- 1 - HC-KAR NC: 2025:KHC-D:12035-DB WA No. 100548 of 2025 C/W WA No. 100547 of 2025 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO. 100548 OF 2025 (CS-RES) C/W WRIT APPEAL NO. 100547 OF 2025 (GM-KSR), WRIT APPEAL NO. 100553 OF 2025 (CS-RES), WRIT APPEAL NO. 100554 OF 2025 (CS-RES) IN WA NO. 100548/2025 BETWEEN: HARSHAVARDHAN R PATAVARDHAN AGE. 55 YEARS, OCC. ADVOCATE/AGRICULTURE & CHIEF PROMOTER OF PKPS-02, CHIEF PROMOTER, PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, ASANGI 02, A/P ASANGI 587311, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOTE. …APPELLANT (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, BENGLURU 560001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU 560001. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BAGALKOTE, DIST. BAGALKOTE 587101. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:12035-DB WA No. 100548 of 2025 C/W WA No. 100547 of 2025 AND 2 OTHERS JAMKHANDI, DIST. BAGALKOTE 587301. 5. PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, ASANGI, R/BY ITS PRESIDENT, BABAGOUDA S/O MADIGOUDA PATIL, AGE. 54 YEARS, OCC. AGRICULTURE, R/O ASANGI, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOTE 587311. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 TO R4; SRI. SHRIHARSH A. NEELOPANT, ADVOCATE FOR C/R5) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE APPEAL AND SET-ASIDE THE IMPUGNED ORDER DATED 29.07.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.106068/2024 (CS RES) AND TO HEAR THE WRIT PETITION REGARDING LOCUS STANDI TO FILE WRIT PETITION AND MAINTAINABILITY OF THE WRIT PETITION NO.106068/2024 FILED BY THE RESPONDENT NO.5 & ETC. IN WA NO. 100547/2025 BETWEEN: NILESH S/O JAKKAPPA DESAI AGE. 50 YEARS, OCC. AGRICULTURE & CHIEF PROMOTER OF PKPS, HANAGANDI-02, CHIEF PROMOTER, PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, HANAGANDI-02 R/O HANAGANDI, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOTE 587315. ...APPELLANT (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, BY ITS PRINCIPAL SECRETARY, M.S.BUILDING, BENGLURU 560001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALRUU 560001. - 3 - HC-KAR NC: 2025:KHC-D:12035-DB WA No. 100548 of 2025 C/W WA No. 100547 of 2025 AND 2 OTHERS 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BAGALKOTE, DIST. BAGALKOTE 587101. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, JAMKHANDI, DIST. BAGALKOTE 587301. 5. PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, HANAGANDI, R/BY ITS PRESIDENT, ALLAPPA S/O LAXMAN ARENAD AGE. 67 YEARS, OCC. AGRICULTURE, R/O HANAGANDI, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT 587315. ...RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 TO R4; SRI. SHRIHARSH A. NEELOPANT, ADVOCATE FOR C/R5) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE APPEAL AND SET- ASIDE THE IMPUGNED ORDER DATED 29.07.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.106069/2024 (GM-KSR) AND TO HEAR THE WRIT PETITION REGARDING LOCUS STANDI TO FILE WRIT PETITION AND MAINTAINABILITY OF THE WRIT PETITION NO.106069/2024 FILED BY THE RESPONDENT NO.5 & ETC. IN WA NO. 100553/2025 BETWEEN: MAHADEV S/O SANGAPPA YALAGON AGE. 44 YEARS, OCC. AGRICULTURE, CHIEF PROMOTER, PROPOSED PRATHMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, HIPPARAGI, AT. HIPPARAGI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT 587311. ... APPELLANT (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATION, R/BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, BENGALURU 560001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KARNATAKA, - 4 - HC-KAR NC: 2025:KHC-D:12035-DB WA No. 100548 of 2025 C/W WA No. 100547 of 2025 AND 2 OTHERS NO.1, ALI ASKAR ROAD, BENGALURU 560001. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BAGALKOT AT BAGALKOT, DIST. BAGALKOT 587101. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, JAMAKHANDI, DIST. BAGALKOT 587301. 5. PRATHMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, HIPPARAGI, R/BY ITS PRESIDENT, SANGAPPA S/O PARAPPA PAIGUN, AGE. 56 YEARS, OCC. AGRICULTURE, R/O HIPPARAGI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT 587311. ...RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 TO R4; SRI. SHRIHARSH A. NEELOPANT, ADVOCATE FOR C/R5) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE THE ORDER DATED 29/7/2025 WP 106070/2024 (CS-RES) PASSED BY THE LEARNED SINGLE JUDGE AND TO HEAR THE WRIT PETITION REGARDING LOCUS STANDI TO FILE WRIT PETITION AND MAINTAINABILITY OF WRIT PETITION NO.106070/2024 AND DISMISS THE WRIT PETITION IN ITS ENTIRETY BY ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY & ETC. IN WA NO. 100554/2025 BETWEEN: BHARAMAPPA S/O. CHINAPPA ULLAGADI AGE. 44 YEARS, OCC. AGRICULTURE, CHIEF PROMOTER, PROPOSED PRATHMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, SASALATTI, AT. SASALATTI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587315. ...APPELLANT (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) - 5 - HC-KAR NC: 2025:KHC-D:12035-DB WA No. 100548 of 2025 C/W WA No. 100547 of 2025 AND 2 OTHERS AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, R/BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, BENGALURU-560001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KARNATAKA, NO.1 ALI ASKAR ROAD, BENGALURU-560001. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BAGALKOT, AT BAGALKOT, DIST. BAGALKOT-587101. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, JAMAKHANDI, DIST. BAGALKOT-587301. 5. PRATHMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, SASALATTI, R/BY ITS PRESIDENT, GURUBASU HUKKERI, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. H.NO. SASALATTI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587315. ...RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 TO R4; SRI. SHRIHARSH A. NEELOPANT, ADVOCATE FOR C/R5) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE THE ORDER DATED 29/7/2025 PASSED BY THE LEARNED SINGLE JUDGE AND TO HEAR THE WRIT PETITION REGARDING LOCUS STANDI TO FILE WRIT PETITION AND MAINTAINABILITY OF THE WRIT PETITION NO.106071/2024 AND DISMISS THE WRIT PETITION IN ITS ENTIRETY BY ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THESE WRIT APPEALS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 6 - HC-KAR NC: 2025:KHC-D:12035-DB WA No. 100548 of 2025 C/W WA No. 100547 of 2025 AND 2 OTHERS ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) In all these writ appeals, the respondents in the writ proceedings have assailed the order passed by the learned Single Judge on 29.07.2025, whereby the Court has directed that the matter having been referred to Full Bench will have to be kept pending and to be listed after disposal of the reference proceedings before the Full Bench in WP No.138951/2020. The order dated 29.07.2025, which is impugned in all these writ appeals, is extracted below: “Sri.Shivaraj P Mudhol, counsel who appears for the chief promoters of the new co-operative society sought to be formed contended that though the matter has been referred to the Full Bench, this Court has to consider the locus of the petitioner as also the fact that there is a registration which has been permitted by the Registrar and collection of share amount money. A perusal of the papers indicates that the chief promoters and the new co-operative society proposed to be formed, do not comply with the guidelines which have been issued by the State Government on 12.05.2017. In that view of the matter, if the guidelines have not been complied with, the Registrar would not have the power to over right the guidelines which have been issued by the State Government, more so, when the guidelines have not been challenged by the chief promoters where the new society proposed to be formed. Hence, this Court having already issued Rule and granted an order of stay, awaiting the final outcome of the decision of the Full Bench in WP No.138951/2020 registry is directed to relist the matter after the Full Bench answers the reference in WP No.138951/2020. The Additional Registrar (Judicial) is directed to verify - 7 - HC-KAR NC: 2025:KHC-D:12035-DB WA No. 100548 of 2025 C/W WA No. 100547 of 2025 AND 2 OTHERS the status of the reference and place a report on the file of this Court.” 2. The case of the appellant herein is that the Court while affirming the earlier order of stay, had directed that the matter could have to await final outcome of the proceedings before the Full Bench. It is submitted that the aspect relating to locus raised by the appellant herein, who was respondent in the writ proceedings, by filing statement of objections requires to be adjudicated at the outset as a preliminary point. 3. It is the case of the respondents in the writ proceedings that the writ petition filed through the President of the Society is not maintainable and the proceedings ought to have been initiated by the Chief Executive Officer, who would be the Chief Administrative Officer of the Society. 4. Learned counsel appearing for the petitioner in the writ proceedings submits that the application was filed to implead the Secretary and that had taken care of the objections raised by the respondents in the writ proceedings and it is only thereafter, the order dated 29.07.2025 was passed. 5. After hearing both sides, it must be noticed that aspect of jurisdiction would go to the root of the matter. - 8 - HC-KAR NC: 2025:KHC-D:12035-DB WA No. 100548 of 2025 C/W WA No. 100547 of 2025 AND 2 OTHERS Though rule has been issued, the learned Single Judge may consider the objections raised regarding locus standi, while also taking note of the application stated to have been filed by a person, who is entitled to represent the Society and would take care of the objections raised by the respondent (appellant in present proceedings) in the writ proceedings. 6. With the above observation, the above writ appeals stand disposed off. All contentions are kept open. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE JTR, CT:VP LIST NO.: 1 SL NO.: 27