BELLE VYAVASAYA SEVA SAHAKARI SANGHA (N) MOODUBELLE v. THE STATE OF KARNATAKA
WP/15884/2023 · 2026-06-08
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 21080 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 21080 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:27142 WP No. 15767 of 2023 C/W WP No. 15785 of 2023 WP No. 15884 of 2023 AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.15767 OF 2023 (CS-RES) C/W WRIT PETITION NO.15785 OF 2023 (CS-RES) WRIT PETITION NO.15884 OF 2023 (CS-RES) & WRIT PETITION NO.15893 OF 2023 (CS-RES)
IN WP No.15767/2023 BETWEEN:
1.
KODAVOOR VYAVASAYA SEVA SAHAKARI SANGHA LTD.
16-62, KODAVOOR (A SOCIETY REGD. UNDER KCS ACT, 1959) UDUPI TALUK AND DISTRICT - 576 106 REP BY ITS PRESIDENT SRI K NARAYANA BALLAL.
2.
SRI RATHNAKAR AMIN S/O RAJU SANIL, AGE 45 YEARS, DIRECTOR OF THE FIRST PETITIONER SOCIETY, MOODABETTU, KODAVOOR, UDUPI TALUK AND DISTRICT-576 101.
3.
SRI NAVEEN SHETTY S/O VITTAL SHETTY, AGE 51 YEARS DIRECTOR OF FIRST PETITIONER SOCIETY D.NO.25-2, 'SRI KRIPA',
Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:27142 WP No. 15767 of 2023 C/W WP No. 15785 of 2023 WP No. 15884 of 2023 AND 1 OTHER
MOODABETTU, KODAVOOR, UDUPI TALUK AND DISTRICT-576 101.
…PETITIONERS (BY SRI. MAHESH R. UPPIN, ADVOCATE) 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 DISTRICT-576 201.
…RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA)
THIS PETITION IS FILED UNDER ARTICLES 226 & 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 RESPONDENT NO.2 MARKED AS ANNEXURE-A, THE LETTER DATED 11.07.2023 BEARING NO.RCS/CRD/KME-3/21/2022-23 ISSUED BY RESPONDENT
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HC-KAR NC: 2026:KHC:27142 WP No. 15767 of 2023 C/W WP No. 15785 of 2023 WP No. 15884 of 2023 AND 1 OTHER
NO.2 MARKED AS ANNEXURE-E AND THE ORDER DATED 11.07.2023 BEARING NO.RCS/CRD/KME-3/21/2022-23 PASSED BY RESPONDENT NO.2 MARKED AS ANNEXURE-F BY ISSUING A WRIT IN THE NARUTE OF CERTIORARI, ETC.
IN WP NO.15785/2023 BETWEEN:
1.
MANDARTHI SERVICE CO-OP. SOCIETY LTD CAR STREET, MANDARTHI (A SOCIETY REGD UNDR KCS ACT, 1959) BRAHMAVARA TALUK UDUPI DISTRICT-576233 REPRESENTED BY ITS PRESIDENT H GANGADHARA SHETTY.
2.
SHAMBHU SHANAKRA RAO S/O MANJUNATHAYYA AGED 65 YEARS DIRECTOR OF FIRST PETITIONER SOCIETY R/O KALLUDEVASTANA HEGGANJE VILLAGE MANDAVARTHI POST BRAHMAVARA TALUK UDUPI DISTRICT-576223.
3.
VITTALA SHETTY S/O MUDDANNA SHETTY AGED 82 YEARS DIRECTOR OF THE FIRST PETITIONER SOCIETY HEGGANJE SHEDITHODLU HEGGANJE VILLAGE MANDARTHI POST BRAHMAVARA TALUK
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HC-KAR NC: 2026:KHC:27142 WP No. 15767 of 2023 C/W WP No. 15785 of 2023 WP No. 15884 of 2023 AND 1 OTHER
UDUPI DISTRICT-576 223.
...PETITIONERS (BY SRI. MAHESH R. UPPIN, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKAS SOUDHA BENGALURU-560 001 REP. BY ITS SECRTARY
2.
THE REGISTRAR OF CO-OPERATIVE SOCITEIS IN KARNATAKA NO.1, ALI ASKAR ROAD BENGALURU-560022.
3.
THE ASST. REGSITRAR OF CO-OPERATIVE SOCIETIES KUNDAPURA SUB-DIVISION SANJEEVA PRABHU BUILDING MASTIKATTE, KUNDAPURA UDUPI DISTRICT-576201.
...RESPONDENTS (BY SRI. YOGESH D. NAIK, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 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
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HC-KAR NC: 2026:KHC:27142 WP No. 15767 of 2023 C/W WP No. 15785 of 2023 WP No. 15884 of 2023 AND 1 OTHER
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 NARUTE OF CERTIORARI, ETC.
IN WP NO.15884/2023 BETWEEN:
1.
BELLE VYAVASAYA SEVA SAHAKARI SANGHA (N) MOODUBELLE MOODUBELLE, UDUPI TALUK, UDUPI DISTRICT-576120 (A SOCIETY REGISTERED UNDER KCS ACT, 1959) REPRESENTED BY ITS PRESIDENT:
SHIVAJI S SUVARNA.
2.
SIJATHA S SUVARNA W/O SHANKARA SUVARNA, AGE:44 YEARS DIRECTOR OF FIRST PETITIONER SOCIETY, R/O "SUJASHRYA NILAYA", POST: MOODUBELLE, UDUPI TALUK AND DISTRICT-574119.
3.
JOHN BAPTIST D ALMEDIA S/O LATE LOUIS D ALMEDIA AGE:51 YEARS DIRECTOR OF FIRST PETITIONER SOCIETY, R/O BETHEL HOUSE, ARBI, POST MARNE, UDUPI DISTRICT-576 107. ...PETITIONERS (BY SRI. MAHESH R. UPPIN, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, VIKAS SOUDHA, BENGALURU-560001
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HC-KAR NC: 2026:KHC:27142 WP No. 15767 of 2023 C/W WP No. 15785 of 2023 WP No. 15884 of 2023 AND 1 OTHER
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 SMT. SPOORTHI V., HCGP)
THIS PETITION IS FILED UNDER ARTICLES 226 & 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 NARUTE OF CERTIORARI, ETC.
IN WP NO.15893/2023 BETWEEN:
1.
BARKURU VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITA, BARLIRI (A SOCIETY REGD. UNDER KCS ACT, 1959)
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HC-KAR NC: 2026:KHC:27142 WP No. 15767 of 2023 C/W WP No. 15785 of 2023 WP No. 15884 of 2023 AND 1 OTHER
BARKURU, UDUPI-576246 REPRSENTED BY ITS PRESIDENT:
B. SHANTHARAM SHETTY AGE: 69 YEARS.
2.
B KRISHNAMOORTHI RAO S/O KALINGA RAO AGED 67 YEARS DIRECTOR OF FIRST PETITIONER SOCIETY R/O. KACHUR VILLAGE BARKUR POST UDUPI DISTRICT-576246.
3.
SMT. SUMA W/O. GOVINDA GANIGA AGE: 56 YEARS DIRECTOR OF THE FIRST PETITIONER SOCIETY D.NO.2-16, KACHUR VILLAGE BARKUR POST, UDUPI TALUK UDUPI DISTRICT-576106. ...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.
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HC-KAR NC: 2026:KHC:27142 WP No. 15767 of 2023 C/W WP No. 15785 of 2023 WP No. 15884 of 2023 AND 1 OTHER
3.
THE ASST. REGISTAR OF CO-OPERATIVE SOCIETIES KUNDAPURA SUB-DIVISION SANJEEVA PRABHU BUILDING MASTIKATTE, KUNDAPURA UDUPI DISTRICT-576201. ...RESPONDENTS (BY SMT. SPOORTHI V., HCGP) THIS PETITION IS FILED UNDER ARTICLES 226 & 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 NARUTE OF CERTIORARI, ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:27142 WP No. 15767 of 2023 C/W WP No. 15785 of 2023 WP No. 15884 of 2023 AND 1 OTHER
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER Petitioner no.1 in all the matters are Co-operative Societies. 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 petitions are filed.
2. The case of the petitioners 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:27142 WP No. 15767 of 2023 C/W WP No. 15785 of 2023 WP No. 15884 of 2023 AND 1 OTHER
otherwise. It is submitted that the present writ petitions may also be disposed of on similar terms.
3. The learned Additional Government Advocate and High Court Government Pleader appearing for the respondents have 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 petitions are disposed of in terms of the
order passed by this Court in W.P.No.16067/2023.
Sd/- (M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 24