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2025 DAILYLAW 84535 (KAR)

SHRI KALMESH SHIVAPPAAMMANAGI v. THE STATE OF KARNATAKA

WP/102617/2025 · 2025-08-20

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10556 WP No. 102617 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102617 OF 2025 (CS-RES) BETWEEN: SHRI KALMESH SHIVAPPA AMMANAGI AGE: 42 YEARS, OCC. AGRICUTLURE, R/O HULLOLLIHATTI, TQ. HUKKERI, DIST. BELAGAVI-591305. …PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SECRETARY FOR CO-OPERATIVE SOCIETY, VIDHANASOUDHA, AMBEDKAR BHEEDHI, BENGALURU-560001. 2. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES, SHIVAJI COLONY, BELAGAVI-590006. 3. THE SUPERINDENT OF POLICE, BELAGAVI, DIST. BELAGAVI-590016. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKARA ADALITA BHAVAN, JAKKERI HONDA, BELAGAVI-590001. 5. SHRI SIDDAPPA S/O. BHIMAPPA CHOUGALA, AGE: 43 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 6. SHRI KASHAVVA SHRIMANTH KURUBAR Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10556 WP No. 102617 of 2025 AGE: 24 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 7. SMT. BAGAVVA SHRIMATH KURUBAR AGE: 56 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309 8. SHRI SHIVALING S/O. SHANKAR ANKALI, AGE: 36 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 9. SHRI MAHESH S/O. BASAPPA HALEGOUDAR, AGE: 30 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 10. SHRI BASAPPA S/O. BALAPPA HALEGOUDAR, AGE: 62 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 11. SHRI GANGUBAI KALLAPPA CHIGARI AGE: 51 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 12. SHRI RAVINDRA VIRUPAKSHI BALOJI AGE: 30 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 13. ROOPALI S/O. SIDDAPPA CHOUGALA, AGE: 33 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 14. SHRI UMESH VIRUPAKSHI BALOJI AGE: 32 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 15. PARAVATI RAJENDRA CHIGARI - 3 - HC-KAR NC: 2025:KHC-D:10556 WP No. 102617 of 2025 AGE: 31 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 16. SMT. BHIMAVVA SHIRIMANTH KUMAR AGE: 22 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 17. SHRI AKASH S/O. BASAVARAJ ANKALI AGE: MINOR, OCC. STUDENT, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309, (SINCE MINOR REPRESENTED BY RESPONDENT NO. 18) 18. SHRI BASAVARAJ BALAPPA ANKALI AGE: MAJOR, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 19. SHRI SHRIMANTH LAXMAN KURANI AGE: 61 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 20. KU. DRAKSHAYANI D/O. BASAPPA MARABASANNAVAR, AGE: 17 YEARS, OCC. STUDENT R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. 21. KU. ASHWINI D/O. BASAVARAJ MARABASANNAVAR, AGE: 14 YEARS, OCC. STUDENT, R/O AVARAGOAL, TQ. HUKKERI, DIST. BELAGAVI-591309. (SINCE RESPONDENTS NO. 20 AND 21 ARE MINORS THEY ARE REPRESENTED BY RESPONDENT NO. 22.) 22. SHRI. BASAPPA URF BASAVARAJ SHIVARUDRA MAHABASANNAVAR AGE: 53 YEARS, OCC. AGRICULTURE, R/O AVARAGOAL, TQ. HUKKERI, - 4 - HC-KAR NC: 2025:KHC-D:10556 WP No. 102617 of 2025 DIST. BELAGAVI-591309. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 TO R4; NOTICE TO R5 TO R22 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,WHEREFORE FOR THE REASONS STATED ABOVE AND FOR THE REASONS TO BE URGED AT THE TIME OF HEARING PETITIONERS PRAY THIS HON BLE COURT TO.I) ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE OR ORDER OR DIRECTION TO RESPONDENT NO. 2 TO 4 TO CONSIDER THE REPRESENTATION DATED 14/11/2024 ANNEXURE-J, K AND L MADE TO RESPONDENT NO.2 I.E., THE ASSISTANT REGISTRAR OF SUB-DIVISIONAL CO-OPERATIVE SOCIETIES, BELGAUM, RESPONDENT NO.3 I.E., SUPERINTENDENT OF POLICE, BELGAUM, AND RESPONDENT NO.4 I.E., DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BELGAUM AND TO ENQUIRE AND TAKE LEGAL ACTION AGAINST THE CULPRITS.II) ANY OTHER APPROPRIATE RELIEF OR DIRECTION BE GRANTED IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 4. 2. Notice to respondent Nos.5 to 22 is dispensed with in view of the proposed order to be passed. 3. The petitioner is before this Court seeking for the following reliefs: - 5 - HC-KAR NC: 2025:KHC-D:10556 WP No. 102617 of 2025 i) Issue writ of mandamus or any other appropriate or order or direction to respondents No. 2 to 4 to consider the representation dated 14/11/2024 Annexure- J, K and L made to respondent no.2 i.e., the Assistant Registrar of Sub-Divisional Co- Operative Societies, Belgaum, respondent no.3 i.e., Superintendent Of Police, Belgaum, and respondent No.4 i.e., Deputy Registrar Of Co-Operative Societies, Belgaum and to enquire and take legal action against the culprits ii) Any other appropriate relief or direction be granted in the ends of justice and equity. 4. By way of representations dated 14.11.2024 at Annexures-J, K and L, the petitioner had submitted representations to respondent Nos.2, 3 and 4 contending that someone had impersonated him and was elected in the elections to a co-operative society by name Basaveshwara Souharda Credit Sahakari Niyamita. 5. The allegations which have been made by the petitioner touching upon criminal offences, a mere representation would not suffice. It is for the - 6 - HC-KAR NC: 2025:KHC-D:10556 WP No. 102617 of 2025 petitioner, if so advised, to file necessary complaint before the jurisdictional police authorities. 6. Reserving such liberty, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE Sh Ct:pa List No.: 2 Sl No.: 5