Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:31808 WP No. 17294 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.17294 OF 2025 (CS-RES)
BETWEEN:
1.
SRI N G PUTTASWAMY AGED ABOUT 77 YEARS S/O LATE N RUDRAPPA R/AT NO.1659/30, VIDYANAGAR DAVANAGERE - 577 055.
…PETITIONER
(BY SRI. JAYARAJ D.S., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY REVENUE DEPARTMENT M S BUILDING, VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU - 560 001.
2.
RYOTS PRODUCE PROCESING AND COMMERCIAL CO-OPEATIVE SOCIETY LIMITED OFFICE SITUATED AT P B ROAD DAVANAGERE - 577 002 REPRESENTED BY ITS SECRETARY SRI D S JADHAV S/O SRI SHIVAPPA AGED ABOUT 69 YEARS.
…RESPONDENTS
Digitally signed by V MANJUSHA BAI Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:31808 WP No. 17294 of 2025
(BY SMT. SPOORTHI V., HCGP., FOR R.1;
SRI. S D N PRASAD, ADVOCATE FOR R.2.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 SOCIETY TO CONSIDER THE LETTERS/REPRESENTATIONS/LEGAL NOTICES GOT ISSUED ON BEHALF OF THE PETITIONER ON VARIOUS OCCASIONS VIDE ANNEXURES-C, D AND E, DATED 21.07.2021, 01.12.2021, 21.01.2024, RESPECTIVELY AND THEREBY COMPLY WITH THE
ORDER DATED 20.07.2021 PASSED IN PROCEEDINGS BEARING NO.DR/DVG/DISP/ETC/01/2018-2019 BY THE CONCERNED DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANAGERE IN PARTICULAR, PLACING THE PETITIONER TO THE MEMBERSHIP OF THE RESPONDENT NO.2 SOCIETY TO 'A' CLASS BY ACCEPTING THE PROPER AND REQUISITE FEE FROM THE PETITIONER VIDE ANNEXURE-A2, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
- 3 -
HC-KAR NC: 2026:KHC:31808 WP No. 17294 of 2025
ORAL ORDER
1. The petitioner was a member of the second respondent- Society. His membership got terminated. Aggrieved by the same, he raised a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959. An order was passed by the jurisdictional Deputy Registrar of Co-operative Societies in his favour. The same reads as under:-
":: DzÉñÀ ::
CfðzÁgÀgÀ CfðAiÀÄ£ÀÄß ¥ÀÄgÀ¸ÀÌj¹zÉ. JzÀÄgÀÄzÁgÀ ¸ÀAWÀªÀÅ PÁ£ÀÆ£ÀĨÁ»gÀªÁV CfðzÁgÀgÀ ¸ÀzÀ¸ÀåvÀé gÀzÀÄÝUÉÆ½¹gÀĪÀÅzÀ£ÀÄß ªÀeÁUÉÆ½¹, CfðzÁgÀjAzÀ ¥ÀjµÀÌøvÀ µÉÃgÀÄ ªÉƧ®UÀ£ÀÄß ¥ÀqÉzÀÄ, ¸ÀzÀjAiÀĪÀgÀ£ÀÄß JzÀÄgÀÄzÁgÀ ¸ÀAWÀzÀ "J" vÀgÀUÀw ¸ÀzÀ¸ÀågÀ£ÁßV ªÀÄÄAzÀĪÀgɸÀĪÀAvÉ DzÉò¹zÉ.
F DzÉñÀªÀ£ÀÄß ¢£ÁAPÀ:20.07.2021 gÀAzÀÄ ¸Àé-¸À» ºÁUÀÆ £ÁåAiÀiÁ®AiÀÄzÀ ªÉƺÀj£ÉÆA¢UÉ ¤ÃrzÀÄÝ, vÉgÉzÀ £ÁåAiÀiÁ®AiÀÄzÀ°è WÉÆÃ¶¸À¯ÁVzÉ."
2. The aforementioned order was challenged by way of an appeal before the Karnataka Appellate Tribunal at Bangalore by respondent no.2 in Appeal No.165/2021. The same is still pending. The second respondent has not honoured the order of the jurisdictional Deputy Registrar of Co-operative Societies.
- 4 -
HC-KAR NC: 2026:KHC:31808 WP No. 17294 of 2025
Hence, the petitioner has preferred the present writ petition with the following prayers:- (a) Issue a writ in a nature of mandamus or any other appropriate writ/s or
order/s or direction/s directing the respondent No.2 society to consider the letters/representations/legal notices got issued on behalf of the petitioner on various occasions vide ANNEXURES-C, D and E, dated 21.07.2021, 01.12.2021, 21.10.2024, respectively and thereby comply with the order dated 20.07.2021 passed in proceedings bearing No.DR/DVG/DISP/ETC/01/2018-2019 by the concerned Deputy Registrar of Co- operative Societies, Davanagere in particular, placing the petitioner to the membership of the respondent No.2 society to 'A' class by accepting the proper and requisite fee from the petitioner vide ANNEXURE-A2; and
(b) Issue any other appropriate writ/s or order/s as this Hon'ble Court deems fit to pass considering the present
facts and circumstances of the case inclusive of costs in the interest of justice and equity."
- 5 -
HC-KAR NC: 2026:KHC:31808 WP No. 17294 of 2025
3. The case of the petitioner is that no interim order has been passed in favour of second respondent -Society in Appeal No.165/2021 before the Karnataka Appellate Tribunal and hence, they are liable to follow the order passed by the Deputy Registrar of Co-operative Societies.
4. This is not an Executing Court. If the petitioner is of the opinion that the order passed by the Deputy Registrar of Co-operative Societies is executable and the second respondent has failed to execute the same in the manner known to law, he is always at liberty to have the same executed in accordance with law.
5. Subject to the aforementioned reasons, the writ petition is hereby dismissed.
SD/- (M.I.ARUN) JUDGE
VMB List No.: 1 Sl No.: 58