- 1 - HC-KAR CNR: KAHC010112382025 NC: 2026:KHC:42193 WP No. 5825 of 2025 C/W WP No. 12175 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 5825 OF 2025 (CS-RES) C/W WRIT PETITION NO. 12175 OF 2024 (CS-RES) IN WP No. 5825/2025 BETWEEN: 1. D.T.PUTTASWAMY S/O THAMMAIAH AGED ABOUT 62 YEARS R/AT DANAYAKANAPURA KERAGODU HOBLI, MANDYA TALUK MANDYA-571 419. 2. D.P. VINUTHA W/O D.P.MANJU AGED ABOUT 28 YEARS R/AT DANAYAKANAPURA VILLAGE KERAGODU HOBLI, MANDYA TALUK MANDYA-571 419. …PETITIONERS (BY SRI. JEEVAN KUMAR B.S., ADVOCATE) AND: 1. DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.610, 6TH FLOOR MS BUILDING, BENGALURU Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010112382025 NC: 2026:KHC:42193 WP No. 5825 of 2025 C/W WP No. 12175 of 2024 REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT-560 001. 2. THE REGISTRAR DEPARTMENT OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD BENGALURU-560 001. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SUBHASNAGAR 1ST CROSS MANDYA-573 201. 4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA SUB-DIVISION PUBLIC OFFICES BUILDING OPP TO CORPORATION OFFICE NEW SAYYAJI RAO ROAD MYSURU-24. 5. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA SUB-DIVISION SUBHASNAGAR, 1ST CROSS MANDYA-573 201. 6. MILK PRODUCERS CO-OPERATIVE SOCIETY DANAYAKANAPURA KERAGODU HOBLI MANDYA TALUK AND MANDYA-571 419 REPRESENTED BY ITS SECRETARY. (REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT 1956) …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1 TO R5; SRI. NISCHAL DEV, ADVOCATE FOR R6) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 25.03.2024 BEARING - 3 - HC-KAR CNR: KAHC010112382025 NC: 2026:KHC:42193 WP No. 5825 of 2025 C/W WP No. 12175 of 2024 NO.AR39/DDS/disqualification/38/2023-24 and bearing NO.39/DDS/disqualification/49/2023-24 PASSED BY RESPONDENT NO.5 DISQUALIFYING THE PETITIONERS (ANNEXYRES-M AND N) AND ETC. IN WP NO. 12175/2024 BETWEEN: 1. SRI. AMARESH D.C. S/O SRI. CHANNEGOWDA AGE: 60 YEARS OCC: PRESIDENT OF DHANAKAYANAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY O/AT: DHANAYAKANAPURA VILLAGE MANDYA TALUK MANDYA DISTRICT-571 428. 2. SMT. GEETHA W/O SRI. S. PUTTASWAMY AGE: 32 YEARS OCC: VICE PRESIDENT OF DHANAKAYANAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY O/AT: DHANAYAKANAPURA VILLAGE MANDYA TALUK MANDYA DISTRICT-571 428. 3. SRI. VENKATAPPA S/O LATE VENKATASHETY AGE: 61 YEARS OCC: DIRECTOR OF DHANAKAYANAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY O/AT: DHANAYAKANAPURA VILLAGE MANDYA TALUK MANDYA DISTRICT-571 428. 4. SRI. VENKATESH - 4 - HC-KAR CNR: KAHC010112382025 NC: 2026:KHC:42193 WP No. 5825 of 2025 C/W WP No. 12175 of 2024 S/O SRI. DONNEKALEGOWDA AGE: 50 YEARS OCC: DIRECTOR OF DHANAKAYANAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY O/AT: DHANAYAKANAPURA VILLAGE MANDYA TALUK MANDYA DISTRICT-571 428. 5. SRI. MARISWAMY S/O SRI. THAMANNA AGE: 58 YEARS OCC: DIRECTOR OF DHANAKAYANAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY O/AT: DHANAYAKANAPURA VILLAGE MANDYA TALUK MANDYA DISTRICT-571 428. 6. SMT. MANGALA W/O SRI. RAMAKRISHNA AGE: 53 YEARS OCC: DIRECTOR OF DHANAKAYANAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY O/AT: DHANAYAKANAPURA VILLAGE MANDYA TALUK MANDYA DISTRICT-571 428. 7. SRI. SHIVAKUMAR D.S. S/O SRI. SHIVARAMAIAH AGE: 40 YEARS OCC: DIRECTOR OF DHANAKAYANAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY O/AT: DHANAYAKANAPURA VILLAGE MANDYA TALUK MANDYA DISTRICT-571 428. 8. SRI. PUTTALINGIAAH - 5 - HC-KAR CNR: KAHC010112382025 NC: 2026:KHC:42193 WP No. 5825 of 2025 C/W WP No. 12175 of 2024 S/O SRI. KALEGOWDA AGE: 57 YEARS OCC: DIRECTOR OF DHANAKAYANAPURA MILK PRODUCERS CO-OPERATIVE SOCIETY O/AT: DHANAYAKANAPURA VILLAGE MANDYA TALUK MANDYA DISTRICT-571 428. ...PETITIONERS (BY SRI. RAVINDRA PRASAD B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA CO-OPERATIVE DEPARTMENT M.S.BUILDING BENGALURU-560 001 REP BY SECRETARY. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALIASKAR ROAD BANGALORE-560 001. 3. THE ADDITIONAL REGISTRAR OF CO OPERATIGE SOCIETIES NO.1, ALIASKAR ROAD BANGALORE-560 001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA SUB-DIVISION MANDYA-571 428. 5. THE DHANAYAKANAPURA MILK PRODUCERS CO-OPERATIVE LTD. O/AT: DHANAYAKANAPURA VILLAGE MANDYA TALUK MANDYA DISTRICT-571 428. REP BY ITS SECRETARY. REGISTERED UNDER CO-OPERATIVE - 6 - HC-KAR CNR: KAHC010112382025 NC: 2026:KHC:42193 WP No. 5825 of 2025 C/W WP No. 12175 of 2024 SOCIETIES ACT, 1959. ...RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1 TO R4; SRI. NISCHAL DEV, ADVOCATE FOR R5) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER NO.AR39/DDS/ANHARTHE/47/2023-24 DATED 25.03.2024 ISSUED BY RESPONDENT NO.4 TO PETITIONER NO.1 VIDE ANNEXURE-F TO THE WRIT PETITION AND ETC. THESE PETITIONS 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. The proceedings under Section 29C of the Karnataka Co-operative Societies Act, 1959 (for short 'the Act, 1959') were initiated against the petitioners who are the present Board Members of the Milk Producers Co-operative Society, Danayakanapura, Keragodu Hobli and they have been disqualified on the ground that the Co-operative Society, without obtaining necessary permission from the competent authority, illegally passed a resolution and - 7 - HC-KAR CNR: KAHC010112382025 NC: 2026:KHC:42193 WP No. 5825 of 2025 C/W WP No. 12175 of 2024 constructed a compound wall and also on several other allegations as mentioned in the impugned orders. Aggrieved by the same, the present petitions are filed challenging the impugned orders. 2. On 27.05.2024, this Court in W.P.No.12175/2024 has passed the following order: "Learned Additional Government Advocate is directed to take notice for respondents No.1 to 4. Issue notice to respondent No.5. Learned counsel for the petitioners is directed to serve a copy of the writ petition along with annexures on the learned AGA. Learned counsel for the petitioners submits that action is sought to be taken against the petitioners on an allegation that a compound wall has been put up around the building belonging to the 5th respondent Society without taking permission from the competent authority. Learned counsel submits that the compound wall was constructed not during the term of the petitioners but it was done during the term of the previous committee. Although this aspect of the matter is brought to the notice of the 4th respondent - Assistant Registrar of Co-operative Societies, - 8 - HC-KAR CNR: KAHC010112382025 NC: 2026:KHC:42193 WP No. 5825 of 2025 C/W WP No. 12175 of 2024 nevertheless he has proceeded to pass the impugned orders disqualifying the petitioners individually. Moreover, no opportunity of hearing is given to the petitioners. Per contra, learned AGA seeks to contend that action has been taken against the petitioners on the ground that they have not complied with the directions issued by the competent authority in terms of Section 68 of the Karnataka Co-operative Societies Act, whereby the petitioners being the Directors of the 5th respondent Society were required to recover the amount spent on the construction of the compound wall. Moreover, it is submitted that an appeal remedy is available for the petitioners in terms of Section 106 of the Act. Learned counsel for the petitioners submits that when the impugned orders do not animate the application of mind on the part of the Assistant Registrar of Co-operative Societies to the submission made by the petitioners that the compound wall was put up not during the term of present managing committee, while it is done during the term of the previous committee, and since there is denial of principles of natural justice, the petitioners should not be relegated to go before the Appellate Authority. - 9 - HC-KAR CNR: KAHC010112382025 NC: 2026:KHC:42193 WP No. 5825 of 2025 C/W WP No. 12175 of 2024 Learned counsel for the petitioners has made out a prima-facie case. Consequently, there shall be ad-interim order of stay of the impugned orders at Annexures-F to F7, till the next date of hearing." 3. On 06.03.2025, this Court in W.P.No.5825/2025 has passed the following order: "1. Learned AGA is directed to accept notice for respondents No.1 to 5. 2. Sri.Nischal Dev., learned counsel is directed to accept notice for respondent No.6. 3. Registry is directed to connect the above matter with WP No.12175/2024. In view of the interim order passed therein dated 27.5.2024, the impugned orders at Annexure-M and N are stayed till next date of hearing. 4. Re-list on 27.3.2025." 4. The petitioners do not dispute the allegations about wrongdoings by the Board of the Milk Producers Co- operative Society, but submit they were not the members of the Board when such a decision was taken. It is submitted that it is the previous Board which committed the said mistake and in fact the said malfeasance and - 10 - HC-KAR CNR: KAHC010112382025 NC: 2026:KHC:42193 WP No. 5825 of 2025 C/W WP No. 12175 of 2024 misfeasance by the previous Board were brought to light by some of the petitioners themselves. It is further submitted that the impugned order has been passed without application of mind. 5. Learned AGA upon instructions, submits that, he is not sure whether petitioners were members of the Board or not when an erroneous decision was taken by the Society. However, he submits that the petitioners are having an alternative and efficacious remedy under Section 106 of the Act, 1959. 6. As the petitioners are having an alternative and efficacious remedy, I am of the opinion that interest of justice will be served if petitioners are relegated to the appellate authority, however by continuing the interim orders passed by this Court till the appellate authority takes such a decision. 7. Hence, the following: - 11 - HC-KAR CNR: KAHC010112382025 NC: 2026:KHC:42193 WP No. 5825 of 2025 C/W WP No. 12175 of 2024 ORDER i. The writ petition is disposed of with the liberty to the petitioners to approach the appellate authority in the manner known to law; ii. The interim orders granted by this Court in favour of the petitioners shall continue to operate till an appropriate decision is taken by the appellate authority in the manner known to law, provided the petitioners prefer an appeal within six weeks from today; iii. If petitioners would prefer such an appeal, they would be entitled to benefit under Section 14 of the Limitation Act, 1963; iv. It is hereby made clear that no opinion is expressed on the merits of the case and the appellate authority shall decide the same in - 12 - HC-KAR CNR: KAHC010112382025 NC: 2026:KHC:42193 WP No. 5825 of 2025 C/W WP No. 12175 of 2024 accordance with law independent of the observations made hereinabove. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 45