BRAHMAVARA VYAVASAYA SEVA SAHAKARI SANGHA LTD., v. THE STATE OF KARNATAKA
WP/15748/2023 · 2026-06-04
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20395 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20395 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26455 WP No. 15748 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. 15748 OF 2023 (CS-RES) BETWEEN:
1.
BRAHMAVARA VYAVASAYA SAHAKARI SANGHA LTD., (A SOCIETY REGISTERED UNDER KCS ACT, 1959), H.O. UNNATHI, BRAHMAVARA TALUK, UDUPI DISTRICT - 576213, REPRESENTED BY ITS PRESIDENT:
K. THIMMAPPA HEGDE.
2.
SADANANDA POOJARY S/O GIRIYA POOJARY, AGE 62 YEARS, DIRECTOR OF FIRST PETITIONER SOCIETY, R/O KODLABITTA HOUSE, HEROOR, BRAHMAVARA TALUK, UDUPI DISTRICT - 576213.
3.
ULLAS NAYAK S/O RAMACHANDRA NAYAK, AGE 47 YEARS, DIRECTOR OF THE FIRST PETITIONER SOCIETY, INDIRANAGAR, VARAMBALLY, BRAHMAVARA TALUK, UDUPI TALUK - 576213 …PETITIONERS (BY SRI. MAHESH R. UPPIN, ADVOCATE)
Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26455 WP No. 15748 of 2023
AND:
1.
THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, VIKAS SOUDHA, BENGALURU-560001, REP. BY ITS SECRETARY.
2.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU - 560052.
3.
THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, KUNDAPURA SUB-DIVISION, SANJEEVA PRABHU BUILDING, MASTIKATTE, KUNDAPURA, UDUPI DISTRICT - 576201. …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
ORDER DATED 17.03.2023 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 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:26455 WP No. 15748 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
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HC-KAR NC: 2026:KHC:26455 WP No. 15748 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.: 31