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2026 DAILYLAW 16394 (KAR)

B G MOHAN KUMAR v. THE STATE OF KARNATAKA

WP/7482/2026 · 2026-03-05

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13650 WP No. 7482 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.7482 OF 2026 (CS-RES) BETWEEN: 1. B.G. MOHAN KUMAR S/O GOWDAIAH, AGE 45 YEARS, PRESIDENT, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD. BELAGIHALLI, CHANNARAYAPATNATALUK HASSAN DISTRICT-573124. 2. N. DHANANJAYA, S/O GOWDAIAH, AGE 58 YEARS, CEO/SECRETARY PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD. BELAGIHALLI, CHANNARAYAPATNATALUK HASSAN DISTRICT-573124. …PETITIONERS (BY SRI. DEVIPRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13650 WP No. 7482 of 2026 M.S BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU -560 001 REPRESENTED BY ITS PRINCIPLE SECRETARY. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES NEAR MATHRUSHREEKALYANAMANTAPA, MINI VIDHANASOWDHA ROAD, KUVEMPU NAGARA, 2ND LAYOUT, OPPOSITE 6TH CROSS, HASSAN DISTRICT HASSAN-573201. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 20.12.2025 NO. SANNI28/ADALITHA/BELAGIHALLI PACS/2025-26 ISSUED BY THE RESPONDENT NO.2 PRODUCED AT ANNEXURE-E; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13650 WP No. 7482 of 2026 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent No.1. 2. Heard learned counsel appearing for the parties. 3. In this Writ Petition, petitioners are assailing the notice dated 20.12.2025 (Annexure-E) and the show-cause notice dated 24.02.2026 (Annexure-F) issued by respondent No.2, initiating action under Section 29-C(8)(d) of the Karnataka Co- operative Societies Act, 1959. 4. Perusal of Annexures - E and F makes it clear that respondent - authority ought to have issued prior notice before taking any action in furtherance of Annexure-E dated 20.12.2025. In that view of the matter, without expressing any opinion on the merits of the case, the letter dated 20.12.2025 (Annexure-E) and the letter dated 24.02.2026 (Annexure-F) be considered as show-cause notice issued to the - 4 - HC-KAR NC: 2026:KHC:13650 WP No. 7482 of 2026 petitioners and the petitioners are permitted to file reply to Annexures - E and F, within two weeks from today. 5. After considering the reply that may be made by the petitioners pursuant to this order, it is open for the competent authority to take action against the petitioners in accordance with law. 6. Till the filing of the reply that may be made by the petitioners, no action shall be taken against the petitioners in so far as disqualification of the petitioners is concerned. 7. Accordingly, the Writ Petition stands disposed of. 8. Pending application if any, does not survive for consideration. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 57