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2026 DAILYLAW 19786 (KAR)

KOTA SAHAKARI VYAVASAYAKA SANGHA (REGD) KOTA v. THE STATE OF KARNATAKA

WP/15922/2023 · 2026-06-04

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26695 WP No. 15922 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 15922 OF 2023 (CS-RES) BETWEEN: 1. KOTA SAHAKARI VYAVASAYAKA SANGHA (REGD) KOTA, (A SOCIETY REGISTERED UNDER KCS ACT 1959), HEAD OFFICE UGAMA, KOTA, BRAHMAVARA TALUK, UDUPI DISTRICT - 576 221, REPRESENTED BY ITS PRESIDENT G. THIMMA POOJARY. 2. MAHESH SHETTY M. S/O VENKAPPA SHETTY, AGE 44 YEARS, DIRECTOR OF FIRST PETITIONER SOCIETY, R/O DEVASA DODDAVARAMANE, MANURU POST, UDUPI TALUK AND DISTRICT - 576 246. 3. RAVINDRA KAMATH W/O PANDURANGA KAMATH, AGE 52 YEARS, DIRECTOR OF THE FIRST PETITIONER SOCIETY, GUDMI VILLAGE, SASTHANA POST, UDUPI TALUK AND DISTRICT - 576106. …PETITIONERS (BY SRI. MAHESH R UPPIN.,ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26695 WP No. 15922 of 2023 AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, VIKAS SOUDHA, BENGALURU - 560 001, REP. BY ITS SECRETARY. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU - 560 052. 3. THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES. KUNDAPURA SUB DIVISION, SANJEEVA PRABHU BUILDING, MASTIKATTE, KUNDAPURA, UDUPI DISTRCT - 576 201. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 17.3.2023 BEARING NO.RCS/CRD/KME-3/21/2022-23 PASSED BY THE RESPONDENT NO.2 MARKED AS ANNEXURE-A, THE LETTER DATED 11.07.2023 BEARING NO.RCS/CRD/KME-3/21/2022-23 ISSUED BY THE RESPONDENT NO.2 MARKED AS ANNEXURE-E AND THE ORDER DATED 11.07.2023 BEARING NO.RCS/CRD/KME-3/21/2022-23 PASSED BY THE RESPONDENT NO.2 MARKED AS ANNEXURE-F BY ISSUING A WRIT IN THE NATURE OF CERTIORARI IN SO FAR AS THE PETITIONER NO.1 IS CONCERNED AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:26695 WP No. 15922 of 2023 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner No.1 is a Co-operative Society. The State has published model bye-laws and have directed the petitioner - Society to adopt the same. The said direction has been issued in pursuance of the direction issued by Central Government. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that, the model bye-laws of the co-operative society contemplates several functions and much of the functions are irrelevant for the petitioner - Society, as the same falls outside its purview, for which it has been constituted. It is further submitted that under similar circumstances, the Co-ordinate Bench of this Court in W.P.No.16067/2023 has passed an order, wherein, the petitioner - Society is given the liberty to adopt the model bye-laws wherever relevant and not - 4 - HC-KAR NC: 2026:KHC:26695 WP No. 15922 of 2023 otherwise. It is submitted that the present writ petition may also be disposed of on similar terms. 3. The learned Additional Government Advocate appearing for the respondents has no objection for the same. 4. For the aforementioned reasons, I do not see any reason why the order passed by the Co-ordinate Bench of this Court in W.P.No.16067/2023 should not enure to the benefit of the petitioner - Society herein. 5. Hence, the writ petition is disposed of in terms of the order passed by this Court in W.P.No.16067/2023. Sd/- (M.I.ARUN) JUDGE MCR List No.: 1 Sl No.: 33