- 1 - HC-KAR CNR: KAHC010005622025 NC: 2026:KHC:39631 WP No. 498 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 498 OF 2025 (CS-RES) BETWEEN: 1. SMT. JAYAMMA W/O LATE SADASHIVAPATIL S.C. AGED ABOUT 80 YEARS R/AT NO.3, HOSAHALLI MUNDUVALLI, HEDDUR POST THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT-577 412. …PETITIONER (BY SRI. PRADEEP NAIK K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001. REP. BY ITS SECRETARY. 2. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (CONSUMER AND MARKETING) NO.1, ALI ASKAR ROAD VASANTHNAGAR BENGALURU-560 052. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010005622025 NC: 2026:KHC:39631 WP No. 498 of 2025 3. THE MANAGING DIRECTOR THE MALNAD ARECA MARKETING CO-OPERATIVE SOCIETY LTD. A.P.M.C. YARD, SAGAR ROAD SHIVAMOGGA-577 024. 4. YOGISH S.PATIL S/O LATE SADASHIA PATIL S.C. AGED ABOUT 62 YEARS R/AT SHIVAGANGA NILAYA SHIVAGANGA LAYOUT HOLEHONNUR ROAD, PURALE OPP. SUBBAIAH MEDICAL COLLEGE HOLEBENAVALLI SHIVAMOGGA DISTRICT-577 222. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 AND R2; SRI. DESHRAJ, ADVOCATE FOR R3; SRI. D.R.RAVISHANKAR, SENIOR COUNSEL FOR SRI. H.S.SANTHOSH, ADVOCATE FOR R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING THE 3RD RESPONDENT-THE MANAGING DIRECTOR, THE MALNAD ARECA MARKETING CO- OPERATIVE SOCIETY LTD., A.P.M.C. YARD, SAGAR ROAD, SHIVAMOGGA-577024 TO RELEASE THE AMOUNT OUTSTANDING IN SHARE NO.3870 TO THE TUNE OF RS.10,00,000/- AS PER F.D. RECEIPT VIDE ANNEXURES-D AND E RESPECTIVELY IN FAVOUR OF THE PETITIONER AND ETC. - 3 - HC-KAR CNR: KAHC010005622025 NC: 2026:KHC:39631 WP No. 498 of 2025 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. One late Sadashiva Patil S.C. was a member of respondent no.3-Society. After his death, there is a dispute between petitioner and respondent no.4, regarding who is the legal heir of deceased Sadashiva Patil S.C. and who is entitled to succeed to his interest in respondent no.3-Society. When this is the situation, petitioner herein has filed the present petition with the following prayers: "a) Issue a writ of mandamus, directing the 3rd respondent the Managing Director, the Malnad Areca Marketing Co-operative Society Ltd., APMC Yard, Sagar Road, Shivamogga-577024 to release the amount outstanding in share No. 3870 to the tune of Rs. 10,00,000/- as per F.D. receipt vide Annexure-D and E respectively in favour of the petitioner. - 4 - HC-KAR CNR: KAHC010005622025 NC: 2026:KHC:39631 WP No. 498 of 2025 b) Issue a writ of mandamus, directing the 3rd respondent the Managing Director, the Malnad Areca Marketing Co-operative Society Ltd., APMC Yard, Sagar Road, Shivamogga-577024 to release the amount outstanding in the S.B. Account of Late Sadashiva Patil S.C. to the tune of Rs. 1,43,127/- as admitted by the 3rd respondent in its Ledger Extract vide Annexure G to the writ petition in favour of the petitioner in the interest of justice and equity. c) Issue a writ of mandamus, directing the 3rd respondent the Managing Director, the Malnad Areca Marketing Co-operative Society Ltd., APMC Yard, Sagar Road, Shivamogga-577024 to release Arecanut of 3929.40 kgs of 54 bags in favour of the petitioner forthwith, in the interest of justice and equity. d) Issue a writ of mandamus, directing the 2nd respondent the Additional Registrar of Co- operative Societies (Consumer and Marketing) No.1, Ali Askar Road, Bengaluru 560052 to consider the representation dated 05-11-2024 made by the petitioner vide Annexure M to the writ petition, in the interest of justice and equity. - 5 - HC-KAR CNR: KAHC010005622025 NC: 2026:KHC:39631 WP No. 498 of 2025 e) Pass such other order/s as the petitioner is entitled to in the facts and circumstances of the case including the cost of the proceedings, in the interest of justice and equity." 2. In the meanwhile, certain amounts belonging to late Sadashiva Patil S.C. were lying in the hands of respondent no.3-Society, because of which, this Court directed respondent no.3-Society to invest the same in an interest bearing Fixed Deposit in a Nationalized Bank and it is submitted that respondent no.3-Society has invested the same in a Fixed Deposit in Canara Bank. 3. It is not in dispute that the lis between petitioner and respondent no.4 involves disputed question of facts, and they will have to approach the competent forum to get a decision as to who is the appropriate legal heir of late Sadashiva Patil S.C. and in the present proceedings the same cannot be decided. Without deciding whether petitioner is a legal heir of late Sadashiva Patil S.C. or not, the prayers made in the petition cannot be granted. - 6 - HC-KAR CNR: KAHC010005622025 NC: 2026:KHC:39631 WP No. 498 of 2025 4. For the aforementioned reasons, reserving the liberty to the petitioner to approach the appropriate forum in accordance with law, the writ petition stands dismissed. The deposit kept in the Fixed Deposit by respondent no.3- Society shall be renewed periodically till the parties concerned are in a position to resolve their dispute and obtain necessary orders from the appropriate forum. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 49