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2026 DAILYLAW 19956 (KAR)

SHIRIYARA VAYASAYA SEVA SAHAKARI SANGHA LTD., v. THE STATE OF KARNATAKA

WP/17627/2023 · 2026-06-04

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26587 WP No. 17627 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. 17627 OF 2023 (CS-RES) BETWEEN: 1. SHIRIYARA VYAVASAYA SEVA SAHAKARI SANGHA LTD., (A SOCIETY REGD., UNDER KCS ACT, 1959) HEAD OFFICE: SAIBRAKATTE, SHIRIYARA, BRAHMAVARA TALUK, UDUPI DISTRICT - 576 210, REP. BY ITS PRESIDENT MR. PRADEEP BALLAL, AGED ABOUT 58 YEARS. 2. SRI. K. SURESHA SHETTY S/O KARIYANNA SHETTY K., AGE: 60 YEARS, DIRECTOR OF THE FIRST PETITIONER SOCIETY, KAVADI VILLAGE, BRAHMAVARA TALUK - 576 210 UDUPI DISTRICT. 3. SRI. SHEKAR POOJARY S/O GIRIYA POOJARY, AGE: 58 YEARS, DIRECTOR OF THE FIRST PETITIONER SOCIETY, KOLKEBAIL SHIRIYARA VILLAGE, SAIBRAKATTE, BRAHMAVARA TALUK, UDUPI DISTRICT - 576 210. …PETITIONERS (BY SRI. MAHESH R. UPPIN, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26587 WP No. 17627 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 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DIVISION, PUBLIC OFFICES BUILDING, NEW SAYYAJI ROAD, MYSURU - 570 024. 4. THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, KUNDAPURA SUB-DIVISION, SANJEEVA PRABHU BUILDING, MASTIKATTE, KUNDAPURA, UDUPI DISTRICT - 576 201. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO STAY THE ENFORCEMENT OF THE ORDERS DATED 28.07.2023 BEARING NO. eÉDgïJA/DqÀ½vÀ/©/UÁæ.¥ÀA.¥ÁåPïÀì/¹.Dgï-16/2023-24 PASSED BY THE RESPONDENT NO.3 MARKED AS ANNEXURE-A AND THE ORDER DATED 01.08.2023 BEARING NO. ¸À¤38/DgïJ¸ïDgï/86/2023-24 PASSED BY THE RESPONDENT NO.4 MARKED AS ANNEXURE-B. - 3 - HC-KAR NC: 2026:KHC:26587 WP No. 17627 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Learned counsel for the petitioners submits that the petitioners have challenged the direction of the State in restricting the activities of the petitioner - Society to a particular area. However, he submits that the said notification imposing the restriction is not implemented by the State. Hence, he submits that he may be permitted to withdraw the writ petition reserving the liberty to file a fresh writ petition, if the State were to insist upon restraining the petitioner - Society to a particular area. 2. Learned Additional Government Advocate upon instruction, does not dispute the aforementioned submission of the learned counsel for the petitioners and he has no objection for dismissal of the writ petition reserving the liberty to the petitioners to file a fresh writ - 4 - HC-KAR NC: 2026:KHC:26587 WP No. 17627 of 2023 petition, in case the order is sought to be given effect to by the State. 3. Hence, the following: ORDER The Writ Petition is hereby dismissed, reserving the liberty to the petitioners to file a fresh writ petition, if the order under challenge is given effect to by the State Government. Sd/- (M.I.ARUN) JUDGE MCR List No.: 1 Sl No.: 39