- 1 - NC: 2025:KHC-D:132 WP No. 107742 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107742 OF 2024 (CS-RES) BETWEEN: SHARANAPPA S/O. RAMAPPA HANDI, (S .R. HANDI) AGE: 58 YEARS, OCC: NOW NIL, R/O: GUDUR, TAL: HUNGUND, DIST: BAGALKOT. …PETITIONER (BY SRI S. C. HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, VIKAS SOUDHA, BENGALURU – 560 001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DISTRICT ADMINISTRATIVE BUILDING, NAVANAGAR, BAGALKOT – 587 101. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, DISTRICT ADMINISTRATIVE BUILDING, NAVANAGAR, BAGALKOT – 587 101. 4. THE ENQUIRY OFFICER CUM SALE OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:132 WP No. 107742 of 2024 DISTRICT ADMINISTRATIVE BUILDING, NAVANAGAR, BAGALKOT – 587 101. 5. PRATHIMIKA KRISHI PATTINA SAHAKARI SANGHA, LTD., GUDUR RC REPTD. BY ITS SECRETARY/CEO TAL: ILKALA DIST: BAGALKOT – 587 121. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 09-09-2024 PASSED BY THE RESPONDENT NO.3 BEARING AR-6/SEC. 65(B)/PKPS GUDUR/CR/-2024-25 PASSED UNDER SECTION 68 OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, A COPY OF WHICH IS PRODUCED AS PER ANNEXURE-C IN THE INTEREST OF JUSTICE. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ENQUIRY REPORT MADE BY THE RESPONDENT NO.4, A COPY OF WHICH IS PRODUCED AS PER ANNEXURE-D WITHOUT GIVING OPPORTUNITY TO THE PETITIONER TO DEFEND HIS CASE. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4, NOT TO INITIATE CRIMINAL ACTION ON THE BASIS OF THE LETTER DATED 04-12-2024 A COPY OF WHICH IS PRODUCED HEREIN AS PER ANNEXURE-E AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:132 WP No. 107742 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking for the following reliefs: “A) Issue a Writ in the nature of Certiorari quashing the impugned order dated 09-09- 2024 passed by the Respondent No.3 bearing AR-6/Sec. 65(B)/PKPS Gudur/CR/-2024-25 passed under section 68 of the Karnataka Co- Operative Societies Act 1959, a copy of which is produced as per annexure-c in the interest of justice; B) Issue a Writ in the nature of certiorari quashing the Enquiry Report made by the Respondent No.4, a copy of which is produced as per Annexure-D without giving opportunity to the petitioner to defend his case. C) Issue a Writ in the nature of Mandamus directing the Respondent no.4, not to initiate criminal action on the basis of the letter dated 04-12-2024 a copy of which is produced herein As Per Annexure-E; D) Any appropriate Writ/Order or direction as deemed fit and proper be issued.” - 4 - NC: 2025:KHC-D:132 WP No. 107742 of 2024 2. Learned HCGP would submit the petitioner has an alternative and efficacious remedy of filing an appeal under section 106(h) of the Co-operative Societies Act. 3. Learned counsel appearing for the petitioner submits that, the order dated 04.12.2024 stares at his liberty as direction is granted to initiate criminal proceedings and if protective orders are not passed, the time would be registered immediately on dismissal of the petition 4. In that light I deem it appropriate to direct the respondent - State not to take any precipitative action against the petitioner for a period of two weeks. The petitioner is at liberty to avail the remedy of filing an appeal within the next two weeks from the date of receipt of a copy of this order. 5. In the event the petitioner would not avail the remedy of filing an appeal within the next two weeks as - 5 - NC: 2025:KHC-D:132 WP No. 107742 of 2024 observed hereinabove, the interim protection granted supra would automatically vanish. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 13