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2025 DAILYLAW 81202 (KAR)

SRI. SAMPATH v. ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETY

WP/13704/2025 · 2025-09-12

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36510 WP No. 13704 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 13704 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. SAMPATH S/O B.N. CHINNAMALU AGE: 55 YEARS, 2. K. SANDIL KUMAR S/O LATE KRISHNAN AGED ABOUT 45 YEARS 3. SMT. RAJATHI W/O CHINNASWAMY AGED ABOUT 45 YEARS ALL ARE R/O LOKKANAHALLI, HANUR TALUK CHAMARAJANAGARA DIST - 571440 …PETITIONERS (BY SRI. M.R.RAJAGOPAL, SENIOR ADVOCATE FOR SRI. BASAVARAJU H.N., ADVOCATE) AND: 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY SPS BUILDING, CHAMARAJANAGARA CHAMARAJANAGARA 2. SRI. THYAGARAJ PRASAD RETURNING OFFICER LOKKANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY HANUR TALUK CHAMARAJANAGARA DIST - 571440 REG. UNDER CO-OP SOCIETY ACT Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36510 WP No. 13704 of 2025 3. LOKKANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY HANUR TALUK CHAMARAJANAGAR DIST - 571440 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 4. SRI. S. NAGESH SUPERINTENDENT OFFICER OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY CHAMARAJANAGARA SUB-DIVISION CHAMARAJANAGARA 5. SMT. JYOTHI COMPUTER OPERATOR ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE CHAMARAJANAGARA SUB DIVISION CHAMARAJANAGARA-571313. 6. KUMARSWAMI S/O MALLANNAGOWDAR AGE 68 YEARS 7. VELUSWAMI S/O PALANIYAPPAGOWDAR AGE 60 YEARS 8. MARAMMA W/O NAGASHETTY AGE 70 YEARS 9. SHIVAPPA S/O BORAYYA AGE: 68 YEARS 10. RATHNASWAMI S/O K. MADEGOWDAR AGE: 47 YEARS 11. MAILUSWAMY S/O RAMASWAMY GOUNDER AGE: 59 YEARS - 3 - HC-KAR NC: 2025:KHC:36510 WP No. 13704 of 2025 12. S. SHIVAKUMAR S/O LATE SHANMUGAM AGE: 46 YEARS 13. NATARAJU S/O MADHEGOWDAR AGE: 59 YEARS 14. SIDDEGOWDA S/O SIDDEGOWDA AGE: 61 YEARS 15. VELLANAGIRI S/O RAMASWAMY BOVI AGE: 47 YEARS 16. BHOGHA NAYAKA S/O POOJA NAYAKA AGE: 65 YEARS 17. C.N. VELUSWAMY S/O LATE C.M. SANGEGOWDA AGE: 60 YEARS 18. N. CHINNADORE S/O K. NANJANDEGOWDAR AGE: 67 YEARS 19. P. MANI W/O N.K. NATARAJU AGE: 47 YEARS RESPONDENTS NO.6 TO 19 ALL ARE RESIDENTIAL AT LOKKANAHALLI, HANUR TALUK CHAMRAJANAGARA DIST.-571440 …RESPONDENTS (BY SRI. HARISHA A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2; SRI. SHREYAS, ADVOCATE FOR RESPONDENT NO.3; SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI. S. AMRUTH CHOWDHARY, ADVOCATE FOR RESPONDENT NOS.6 TO 10 - 4 - HC-KAR NC: 2025:KHC:36510 WP No. 13704 of 2025 NOTICE SERVED ON RESPONDENT NOS.4 AND 5; VIDE ORDER DATED 11.07.2025, NOTICE TO RESPONDENT NOS.11 TO 19 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE 1ST RESPONDENT DATED 11.03.2025 PASSED IN DISPUTE NO.3 OF 2023-24 AS PER ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged an order passed in Dispute No.3/2023-24 dated 11.03.2025 passed by the respondent No.1. 2. Upon hearing the learned senior counsel for the petitioners, this Court suggested to the learned senior counsel for the petitioners that the petitioners have an efficacious and an alternative remedy of a revision before the tribunal under Section 107 of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as 'Act, 1959' for short). - 5 - HC-KAR NC: 2025:KHC:36510 WP No. 13704 of 2025 3. The learned Senior counsel for the respondent Nos.6 to 10 also reiterated the above and submitted that the petitioners have an efficacious and an alternative remedy of a revision before the tribunal. 4. The learned senior counsel for the petitioners did not dispute this contention that the petitioners have a very good case on merits which cannot be adjudicated upon by this Court. 5. In view of the fact that the petitioners have an efficacious and an alternative remedy of revision before the tribunal, it is not appropriate for this Court to interfere with the impugned order. 6. In that view of the matter, this writ petition is disposed off directing the petitioners to approach the tribunal under Section 107 of the Act, 1959 if they are so advised. 7. Interim order granted earlier is extended for a period of 15 days from today, within which time, the revision petition shall be filed before the tribunal. - 6 - HC-KAR NC: 2025:KHC:36510 WP No. 13704 of 2025 8. The tribunal may consider the application if any filed by the petitioner for interim stay in accordance with law. 9. In view of disposal of main petition, pending interlocutory applications if any, do not survive for consideration and the same stand rejected. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 12 - 7 - HC-KAR NC: 2025:KHC:36510 WP No. 13704 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SRI. SAMPATH AND OTHERS VS. ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETY AND OTHERS] 26.09.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER ON I.A.NO.3/2025 I.A.No.3/2025 is filed by the learned Senior counsel for the petitioners seeking extension of interim protection which was granted while disposing off this writ petition. It is stated that the petitioner has filed a revision before the Tribunal and that the Tribunal has considered the interim application for interim relief and posted the matter for orders on 30.09.2025. In view of the above, I.A.No.3/2025 is allowed and the interim protection granted by this Court on 12.09.2025 is extended till 01.10.2025. This order shall be read in conjunction with the order dated 12.09.2025. Sd/- (R. NATARAJ) JUDGE HJ/List No.: 1 Sl No.: 10