNAL, AT BENGALURU AS PER ANNEXURE-P AND CONSEQUENTLY QUASH THE IMPUGNED ORDER DTD 16.09.2013 IN A.NI(V.E)NO.D-2/DIS/02/2012-13, PASSED BY THE R-3 AS PER ANNEXURE-M AND QUASH THE IMPUGNED ORDER DTD 19.06.2009, BEARING SL. NO. N.C.S/130/2009-10 PASSED BY THE R-1 SOCIETY FOR REMOVING THE PETITIONER FROM THE MEMBERSHIP FROM THE R-1 SOCIETY, AS PER ANNEXURE-H AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Learned counsel for the petitioner and respondent No.1 submit in unison that as per the directions by this Court vide order dated 12.09.2025, the petitioner has produced certain documents before respondent No.1. He will have to take a decisions on the same strictly in accordance with law by following the bye-laws that are applicable to the facts of the - 3 - HC-KAR NC: 2025:KHC:40250 WP No. 13208 of 2024 case either by the Board or by the administrator appointed by the Government. 2. Learned Additional Government Advocate for respondent No.3 has no objections for the same. These submissions are placed on record. 3. In view of the above, I deem it appropriate to dispose of the writ petition by quashing the impugned order at Annexures - M and H and directing respondent No.1 to take necessary decision in accordance with law by following the bye- laws that are applicable to the facts of the case either by the Board or by the administrator, appointed by the Government, at the earliest, atleast within three weeks from today. 4. Accordingly, I proceed to pass the following: ORDER (i) Writ petition is allowed. (ii) The order dated 19.07.2019 in Cop.Appeal No.484/2013 passed by the Karnataka Appellate Tribunal, Bengaluru as per Annexure - P; the order dated 16.09.2013 in A.NI (V:E) No.D-2/DIS/02/2012-13, passed by respondent No.3 as per Annexure - M and the order dated 19.06.2009 bearing Sl.No.N.C.S/130/2009-10 passed by - 4 - HC-KAR NC: 2025:KHC:40250 WP No. 13208 of 2024 respondent No.1 - Society for removing the petitioner from the membership from respondent No.1- Society as per Annexure - H, are hereby quashed. (iii) Respondent No.1 is directed to take necessary decision in accordance with law by following the bye-laws that are applicable to the facts of the case either by the Board or by the administrator, appointed by the Government, at the earliest, atleast within three weeks from today. Sd/- (M G UMA) JUDGE BH CT:VS List No.: 1 Sl No.: 6