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2025 DAILYLAW 83127 (KAR)

GARAKAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD v. THE STATE OF KARNATAKA

WP/17706/2021 · 2025-11-04

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 17706 OF 2021 (CS-RES) C/W WRIT PETITION NO. 17678 OF 2021 (CS-RES) WP NO. 17706/2021 BETWEEN: 1. GARAKAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD GARAKAHALLI CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 138 BY ITS CHIEF EXECUTIVE SRI G M SHIVAKUMAR S/O MARIGOWDA AGED ABOUT 41 YEARS, 2. GARAKAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD GARAKAHALLI CHANNAPATNA TALUK RAMANAGARA DISTRICT-562138 BY ITS PRESIDENT SRI SHIVALINGAIAH S/O BETTEGOWDA AGED ABOUT 36 YEARS, …PETITIONERS (BY SRI. JAI PRAKASH REDDY .M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO- OPERATION M S BUILDING BANGALORE-560 001 2. BENGALURU CO OPERATIVE MILK UNION LTD, DR M H MARI GOWDA Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 ROAD, DAIRY CIRCLE BENGALURU-560029 BY ITS MANAGING DIRECTOR 3. GENERAL MANAGER (SHE THAM), BENGALURU CO -OPERATIVE MILK UNION LTD, DR M H MARI GOWDA ROAD, DAIRY CIRCLE BENGALURU-560029 4. NAGARAJU S/O BOREGOWDA AGED ABOUT 50 YEARS. 5. UMESH S/O KAVERIGOWDA AGED ABOUT 47 YEARS. 6. SIDDEGOEDA S/O BETTEGOWDA AGED ABOUT 48 YEARS. 7. SHANKAREGOWDA S/O MULLEGOWDA AGED ABOUT 53 YEARS. 8. RAMACHANDREGOWDA S/O CHIKKAPUTTEGOWDA AGED ABOUT 61 YEARS. 9. CHIKKATHYAMMA S/O UMESH AGED ABOUT 43 YEARS. 10. RAJU S/O MOOGEGOWDA AGED ABOUT 43 YEARS. 11. SAVITHRAMMA S/O KOLLEGOWDA AGED ABOUT 40 YEARS. 12. SUNDRAMMA W/O VISHAKANTEGOWDA AGED ABOUT 52 YEARS. - 3 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 13. RAMU S/O MUGEGOWDA AGED ABOUT 45 YEARS. 14. GOROJA W/O RAMACHANDREGOWDA AGED ABOUT 48 YEARS. 15. SHIVALINGAIAH S/O MARIGOWDA AGED ABOUT 48 YEARS. 16. MARIGOWDA S/O KARIGOWDA AGED ABOUT 69 YEARS. 17. MARIGOWDA S/O KARIGOWDA AGED ABOUT 59 YEARS. 18. DODDATHAYAMMA W/O MARIGOWDA AGED ABOUT 52 YEARS. 19. PUTTASWAMI S/O BETTEGOWDA AGED ABOUT 35 YEARS. 20. KENCHEGOWDA S/O HOTTECHANNEGOWDA AGED ABOUT 65 YEARS. 21. PUTTASWAMI GOWDA S/O KAVERIGOWDA AGED ABOUT 52 YEARS. 22. NANJAPPA S/O VISHAKANTEGOWDA AGED ABOUT 51 YEARS. 23. MADEGOWDA S/O BOREGOWDA AGED ABOUT 65 YEARS. - 4 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 24. CHIKHONU S/O ANKUGOWDA AGED ABOUT 68 YEARS. 25. PUTTASWAMY S/O CHANNEGOWDA AGED ABOUT 52 YEARS. 26. BETTEGOWDA S/O GORKEGOWDA AGED ABOUT 48 YEARS. 27. VISHAKANTEGOWDA S/O KAVERIGOWDA AGED ABOUT 57 YEARS. 28. PRATHIMA K W S/O PUTTASWAMY G S AGED ABOUT 30 YEARS. 29. SARASAMMA W/O MARIGOWDA AGED ABOUT 48 YEARS. 30. PUTTATHAYAMMA W/O BETTEGOWDA AGED ABOUT 47 YEARS. 31. GIRIYAMMA S/O SIDDEEGOWDA AGED ABOUT 43 YEARS. 32. GAJABEERAIAH S/O SANNAIAH AGED ABOUT 47 YEARS. 33. SUGUNAMMA W/O KARIYAPPA AGED ABOUT 58 YEARS. 34. SIDDEGOWDA S/O SIDDEGOWDA - 5 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 AGED ABOUT 64 YEARS. 35. NINGAMMA W/O SANNEGOWDA AGED ABOUT 72 YEARS. 36. THAYAMMA W/O KUNNEGOWDA AGED ABOUT 47 YEARS. 37. KUNNEGOWDA S/O CHIKKAPUTTEGOWDA AGED ABOUT 57 YEARS. 38. VINODAMMA W/O NARAYANA AGED ABOUT 58 YEARS. 39. SARIJAMMA W/O THAMANNA AGED ABOUT 58 YEARS. 40. RENUKAMMA W/O THAMANNA AGED ABOUT 58 YEARS. 41. VASANTHAMMA W/O KARIYAPPA AGED ABOUT 52 YEARS. 42. KARIYAPPA S/O CHIKKAPUTTEGOWDA AGED ABOUT 52 YEARS. 43. GOWRAMMA W/O CHIKKAKUNAIAH AGED ABOUT 43 YEARS. 44. CHIKKAKUNAIAH S/O CHIKKAPUTAIAH AGED ABOUT 59 YEARS. 45. MARISWAMY HEGGADE AGED ABOUT 54 YEARS. - 6 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 46. LAKSHMI W/O BORAPPA AGED ABOUT 44 YEARS. 47. BORAPPA S/O SANNEGOWDA AGED ABOUT 44 YEARS. 48. JAYALAKSHMAMMA W/O SHIVARAJU AGED ABOUT 38 YEARS. 49. SWAMY S/O APPAJI GOWDA AGED ABOUT 48 YEARS. 50. SAVITHA W/O SIDAPPA AGED ABOUT 46 YEARS. 51. SIDDAPPA S/O SANNEGOWDA AGED ABOUT 53 YEARS. 52. CHIKKAMMA W/O SIDDEGOWDA AGED ABOUT 51 YEARS. 53. LAKSHMI @ SUNDARAMMA W/O BORAPPA AGED ABOUT 38 YEARS. 54. THAYAMMA W/O SHIVARAJU AGED ABOUT 34 YEARS. 55. SHIVARAJU S/O APPAJIGOWDA AGED ABOUT 52 YEARS. 56. SHIVALINGAMMA S/O SHIVANNA AGED ABOUT 50 YEARS. - 7 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 57. NINGARAJU S/O SHIVANNA AGED ABOUT 50 YEARS. 58. RAMESH S/O LAE SIDDEGOWDA AGED ABOUT 52 YEARS. 59. SIDDAPPA S/O SIDDAPPA AGED ABOUT 59 YEARS. 60. SHASHIKALA W/O PUTTASWAMY GOWDA AGED ABOUT 66 YEARS. 61. GURUVANNA J S/O KUNTEGOWDA AGED ABOUT 51 YEARS. 62. MARISWAMY HEGGADE S/O LATE HUCHAIAH HEGDE AGED ABOUT 54 YEARS. 63. KULLEGOWDA S/O RAMACHANDRA AGED ABOUT 42 YEARS. 64. SIDDESHA S/O SHANKAREGOWDA AGED ABOUT 29 YEARS. 65. G S SIDDAPPA S/O SIDDEGOWDA AGED ABOUT 46 YEARS. 66. NATHEGOWDA C S S/O LATEPUTTEGOWDA AGED ABOUT 51 YEARS. 67. ANNAPURNAMMA W/O MARIGOWDA - 8 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 AGED ABOUT 45 YEARS. 68. RAVI S/O DODDAHYDEGOWDA AGED ABOUT 33 YEARS. 69. BASAVARAJU S S/O LATE SIDDAIAH AGED ABOUT 64 YEARS. 70. SHIVALINGAIAH S/O NINGAIAH AGED ABOUT 65 YEARS. 71. PUTTASWAMY S/O SABBALAIAH AGED ABOUT 57 YEARS. 72. SIDDAPPA G N S/O NARAYANA AGED ABOUT 31 YEARS. 73. PUTTASWAMY S/O LAE BORAIAH AGED ABOUT 59 YEARS. 74. DODDAMMA S/O LAE MARIGOWDA AGED ABOUT 59 YEARS. 75. RADHA W/O SHIVALINGAIAH G K AGED ABOUT 59 YEARS. 76. SHANKARAMMA W/O PUTTASWAMY AGED ABOUT 41 YEARS. 77. JAYALAKSHMAMMA W/O DODDAPUTTEGOWDA AGED ABOUT 63 YEARS. - 9 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 78. DODDAPUTTEGOWDA S/O LAE KENCHEGOWDA AGED ABOUT 75 YEARS. 79. MUNIGOWDA S/O LATE CHIKKAPUTTEGOWDA AGED ABOUT 50 YEARS. 80. SAKAMMA W/O NINGARAJU AGED ABOUT 61 YEARS. 81. MARIGOWDA S/O CHIKKAPUTTEGOWDA AGED ABOUT 60 YEARS. 82. JYOTHI W/O KULLEGOWDA AGED ABOUT 31 YEARS. 83. KULLEGOWDA S/O KENCHEGOWDA AGED ABOUT 72 YEARS. 84. PUTTATHAYAMMA W/O SHAMBUGOWDA AGED ABOUT 43 YEARS. 85. SHAMBUGOWDA S/O KENCHEGOWDA AGED ABOUT 52 YEARS. 86. SHOBA W/O GAJABERAIAH AGED ABOUT 44 YEARS. 87. SHIVARAJU S/O KARIYAPPA AGED ABOUT 36 YEARS. 88. SOWMYA W/O RAVI AGED ABOUT 32 YEARS. - 10 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 89. DINESH S/O APPAJIGOWDA AGED ABOUT 35 YEARS. RESPONDENTS 4 TO 89 ARE ALL PRIMARY MEMBERS, GARAKAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., GARAKAHALLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 138 …..RESPONDENTS (BY SMT. CHANDINI .S., HCGP FOR R1 SRI. B.L. SANJEEV, ADVOCATE FOR R2 & 3 SRI. H.N. BASAVARAJU, ADVOCATE FOR R4 TO R89) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 AND 3 TO PAY THE PENDING BILL OF THE PETITIONER NO.1 SOCIETY FROM 1.9.2021 AND ALL FUTURE BILLS WITHOUT ANY DELAY AND DIRECT THE R1 TO 3 TO PAY THE INCENTIVE WITHHELD BY R2 AT THE RATE OF FORTY FIVE PAISE PER LITER FROM THE YEAR 2014-15 WITH INTEREST TILL DATE OF PAYMENT AND ETC., IN WP NO. 17678/2021 BETWEEN: 1. MAREGOWDANADODDI MILK PRODUCERS CO OPERATIVE SOCIETY LTD, CHANNAPATNA TALUK, RAMANAGARA DISTRICT 562138, BY ITS CHIEF EXECUTIVE SRI SHIVASWAMY J S/O JAYANNA, AGED ABOUT 27 YEARS 2. SHIVAKUMAR H S/O HEDARI LINGAIAH, AGED ABOUT 42 YEARS, - 11 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 3. P KUMAR S/O PUTTASWAMY GOWDA, AGED ABOUT 40 YEARS, 4. PRAKASH S/O NANJUNDE GOWDA, AGED ABOUT 55 YEARS, 5. SURESH S/O HUCHEGOWDA, AGED ABOUT 50 YEARS, PETITIONERS 2 TO 5 ARE MEMBERS OF MAREGOWDANADODDI MILK PRODUCERS CO OPERATIVE SOCIETY LTD, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 138 …PETITIONERS (BY SRI. JAI PRAKASH REDDY .M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO OPERATION, M S BUILDING, BANGALORE 560001 2. BENGALURU CO OPERATIVE MILK UNION LTD, DR M H MARI GOWDA ROAD, DIARY CIRCLE, BENGALURU 560029, BY ITS MANAGING DIRECTOR 3. GENERAL MANAGER (SHE. THAM) BENGALURU CO OPERATIVE MILK UNION LTD., DR M H MARI GOWDA ROAD, DIARY CIRCLE, BENGALURU 560029 4. CHIKKASEEREGOWDA S/O ALEGOWDA AGED ABOUT 52 YEARS 5. CHANNEGOWDA S/O MALLEGOWDA AGED ABOUT 63 YEARS - 12 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 6. KARIGOWDA S/O ALEGOWDA AGED ABOUT 52 YEARS 7. SHIVALINGEGOWDA S/O KARIGOWDA AGED ABOUT 51 YEARS 8. H. MOTEGOWDA S/O HALEGOWDA AGED ABOUT 51 YEARS 9. MARISWAMY S/O KARICHIKKAIAH AGED ABOUT 36 YEARS 10. PAVADAIAH S/O CHIKKAIAH THAMMADASAIAH AGED ABOUT 58 YEARS 11. M MARISEERAIAH S/O MARISEEREGOWDA AGED ABOUT 47 YEARS 12. BORAIAH S/O BORAIAH AGED ABOUT 49 YEARS 13. ANANDA KUMAR S/O BILIGOWDA AGED ABOUT 37 YEARS 14. M T KUMAR S/O THIMEGOWDA AGED ABOUT 38 YEARS 15. RAVI S/O CHIKKARIGOWDA AGED ABOUT 37 YEARS 16. B MARISWAMY S/O BOREGOWDA - 13 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 AGED ABOUT 61 YEARS 17. MARISHIRAIAH S/O ALEGOWDA AGED ABOUT 58 YEARS 18. APPAJI M K S/O KADEGOWDA AGED ABOUT 39 YEARS 19. NAGESH T S S/O THIMMEGOWDA AGED ABOUT 36 YEARS 20. LOKESH M K S/O KARIGOWDA AGED ABOUT 43 YEARS 21. SIDDUREGOWDA S/O BOREGOWDA AGED ABOUT 56 YEARS 22. THIMEGOWDA M S S/O THIMEGOWDA AGED ABOUT 49 YEARS 23. RUDRAIAH S/O CHIKKANNA AGED ABOUT 63 YEARS 24. T. SACHIN GOWDA S/O T THIMEGOWDA AGED ABOUT 29 YEARS 25. NAGARAJU S/O CHIKKASIDAIAH AGED ABOUT 48 YEARS 26. SHEKAR T S/O THIPPAREGOWDA AGED ABOUT 36 YEARS - 14 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 27. KRISHNA C S/O THIPPAREGOWDA AGED ABOUT 36 YEARS 28. PUTTASWAMY S/O MARIDIMEGOWDA AGED ABOUT 58 YEARS 29. KEMPAJAMMA W/O CHANNEGOWDA AGED ABOUT 50 YEARS 30. INDIRAMMA W/O SHIVALINGE GOWDA AGED ABOUT 21 YEARS 31. CHIKKATHAYAMMA S/O PUTTARAMEGOWDA AGED ABOUT 58 YEARS 32. NAGARATHNAMMA W/O PUTTARAMEGOWDA AGED ABOUT 40 YEARS 33. KRISHNA S/O KADE GOWDA AGED ABOUT 41 YEARS 34. SIDDARAJAMMA W/O KRISHNA AGED ABOUT 37 YEARS 35. CHIKKALAKSHMI W/O CHIKKAWAMY AGED ABOUT 35 YEARS 36. MAHADEVAMMA W/O CHIKKAWAMY AGED ABOUT 30 YEARS 37. RADIKA W/O APPAJI AGED ABOUT 32 YEARS - 15 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 38. BORAMMA W/O KADEGOWDA AGED ABOUT 73 YEARS 39. GOWRAMMA W/O CHIKKATHAMAIAH AGED ABOUT 73 YEARS 40. CHIKKATHAMAIAH W/O JAVAREGOWDA AGED ABOUT 73 YEARS 41. RAJU M T S/O THIMEGOWDA AGED ABOUT 38 YEARS 42. H DIVYA W/O M T RAJU AGED ABOUT 32 YEARS 43. KRISHNEGOWDA S/O CHANDEGOWDA AGED ABOUT 52 YEARS 44. DEVAMMA W/O KRISHNEGOWDA AGED ABOUT 41 YEARS 45. RATHNAMMA W/O CHIKKASANNEGOWDA AGED ABOUT 44 YEARS 46. LATHA J W/O H MOTTEGOWDA AGED ABOUT 36 YEARS 47. SAVITHA K W/O KARIGOWDA AGED ABOUT 41 YEARS 48. RAMESH S/O VENKATEGOWDA - 16 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 AGED ABOUT 47 YEARS 49. CHINDEGOWDA S/O DASEGOWDA AGED ABOUT 74 YEARS 50. CHIKKATHAYAMMA W/O CHINDEGOWDA AGED ABOUT 66 YEARS 51. GIRIJAMMA W/O TIPREGOWDA AGED ABOUT 47 YEARS 52. SAVITHRI W/O PUTTASWAMY AGED ABOUT 38 YEARS 53. ROOPA S W/O LOKESH M K AGED ABOUT 34 YEARS 54. TIPREGOWDA S/O MADEGOWDA AGED ABOUT 51 YEARS 55. CHIKKASWAMY W/O MARILINGE GOWDA AGED ABOUT 36 YEARS 56. MINAKSHI W/O MARISURAIAH AGED ABOUT 36 YEARS 57. KEMPAMMA W/O MARISURAIAH AGED ABOUT 36 YEARS 58. SHEWTHA W/O RAMESH T AGED ABOUT 27 YEARS - 17 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 59. THIMMEGOWDA S/O KOTHEGOWDA AGED ABOUT 68 YEARS 60. THIMEGOWDA S/O JAVAREGOWDA AGED ABOUT 69 YEARS 61. MANJU S/O CHIKKA KARIGOWDA AGED ABOUT 32 YEARS 62. SANNAMMA W/O THIMMEGOWDA AGED ABOUT 66 YEARS 63. NARAYANAGOWDA S/O DASEGOWDA AGED ABOUT 58 YEARS 64. THIMEGOWDA S/O THIMEGOWDA AGED ABOUT 37 YEARS 65. BELLIGOWDA S/O LATE BUJAGEGOWDA AGED ABOUT 73 YEARS 66. NEELAMMA W/O CHINNASWAMY AGED ABOUT 38 YEARS 67. MALLESH M S/O MAREGOWDA AGED ABOUT 35 YEARS 68. MANGALAMMA W/O CHIKKTHIMAIAH AGED ABOUT 51 YEARS 69. KAMALAMMA W/O KARIGOWDA AGED ABOUT 77 YEARS - 18 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 70. RAJEGOWDA M T S/O KARIGOWDA AGED ABOUT 46 YEARS 71. REKHA T W/O NAVEEN P AGED ABOUT 33 YEARS 72. HEMA W/O M T RAJEGOWDA AGED ABOUT 36 YEARS RESPONDENTS 4 TO 72 ARE THE PRIMARY MEMBERS OF MAREGOWDANADODDI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MAREGOWDANADODDI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 138 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED BY ANY RESPONDENT) …..RESPONDENTS (BY SMT. CHANDINI .S., HCGP FOR R1 SRI. B.L. SANJEEV, ADVOCATE FOR R2 & 3 SRI. H.N. BASAVARAJU, ADVOCATE FOR R4 TO R72) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.09.2021 VIDE ANNEXURE-B PASSED BY R3 AND DIRECT THE R2 AND 3 TO PAY THE PENDING BILL OF THE PETITIONER NO.1 SOCIETY FROM 1.9.2021 AND ALL FUTURE BILLS WITHOUT ANY DELAY AND DIRECT THE R1 TO 3 TO PAY THE INCENTIVE WITHHELD BY THE R2 T THE RATE OF FORTY FIVE PAISE PER LITER FROM THE YEAR 2014-15 WITH INTEREST TILL DATE OF PAYMENT AND ETC., THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 19 - HC-KAR NC: 2025:KHC:44538 WP No. 17706 of 2021 C/W WP No. 17678 of 2021 CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Learned counsel for the petitioners has filed a memo dated 04.11.2025 reporting that the petition has rendered infructuous. 2. Memo is placed on record. 3. Accordingly, the writ petition is dismissed for having rendered infructuous. SD/- (M G UMA) JUDGE PNV CT:VS List No.: 2 Sl No.: 19