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2026 DAILYLAW 24106 (KAR)

MR K S VENKATESH v. STATE OF KARNATAKA

WP/24058/2023 · 2026-06-11

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28648 WP No. 24058 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 24058 OF 2023 (S-RES) BETWEEN: MR. K.S. VENKATESH S/O SWAMY GOWDA AGED ABOUT 53 YEARS R/AT NO. 91, YEARS, R/AT NO. 91, RISHIKESHANAGARA, 1ST MAIN, HOSAKERE HALLI, BENGALURU - 560 085. …PETITIONER (BY SRI. GOVINDARAJU K, GOVINDARAJU K. JOISA ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BANGALORE - 560 001 REPRESENTED BY ITS CHIEF SECRETARY. Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28648 WP No. 24058 of 2023 2. MANAGING DIRECTOR HOPCOMS, M.H. MARI GOWDA ROAD, (NEAR LALBHAGH PARK), LALBAGH BANGALORE - 560 004. …RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R1; SRI. N. RAMACHANDRA, ADVOCATE FOR R2; SRI. T. DADAKHALANDAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ORDER DATED 15.5.2023 BEARING NUMBER HCS/KA.NI.(AA)/C./VI.NI/16/74/2022-23 (ANNEXURE-A), THE FINAL ORDER OF DISMISSAL PASSED BY THE SECOND RESPONDENT DISMISSING PETITIONER FROM SERVICE AS NULL AND VOID AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:28648 WP No. 24058 of 2023 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking for mandamus challenging the order of termination dated 15.05.2023 passed by respondent No.2 vide Annexure-A. 2. Learned counsel appearing for respondent No.2 submits that the petition filed by the petitioner is not maintainable as the petitioner has got an efficacious remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959 (for short, ‘the Act of 1959’). The petitioner, without exhausting the efficacious remedy, has filed this writ petition. 3. He has placed reliance on the judgment of the Hon'ble Apex Court in the case of RIKHAB CHAND JAIN VS. UNION OF INDIA AND OTHERS reported in CIVIL APPEAL NO.6719/2012 disposed off on 12.11.2025. - 4 - HC-KAR NC: 2026:KHC:28648 WP No. 24058 of 2023 4. I have perused the judgment passed by the Hon'ble Apex Court in the case of RIKHAB CHAND JAIN (SUPRA), held at para No.15, reads thus: “15. In our considered opinion, the appellant having had a remedy before the High Court in a separate jurisdiction which was equally efficacious, he indulged in the (mis)adventure of invoking its writ jurisdiction which was rightly not entertained.” 5. Considering the mandate laid down by the Hon'ble Apex Court in the case of RIKHAB CHAND JAIN (SUPRA), the writ petition filed by the petitioner is not maintainable. 6. In view of the above discussion, the writ petition is disposed of. 7. The liberty is reserved to the petitioner to approach the Registrar under Section 70 of the Act of 1959 within a period of 15 days from the date of receipt of copy of this order. If the petitioner approaches the Registrar, the petitioner is entitled for benefit under Section 14 of the Limitation Act, 1963. - 5 - HC-KAR NC: 2026:KHC:28648 WP No. 24058 of 2023 8. The Registry is directed to return the certified copy/original documents to the petitioner after retaining the photocopy of the same. 9. All the contentions of the parties are kept open. 10. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB