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2026 DAILYLAW 22728 (KAR)

A T MARAPPA v. THE STATE OF KARNATAKA

WP/11259/2026 · 2026-06-16

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29381 WP No. 11259 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 11259 OF 2026 (CS-RES) BETWEEN: A.T.MARAPPA S/O THIMARAYAPPA AGED ABOUT 58 YRS # 102, BLUE BELLS SMARTHOMES INDLABELE ROAD ATTIBELE ANEKAL BANGALORE -562107 …PETITIONER (BY SRI. SARAVANA.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION BY ITS PRINCIPAL SECRETARY M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560001 2. DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES 3RD CIRCLE BANGALORE DISTRICT NO. 146, SAHAKARA SOUDHA 2ND FLOOR, 8TH CROSS 3RD MAIN ROAD' MARGOSA ROAD MALLESHWARAM BANGALORE -560003 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29381 WP No. 11259 of 2026 3. ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES 3RD CIRCLE BANGALORE DISTRICT NO. 146, SAHAKARA SOUDHA 8TH CROSS 3RD MAIN ROAD' MARGOSA ROAD MALLESHWARAM BANGALORE -560003 4. JAYABHARATHI EDUCATION CO-OPERATIVE SOCIETY LTD (REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT) ATTIBELE HOBLI ANEKAL TALUK BENGALURU -562107 BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SRI. YOGESH.D.NAIK, AGA FOR R1 TO R3; V/O DTD: 16/6/2026 NOTICE TO R4 IS D/W) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 1ST RESPONDENT TO TRANSFER OF APPEAL WITH DRB/3/APPEAL/02/2023-24 FROM RESPONDENT NO.2 TO ANOTHER IMPARTIAL APPELLATE AUTHORITY FURTHER DIRECTION TO CONSIDER THE REPRESENTATION DATED 19.02.2026 SUBMITTED BY THE PETITIONER (ANNEXURE-D) ENSURING TO D PASS APPROPRIATE ORDERS TO DISPOSE OF THE APPEAL WITHIN A STIPULATED TIME FRAME, NOT EXCEEDING FOUR WEEKS FROM THE DATE OF TRANSFER OR FROM THE DATE OF THE ORDER OF THIS HONBLE COURT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:29381 WP No. 11259 of 2026 ORAL ORDER Appeal filed by the petitioner under Section 106 of the Karnataka Co-operative Societies Act, 1959, is pending before respondent No.2. The case of the petitioner is that the person holding the charge of respondent No.2 presently, was the same person who passed the original order as respondent No.3. Hence, he has made a request to the Authorities concerned to post the appeal before any other Deputy Registrar of Co-operative Societies and has sought for transferring of the said case. 2. Learned Additional Government Advocate upon instructions submits that steps are already initiated in this regard and in due course the case will be transferred to another Deputy Registrar of Co-operative Societies to adjudicate the dispute. 3. As the present respondent No.2 is the same person who sat as respondent No.3 and passed the original order which is under challenge before respondent - 4 - HC-KAR NC: 2026:KHC:29381 WP No. 11259 of 2026 No.2, the same needs to be heard by another Deputy Registrar of Co-operative Societies. 4. Hence, it is hereby ordered that respondent No.1 shall take necessary steps to have Appeal No.DRB/3/Appeal/02/2023-24 pending on the file of respondent No.2 to be transferred to any other Deputy Registrar of Co-operative Societies as expeditiously as possible, but not later than one month from the date of receipt of certified copy of this order. Accordingly, writ petition stands disposed off. Sd/- (M.I.ARUN) JUDGE SMJ List No.: 1 Sl No.: 16