- 1 - HC-KAR NC: 2025:KHC-D:18411 WP No. 109780 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109780 OF 2025 (CS-RES) BETWEEN: CHETAN S/O. APPASAB JAYAGONDE, AGE. 36 YEARS, OCC. AGRICULTURE, CHIEF PROMOTER, PROPOSED SHRI MAHALAXMI VIVIDODDESH PRATHMIK GRAMEEN KRUSHI SAHAKARI SANGH NIYAMIT, FARIDKANWADI (LAXMINAGAR), TQ. KAGAWAD, DIST. BELAGAVI-591 316. … PETITIONER (BY SRI. ANAND BAGEWADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560 001. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, BELAGAVI, CHIKKODI SUB-DIVISION, CHIKKODI, TQ. BELAGAVI, DIST. BELAGAVI, PIN-590 001. … RESPONDENTS (BY SMT. NANDINI SOMAPUR, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 05/12/2025 IN NO.AR-11/RSR/72/2025-26 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E AND ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO GRANT PERMISSION TO FLOATING OF SHARE AMOUNT FOR PRE- REGISTRATION OF THE SOCIETY IN THE NAME OF THE PROPOSED SHRI MAHALAXMI VIVIDODDESH PRATHMIK GRAMEEN KRUSHI SAHAKARI SANGH NIYAMIT, FARIDKANWADI (LAXMINAGAR), TQ. KAGAWAD, DIST. BELAGAVI, BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 16:10:06 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18411 WP No. 109780 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Learned Government Advocate accepts notice on behalf of respondent Nos.1 and 2. 2. Learned Government Advocate does not dispute the said proposition and submits that the petitioner is the Chief Promoter of the proposed Co-operative Society under the name Sri Mahalaxmi Vividoddesh Prathamik Grameen Krushi Sahakari Sangh Niyamit Faridkhanwadi (Laxminagar) Kagawad. The proposal has been rejected on the premise that the proposed society would compete with the existing societies and may not be financially viable. 3. Learned counsel for the petitioner submits that, in terms of the judgments referred to in Annexure-F to F3 Series, this Court has held that an opportunity of hearing is required to be granted. 4. It is further submitted that the impugned order dated 05/12/2025 has been passed without issuing notice to the petitioner, without affording an opportunity of hearing, and - 3 - HC-KAR NC: 2025:KHC-D:18411 WP No. 109780 of 2025 without considering the petitioner’s contentions relating to the sustainability and viability of the proposed society. 5. In these circumstances, the impugned order is set aside and the matter is remitted to respondent No. 2 for fresh consideration. 6. Respondent No. 2 shall consider the petitioner’s claim relating to the viability of the proposed society and thereafter pass appropriate orders in accordance with law. 7. The petitioner shall appear before respondent No.2 on 05.01.2026 without awaiting any further notice. 8. Respondent No. 2 shall dispose of the matter within a period of 30 days from the date of such appearance. 9. With the aforesaid observations, the petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE AC CT:BCK LIST NO.: 1 SL NO.: 38