- 1 - HC-KAR NC: 2026:KHC:8024 WP No. 5339 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 5339 OF 2020 (CS-RES) BETWEEN: 1. UTHANURU VYVASAYA SEVA SAHAKARA SANGHA NIYAMITHA UTHANURU, DUGGASANDRA HOBLI, MULBAGAL TALUK, KOLAR DISTRICT-563131 REPRESENTED BY ITS PRESIDENT, R MANJUNATH, AGED ABOUT 50 YEARS, 2. V CHOWDAPPA S/O VENKATESHAPPA, AGED ABOUT 46 YEARS, GUJJANAHALLI VILLAGE, DUGGASANDRA HOBLI, MULBAGAL TALUK, KOLAR DISTRICT-563131 3. G C RAMAPPA S/O CHIKKAPPAIAH, AGED ABOUT 43 YEARS, GUJJANAHALLI VILLAGE, DUGGASANDRA HOBLI, MULBAGAL TALUK, KOLAR DISTRICT-563131 …PETITIONERS (BY SRI. JAYAKUMAR S PATIL, SR. ADVOCATE FOR SRI. SOMASEKHARA K H., ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8024 WP No. 5339 of 2020 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION, VIKASA SOUDHA, DR AMBEDKAR ROAD, BANGALORE-1 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, ALIASKAR ROAD, BANGALORE-52 3. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES KOLAR SUB-DIVISION, KOLAR-563101 …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROVISIONS OF SUB-SECTION (5) AND (6) OF SECTION 12 OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 AS INTRODUCED BY ACT OF 35/2014 AND AN AMENDED BY ACT 19/2016 IS ILLEGAL AND ULTRAVIRES OF THENPROVISIONS OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT, 1959 ACT. QUASH THE IMPUGNED ORDER DATED 19.02.2020 VIDE ANENXRUE-A ISSUED BY R-3. DIRECT THE REGISTRAR OF CO-OPERATIVE SOCIETIES TO BRING IT TO THE NOTICE OF THE CHIEF SECRETARY OF THE GOVERNMENT OF KARNATAKA ABOUT THE MISCONDUCT COMMITTED BY THE R-3 AND REQUEST HIM TO TAKE DISCIPLINARY ACTION AGAINST THE R-3 UNDER THE PROVISION OF THE KARNATAKA CIVIL SERVICE (CLASSIFICATION CONTROL AND APPEAL) RULES, 1957. DIRECT THE R-3 TO CONSIDER THE REPRESENTATION GIVEN BY THE MEMBERS OF THE PETITIONER SOCIETY ON 24.2.2020 REQUESTING TO RECALL THE IMPUGNED ORDER AND PERMIT - 3 - HC-KAR NC: 2026:KHC:8024 WP No. 5339 of 2020 THEM TO CONTINUE AS MEMBERS FOR THE PETITIONER SOCIETY, VIDE ANNEXURE-E. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners filed this writ petition seeking the following reliefs: i) Declare that the provisions of sub-section (5) and (6) of section 12 of the Karnataka Co-operative Societies Act 1959 as introduced by Act of 35/2014 and as amended by Act 19/2016 is illegal and ultravires of the provisions of the Karnataka Co- Operative Societies Act, 1959 Act; ii) Issue a writ of certiorari or similar writ or order direction to quash the impugned order dated: 19.02.2020 made in No.AR 49/BYTHI/12(6) /CR- 01/2019-2020 vide Annexure-A issued by Respondent No.3; iii) Direct the Registrar of Co-operative Societies to bring it to the notice of the Chief Secretary of the Government of Karnataka about the misconduct committed by the third respondent and request him to take disciplinary action against the third respondent under the provision of the Karnataka Civil Service (Classification Control and Appeal) Rules, 1957; iv)Issue an order, direction or writ in the nature of Mandamus directing the 3rd respondent to consider the representation given by the members of the - 4 - HC-KAR NC: 2026:KHC:8024 WP No. 5339 of 2020 petitioner society on 24-2-2020 requesting to recall the impugned order and permit them to continue as members for the petitioner society, vide Annexure- "E" and v) Issue any other appropriate writ or order or direction to the respondents deemed fit including payment of cost in the circumstances of the case, in the, interest of justice and equity. 2. Learned senior counsel Sri. Jayakumar S Patil, appearing for the petitioners submits that the petitioners will not press the relief sought at prayer -1. 3. Learned senior counsel for the petitioners submits that the issue involved in this case is squarely covered by an order passed by the Co-ordinate Bench of this Court in W.P.No.1098 of 2024 disposed of on 02.05.2025. The instant writ petition may be disposed of in terms of the said order. 4. Learned Additional Government Advocate for the respondents submits no objections to dispose of the - 5 - HC-KAR NC: 2026:KHC:8024 WP No. 5339 of 2020 instant writ petition in terms of the order passed in W.P.No.1098 of 2024 dated 02.05.2025. 5. The Co-ordinate Bench of this Court has framed one of the following points for consideration, which reads as follows: 1. Whether by direction issued under sub section (5) of Section 12 of the Karnataka Co-operative Societies Act, the area of operation of an existing society can be directed to be deleted to facilitate the establishment of a new society? 6. The said issue has been answered in paragraph No.15.19, which reads as follows: “Thus, I answer point No.1 by holding that no direction can be issued under sub- section 5 of Section 12 of KCS Act to delete a particular Grama Panchayath or a Taluk or a district from the area of operation of an existing society let alone to facilitate the establishment of a new society.” - 6 - HC-KAR NC: 2026:KHC:8024 WP No. 5339 of 2020 7. In the instant case, the respondents have passed an order under Section 12(6). The order passed under Section 12(6) is contrary to the proposition of law laid down by the Co-ordinate bench of this Court in the aforesaid W.P.No. 1098 of 2025. As rightly pointed out by the learned Senior counsel, the issue involved in this case is squarely covered by the order of the Co-ordinate Bench in W.P.No. 1098 of 2025. 8. Accordingly, I proceed to pass the following order: ORDER i. The writ petition is allowed. ii. The impugned order dated 19.02.2020 vide Annexure-A is hereby quashed regarding the petitioners’ society. iii. Insofar as prayer No.1 is concerned, it is dismissed as not pressed. - 7 - HC-KAR NC: 2026:KHC:8024 WP No. 5339 of 2020 iv. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV