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2026 DAILYLAW 11058 (KAR)

SRI. PATEL LAKSHME GOWDA, v. THE CHIEF SECRETARY,

WP/3533/2026 · 2026-02-16

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9233 WP No. 3533 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3533 OF 2026 (CS-RES) BETWEEN: 1. SRI. PATEL LAKSHME GOWDA, S/O CHICKMOGEGOWDA, AGED ABOUT 51 YEARS, PRESIDENT, KADILUVAGILU MILK PRODUCE CO-OP. SOCIETY LTD., RESIDENTS OF KADILUVAGILU VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571422 2. SRI. CHICKANNE GOWDA, S/O KARIGOWDA, AGED ABOUT 68 YEARS, VICE PRESIDENT, KADILUVAGILU MILK PRODUCE CO-OP. SOCIETY LTD. RESIDENTS OF KADILUVAGILU VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571422 3. K.T. MANJU, S/O THAMMEGOWDA, AGED ABOUT 48 YEARS, DIRECTOR, KADILUVAGILU MILK PRODUCE CO-OP. SOCIETY LTD. RESIDENTS OF KADILUVAGILU VILLAGE, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9233 WP No. 3533 of 2026 MADDUR TALUK, MANDYA DISTRICT-571422 4. K.T. JAYARAMU S/O THAMMEGOWDA, AGED ABOUT 45 YEARS, DIRECTOR, KADILUVAGILU MILK PRODUCE CO-OP. SOCIETY LTD. RESIDENTS OF KADILUVAGILU VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571422 5. NANDINI, D/O PUTTASWAMY, AGED ABOUT 40 YEARS, DIRECTOR, KADILUVAGILU MILK PRODUCE CO-OP. SOCIETY LTD. RESIDENTS OF KADILUVAGILU VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571422 6. NAGARATHNAMMA D/O K.M. CHICKAMADEGOWDA, AGED ABOUT 40 YEARS, DIRECTOR, KADILUVAGILU MILK PRODUCE CO-OP. SOCIETY LTD. RESIDENTS OF KADILUVAGILU VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571422 7. SHIVALINGAIAH, S/O CHIKKABORAIAH, AGED ABOUT 46 YEARS, DIRECTOR, KADILUVAGILU MILK PRODUCE CO-OP. SOCIETY LTD. RESIDENTS OF KADILUVAGILU VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571422 - 3 - HC-KAR NC: 2026:KHC:9233 WP No. 3533 of 2026 8. NANJUNDE GOWDA, S/O LAKSHME GOWDA, AGED ABOUT 54 YEARS, DIRECTOR, KADILUVAGILU MILK PRODUCE CO-OP. SOCIETY LTD. RESIDENTS OF KADILUVAGILU VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571422 9. SRI K.N. MARI GOWDA, S/O LATE NANJUNDE GOWDA, AGED ABOUT 30 YEARS, DIRECTOR, KADILUVAGILU MILK PRODUCE CO-OP. SOCIETY LTD. RESIDENTS OF KADILUVAGILU VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571422. …PETITIONERS (BY SRI. KALEEMULLA SHARIFF., ADVOCATE) AND: 1. THE CHIEF SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KARNATAKA, BENGALURU-560 001 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA-571404 …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 4 - HC-KAR NC: 2026:KHC:9233 WP No. 3533 of 2026 QUASH THE IMPUGNED ORDERS PASSED BY THE 2ND RESPONDENT, (A) PET. NO.1 NO. AR 39/DDS/ANARHA/19/25- 26, DATED 10-12-2025 PRODUCED AT ANNEXURE-G (B) PET. NO.2 NO. AR 39/DDS/ANARHA/27/25- 26, DATED 10-12-2025 PRODUCED AT ANNEXURE-G1, (C) PET. NO.3 NO. AR 39/DDS/ANARHA/21/25- 26, DATED 10-12-2025 PRODUCED AT ANNEXURE-G2, (D) PET. NO.4 NO. AR 39/DDS/ANARHA/22/25- 26, DATED 10-12-2025 PRODUCED AT ANNEXURE-G3, (E) PET. NO.5 NO. AR 39/DDS/ANARHA/26/25- 26, DATED 10-12-2025 PRODUCED AT ANNEXURE-G4, (F) PET. NO.6 NO. AR 39/DDS/ANARHA/25/25- 26, DATED 10-12-2025 PRODUCED AT ANNEXURE-G5, (G) PET. NO.7 NO. AR 39/DDS/ANARHA/24/25- 26, DATED 10-12-2025 PRODUCED AT ANNEXURE-G6, (H) PET. NO.8 NO.AR 39/DDS/ANARHA/20/25- 26, DATED 10-12-2025 PRODUCED AT ANNEXURE-G7, (I) PET. NO.9 NO. AR 39/DDS/ANARHA/23/25- 26, DATED 10-12-2025 PRODUCED AT ANNEXURE-G8 BY ISSUING WRIT OF CERTIORARI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 5 - HC-KAR NC: 2026:KHC:9233 WP No. 3533 of 2026 ORAL ORDER 1. The petitioners, aggrieved by the orders of termination, have filed this writ petition. 2. Learned Additional Government Advocate submits that against the impugned orders, the petitioners can raise a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959 (for short, ‘the Act’). The petitioners, without raising a dispute under the aforesaid provision, have filed this writ petition. He submits that the writ petition is filed without exhausting an equal efficacious remedy and hence, the writ petition is not maintainable. Accordingly, prays to dismiss the writ petition. 3. Learned counsel for the petitioners seeks leave of the Court to withdraw the writ petition with a liberty to challenge the order under Section 70 of the Act before the appropriate forum. Learned counsel also files a Memo to this effect. - 6 - HC-KAR NC: 2026:KHC:9233 WP No. 3533 of 2026 4. The Memo and the submission are placed on record. 5. The writ petition is dismissed as withdrawn with the aforesaid liberty. 6. The Registry is directed to return the certified copy/original document(s), if any, to the petitioners after retaining a photo copy of the same. 7. Pending application/s, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 33