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2026 DAILYLAW 20470 (KAR)
MANDARTHI SERVICE CO-OPERATIVE SOCIETY LTD., v. THE STATE OF KARNATAKA
WP/17587/2023 · 2026-06-04
M I Arun
body2026
[ 2026 DAILYLAW 20470 (KAR) · dailylaw.ai ]
[ 2026 DAILYLAW 20470 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26456 WP No. 17587 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. 17587 OF 2023 (CS-RES) BETWEEN:
1.
MANDARTHI SERVICE CO-OPERATIVE SOCIETY LTD., (A SOCIETY REGISTERED UNDER KCS ACT, 1959) HEAD OFFICE: MANDARTHI, HEGGUNJE VILLAGE, MANDARTHI POST, BRAHMAVARA TALUK, UDUPI DISTRICT-576223, REP. BY ITS PRESIDENT MR. H GANGADHARA SHETTY, AGE: 63 YEARS.
2.
SRI. VITTALA SHETTY S/O MUDDANNA SHETTY, AGED ABOUT 82 YEARS, DIRECTOR OF THE FIRST PETITIONER SOCIETY, SHEDIKODLU HEGGUNJE VILLAGE, POST MANDARTHI, BRAHMAVARA TALUK, UDUPI DISTRICT-576223.
3.
SRI. SHAMBHUSHANKARA RAO S/O MANJUNATHAYYA, AGE: 65 YEARS, DIRECTOR OF FIRST PETITIONER SOCIETY, HEGGUNJE VILLAGE, POST MANDARTHI,
Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26456 WP No. 17587 of 2023
BRAHMAVARA TALUK, UDUPI DISTRICT-576223. …PETITIONERS (BY SRI. MAHESH R. UPPIN, ADVOCATE) 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 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE DIVISION, PUBLIC ORFFICES BUILDING, NEW SAYYAJI ROAD, MYSURU-570024.
4.
THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, KUNDAPURA SUB-DIVISION, SANJEEVA PRABHU BUILDING, MASTIKATTE, KUNDAPURA, UDUPI DISTRICT-576201. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 TO R4)
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HC-KAR NC: 2026:KHC:26456 WP No. 17587 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH 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 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:
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.
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HC-KAR NC: 2026:KHC:26456 WP No. 17587 of 2023
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 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.: 38