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2025 DAILYLAW 88824 (KAR)

VIRAJPET PATTANA SAHAKARA BANK NIYAMITHA v. THE STATE OF KARNATAKA

WP/35604/2025 · 2025-12-15

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53338 WP No. 35604 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 35604 OF 2025 (CS-RES) BETWEEN: VIRAJPET PATTANA SAHAKARA BANK NIYAMITHA CO-OPERATIVE BANK, VIRAJPETE, KODAGU-571218 BY ITS MANAGER REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT …PETITIONER (BY SRI. RAHUL CARIAPPA, ADVOCATE FOR SRI. PONNANNA M.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES, REPRESENTED BY ITS SECRETARY, M.S BUILDING, BANGALORE-560001. 2. THE REGISTRAR OF CO - OPERATIVE SOCIETIES, NO.775, ALI ASKER ROAD NEAR RAJ BHAVAN, VASANTHNAGAR BANGALORE - 560 052 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BALABHAVANA BUILDING KODAGU - 571 201. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53338 WP No. 35604 of 2025 RESOLUTION DATED 31.07.2025 IN ANNEXURE-F ONLY IN SO FAR AS TO POINT NO.5 MADE BY THE RESPONDENT NO.3 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Heard learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.1 to 3. 2. The petitioner has approached this Court seeking issuance of writ in the nature of certiorari to quash the Resolution dated 31.07.2025 produced as per Annexure-F, issued by respondent No.3 and to issue writ in the nature of Mandamus, directing respondent No.3 not to insist the petitioner bank for following the "Reservation Policy" for appointment of Junior clerks/Assistants and Manager posts as per Resolution dated 31.07.2025. 3. Admittedly, there is efficacious statutory remedy available to the petitioner to raise the dispute before the - 3 - HC-KAR NC: 2025:KHC:53338 WP No. 35604 of 2025 appropriate authority under Section 70(2)(d) of the Karnataka Co-operative Societies Act (for short, 'the KCS Act') 4. Hence, the petition is dismissed as efficacious remedy is available to the petitioner. Liberty is reserved to the petitioner to raise the dispute under Section 70(2)(d) of the KCS Act, in accordance with law, within ten days from the date of receipt of copy of this order, if it is advised to do so. Sd/- (M G UMA) JUDGE MKM CT:VS List No.: 1 Sl No.: 30