- 1 - HC-KAR NC: 2026:KHC:33531 WP No. 17567 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 17567 OF 2026 (S-RES) BETWEEN: SRI KRISHNAMURTHY S/O T H GOPALA AGED ABOUT 52 YEARS, ASSISTANT GRADE / SALESMAN, PC BUILDNG HOPCOMS KOLARA BRANCH KOLARA - 563 101 R/A NO.8, TALAGAVARA CHINTHAMANI TALUK KOLAR DISTRICT - 573 125 …PETITIONER (BY SRI. GANGADHARAIAH A.N., ADVOCATE) AND: 1. THE HORTICULTURE PRODUCE CO OPERATIVE MARKETING AND PROCESSING SOCIETY LTD (HOPCOMS) LALBAGH BANGALORE - 560 004 REPRESENTED BY ITS MANAGING DIRECTOR 2. THE HORTICULTURE PRODUCE CO OPERATIVE MARKETING AND POROCESSING SOCIETY LTD KOLAR BRANCH KOLARA - 563 101 REPRESENTED BY ITS MANAGER …RESPONDENTS Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33531 WP No. 17567 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED SUSPENSION ORDER PASSED BY 1ST RESPONDENT HCS/KA.NI(AA)SIBBANDI/VINI-4/86/2026-27 DATED 30-05-2026 VIDE ANNEXURE N AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this petition seeking the following prayer: a) issue a Writ of Certiorari quashing the impugned suspension order passed by 1st respondent HCS/Ka.Ni(Aa)Sibbandi/VINI-4/86/2026-27 dated 30.05.2026 vide Annexure N. b) Grant such other relief/s as deemed fit to grant in the facts and circumstances of the case. 2. The brief facts leading rise to the filing of this petition are that the petitioner has challenged the order at Annexure –N. - 3 - HC-KAR NC: 2026:KHC:33531 WP No. 17567 of 2026 3. The petitioner has got an efficacious remedy under the provisions of the Karnataka Co-operative Societies Act, 1959. The petitioner without exhausting an efficacious remedy, filed this petition. In view of the proposition laid down by the Hon'ble Apex Court in case of Rikhab Chand Jain Vs. Union of India in Civil appeal No.6719/2012 disposed of on 12.11.2025, wherein the Hon'ble Apex Court held that if a remedy is available to the party before the jurisdiction, the writ jurisdiction should not normally be exercised on a petition under Article 226 of the Constitution of India, that would allow the machinery set up by the concerned statute to be bypassed, the Writ Petition is liable to be dismissed. 4. Accordingly, the Writ Petition is dismissed. 5. Liberty is reserved to the petitioners to challenge the impugned order before an appropriate forum. - 4 - HC-KAR NC: 2026:KHC:33531 WP No. 17567 of 2026 6. If the petitioners challenge the impugned order before an appropriate forum, the petitioner is entitled for benefit under Section 14 of the Limitation Act. 7. The registry is directed to return the certified copies/originals of the documents produced, along with the annexures after retaining the photocopy of the same. Sd/- (ASHOK S.KINAGI) JUDGE BVK; List No.: 1 Sl No.: 25