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2026 DAILYLAW 31922 (KAR)

SRI. MAHESHA. M. K. v. THE STATE OF KARNATAKA

WP/6138/2025 · 2026-07-08

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:34271 WP No. 6138 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 6138 OF 2025 (CS-RES) BETWEEN: 1. SRI. MAHESHA M.K. S/O KADEGOWDA AGED ABOUT 40 YEARS OCC: HORTICULTURE MOODYA VILLAGE, KOPPA HOBLI MADDURU TALUK MANDYA-571 425. …PETITIONER (BY SRI. P.D. SUBRAMANYA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BENGALURU-560 001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE AT BEHIND SIDDARTHA TALKIES SUBHASH NAGAR MANDYA-571 401. 3. THE ASSISTANT REGISTRAR OF Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34271 WP No. 6138 of 2025 CO-OPERATIVE SOCIETIES MANDYA SUB-DIVISION OFFICE AT CO-OPERATIVE UNION BUILDING 1ST FLOOR, ASHOK NAGAR MANDYA-571 401. 4. THE MANDYA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD. (REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) GEJJALAGERE-571 428, MADDUR TALUK MANDYA DISTRICT. REPRESENTED BY ITS MANAGING DIRECTOR. 5. THE MILK PRODUCER CO-OPERATIVE SOCIETY LTD., MOODYA (REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) AT MOODYA VILLAGE, KOPPA HOBLI MADDURU TALUK, MANDYA-571 425. REPRESENTED BY ITS CHAIRMAN AND DIRECTOR. 6. SRI. CHANNEGOWDA S/O MOTEGWODA AGED ABOUT 59 YEARS R/O MOODYA VILLAGE KOPPA HOBLI, MADDURU TALUK MANDYA-571 425. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 TO R3; SRI. B.L.SANJEEV, ADVOCATE FOR R4; SRI. K.ANANDA, ADVOCATE FOR R5 AND R6) - 3 - HC-KAR NC: 2026:KHC:34271 WP No. 6138 of 2025 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER DIRECTING THE RESPONDENT NO.3 INITIATE THE APPROPRIATE PROCEEDING TO DEREGISTER THE RESPONDENT NO.5 SOCIETY AND CANCEL THE REGISTRATION CERTIFICATE ISSUED IN FAVOUR OF THE RESPONDENT NO.5 SOCIETY (ANNEXURE-N DATED 30.12.2024) IN THE INTEREST OF LAW EQUITY AND JUSTICE AND 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 ORAL ORDER 1. Aggrieved by the registration of respondent no.5- Society, petitioner has filed the present writ petition with the following payers: "i. Issue writ of mandamus or any other writ or order directing the respondent No.3 initiate the appropriate proceeding to deregister the respondent No.5 society and cancel the registration certificate issued in favour of the respondent No.5 society (Annexure-N - 4 - HC-KAR NC: 2026:KHC:34271 WP No. 6138 of 2025 dtd:30.12.2024) in the interest of law equity and justice. Or in the alternative ii. Issue writ of mandamus or any other writ or order directing the respondent No.3 authority to initiate appropriate proceedings to regulate the respondent No.5 society including holding election to the 'Board' of the respondent No.5 society after issuing membership to all the eligible and interested residents of the village and after preparing the fresh list of members, in the interest of law equity and justice. iii. Pass/ grant any other ancillary relief/s including the cost of this petition which this Hon'ble Court deems fit under the facts and circumstances of the case." 2. It is seen that, the petitioner is having an alternative and efficacious remedy under Section 106(1)(a) of the Karnataka Co-operative Societies Act, 1959. 3. For the aforementioned reason, the writ petition is hereby dismissed reserving the liberty to the petitioner to approach the appropriate authority in the manner known to law. - 5 - HC-KAR NC: 2026:KHC:34271 WP No. 6138 of 2025 4. If the petitioner prefers an appeal, he will be entitled to the benefit of Section 14 of the Limitation Act, 1963. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 53