VITTAL PADNOOR AGRICULTURAL SERVICE COOPERATIVE SOCIETY LIMITED v. STATE OF KARNATAKA
WP/25564/2024 · 2026-08-06
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35635 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35635 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 22400 OF 2024 (CS-RES) C/W WRIT PETITION NO. 2372 OF 2024 (CS-RES) WRIT PETITION NO. 3068 OF 2024 (CS-RES) WRIT PETITION NO. 3368 OF 2024 (CS-RES) WRIT PETITION NO. 22379 OF 2024 (CS-RES) WRIT PETITION NO. 25495 OF 2024 (CS-RES) WRIT PETITION NO. 25564 OF 2024 (CS-RES) WRIT PETITION NO. 25937 OF 2024 (CS-RES) WRIT PETITION NO. 26408 OF 2024 (CS-RES)
IN WP No. 22400/2024 BETWEEN:
1.
KAVALAPADUR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED A CO-OP. SOCIETY REGISTERED UNDER THE KARNATAKA CO-OP SOCIETIES ACT, 1959 NO. DRP:RGN.13750:94-95 VAGGA, BANTWALA TALUK D.K.DISTRICT-574 265 REPRESENTED BY ITS PRESENT PRESIDENT K. PRAMOD KUMAR RAI K S/O LATE H. NARAYANA RAI AGED 51 YEARS R/AT VAGGA, BANTWAL TALUK D.K.DISTRICT-574 265
2.
AMMU RAI P S/O DESHINGA RAI
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
AGED 80 YEARS R/AT 1-16/1, HARKADI HOUSE KUDAMBETTU VILLAGE BANTWAL TALUK D.K.DISTRICT-574 324
3.
JINARAJA ARIGA P S/O NEMIRAJA KADAMBA AGED 84 YEARS R/AT 2-123, PACHAJE HOUSE KAVALAPADUR VILLAGE BANTWAL TALUK D.K.DISTRICT-574 265
4.
SHIVAPRASAD B S/O KRISHNA KAMATH AGED 47 YEARS R/AT ALAMPURI HOUSE KAVALAPADUR VILLAGE BANTWAL TALUK D.K.DISTRICT-574 265 …PETITIONERS (BY SRI. KESHAVA BHAT A., ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BANGALORE-560 001
2.
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALORE SUB-DIVISION CENTRAL CO-OPERATIVE BANK BUILDING K.S.RAO ROAD, KODIYALBAIL MANGALORE-575 003
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CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
D.K.DISTRICT
3.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD VASANTHA NAGAR BANGALORE 560052 …RESPONDENTS (BY SRI. YOGESHA D. NAIK, AGA)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED
ORDER OF RESPONDENT NO.2 ASSISTANT REGISTRAR OF THE CO-OPERATIVE SOCIETIES, DATED 13.06.2024 IN NO.AR36:S4:65:AMD:2023-24 (ANNEXURE-A) AND DATED 15.12.2023 IN NO.AR36:S4:96:AMD:2023-24 (ANNEXURE-B) AND ETC. IN WP NO. 2372/2024 BETWEEN:
1. PADAVU VYAVASAY SEVA SAHAKARI SANGHA NIYAMITHA NO.DRG/S2554/76-77 A CO-OPERATIVE SOCIETY REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT, 1959 YASHASWI SOUDHA, PADAVU KAIKAMBA, KULSHEKAR MANGALORE-575 005 REPRESENTED BY ITS PRESIDENT SMT. SUMANA SHARAN W/O MR. SHARAN AGED 51 YEARS R/AT MANGALORE
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CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
D.K.DISTRICT-575 005
2. MR. GAUTHAM NORONHA S/O LATE J.S NORONHA AGED 48 YEARS BAYADI HOUSE MARAKADA VILLAGE AND POST KUNJATHABAIL MANGALORE-575 015
3. MR. SADASHIVA KOTIAN S/O LATE JINNAPPA AGED 63 YEARS KAKKEBETTU HOUSE MAHAKALI ROAD POST KULSHEKARA MANGALORE-575 005
4. MR. SHIVARAMA BHANDARY S/O NARAYANA BHANDARY AGED 65 YEARS PADAVU MEGINAMANE POST KULSHEKARA MANGALORE-575 005
...PETITIONERS (BY SRI. KESHAVA BHAT A., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BANGALORE-560 001
2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALORE SUB DIVISION, CENTRAL CO-OPERATIVE BANK BUILDING
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CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
K.S.RAO ROAD, KODIYALBAIL MANGALORE-575 003 D.K.DISTRICT
3. THE REGISTRAR DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD VASANTHA NAGAR BANGALORE-560 052 ...RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER OF RESPONDENT NO.2 ASSISTANT REGISTRAR OF THE CO-OPERATIVE SOCIETIES, DATED 15.12.2023 IN NO.JDgï36:J¸ï4:65:JJAr:2023-24 VIDE ANNEXURE-A AND ETC. IN WP NO. 3068/2024 BETWEEN:
1. PANEMANGALURU RAITHARA SEVA SAHAKARI SANGHA NIYAMITHA NO.DRP/S9/RGN/41223/2013-14 A CO-OPERATIVE SOCIETY REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT, 1959 PANEMANGALURU BANTWAL TALUK D.K.DISTRICT-574 231 REPRESENTD BY ITS PRESIDENT SRI. JAYASHANKAR BASRITHAYA S/O LATE ANANTHRAMA BASRITHYA AGED 62 YEARS R/AT PANEMANGALURU BANTWAL TALUK D.K. DISTRICT-574 231
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CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
2. SRINIVASA BHAT N S/O ANNI BHAT N AGED 53 YEARS NAGRI HOUSE SAJIPAMOODA VILLAGE AND POST BANTWAL TALUK, D.K.- 574231
3. JNANESHWARA PRABHU S/O SEETHARAMA PRABHU AGED 49 YEARS BOLANGADI HOUSE PANEMANGALURU VILLAGE AND POST BANTWAL TALUK, D.K- 574 231
4.
KESHAVA P.
S/O ISHWARA POOJARY AGED 64 YEARS PALLATTILA HOUSE NARIKOMBU POST AND VILLAGE BANTWAL TALUK, D.K.-574 231
...PETITIONERS (BY SRI. KESHAVA BHAT A, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECERTARY DEPARTEMNT OF CO-OPERATION VIDHANA SOUDHA BANGALORE-560 001
2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETEIS MAGNALORE SUB DIVISION CENTRAL CO-OPERATIVE BANK BUILDING K.S.RAO ROAD, KODIYABAIL MANGALORE-575 003 D.K.DISTRICT
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CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
3. THE REGISTRAR DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD VASANATH NAGAR BANGALORE-560 052
4. SOUTH CANARA DISTRICT CENTRAL CO-OP BANK LTD REPRSENTED BY ITS CHIEF EXECUTIVE OFFICER HEAD OFFICE UTHKRUSHTA SAHAKARI SOUDHA KODIALBAIL MANGALORE-575 003 ...RESPONDENTS (BY SRI. YOGES D. NAIK, AGA FOR R1 TO R3;
SRI. RAKSHITH KUMAR, ADVOCATE FOR R4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER OF RESPONDENT NO.2 ASSISTANT REGISTRAR OF THE CO-OPERATIVE SOCIETIES, DATED 15.12.2023 IN NO.JDgï36:J¸ï4:65:JJAr:2023-24 VIDE ANNEXURE-A AND ETC. IN WP NO.3368/2024 BETWEEN:
1. KALLADKA RAITHARA SEVA SAHAKARA SANGHA NIYAMITHA NO.DRP/S9/RGN/41224/2014-15 A CO-OPERATIVE SOCIETY REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT 1959 KALLADKA, BANTWAL TALUK D.K. DISTRICT-574 222 REPRESENTED BY ITS PRESIDENT SRI GIRIYAPPA GOWDA S/O LATE MANJAPPA GOWDA ADDEYI
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CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
AGED 64 YEARS R/AT KALLADKA, BANTWAL TALUK D.K.DISTRICT-574 222
2. SURESH SHETTY S/O YOGENDRA SHETTY AGED 56 YEARS KANDILA HOUSE BALTHILA VILLAGE AND POST BANTWAL TALUK, D.K-574 222
3. NONAYYA M.R S/O RAMA RANYA AGED 45 YEARS SRI LAKSHMI NILAYA, MAJI VEERAKAMBHA VILLAGE AND POST BANTWAL TALUK, D.K -574 222
4. LOKANANDA S/O VEERAPPA POOJARY AGED 56 YEARS YELTHIMAR HOUSE BALTHILA, KALLADKA POST BANTWAL TALUK , D.K-574 222 ...PETITIONERS (BY SRI. KESHAVA BHAT A, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO OPERATION, VIDHANA SOUDHA BANGALORE-560 001
2.
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALORE SUB-DIVISION CENTRAL CO-OPERATIVE BANK BUILDING K.S.RAO ROAD
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HC-KAR
CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
KODIYALBAIL MANGALORE-575 003 D.K. DISTRICT
3. THE REGISTRAR DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.01 ALI ASKAR ROAD VASANTHA NAGAR BANGALORE-560 052
4. SOUTH CANARA DISTRICT CENTRAL CO-OP BANK LTD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER HEAD OFFICE UTHKRUSHTA SAHAKARI SOUDHA KODIALBAIL, MANGALORE-575 003 REG. UNDER CO-OP. SOCIETY ACT 1959. ...RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3 SRI. RAKSHITH KUMAR, ADVOCATE FOR R4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER OF RESPONDENT NO.2 ASSISTANT REGISTRAR OF THE CO-OPERATIVE SOCIETIES, DATED 15.12.2023 IN NO.JDgï36:J¸ï4:65:JJAr:2023-24 VIDE ANNEXURE-A AND ETC. IN WP NO. 22379/2024 BETWEEN:
1. AMTADY AGRICULTURAL SERVICE CO-OPERATIVE SOCIETY LIMITED NO.DRG/S/2605/76-77 POST :MODANKAPU, BANTWAL TALUK D.K.DISTRICT-574 219
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CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
REPRESENTED BY ITS PRESENT PRESIDENT SMT. MALLIKA V SHETTY W/O LATE VASANTH SHETTY AGED 53 YEARS R/AT AMTADY, POST:MODANKAPU BANTWAL TALUK D.K.DISTRICT-574 259 REG UNDER KARNATAKA CO-OP SOCIETY ACT, 1959
2. ANIL PINTO S/O STANY PINTO AGED 83 YEARS 5-190(1), ERKULA, AMTADY VILLAGE BANTWAL TALUK D.K.DISTRICT-574 219
3. B. SURESH BHANDARY S/O A. VASANTHA BHANDARY AGED 64 YEARS R/AT 5-55, ARBI HOUSE KALLIGE POST AND VILLAGE BANTWAL TALUK D.K.DISTRICT-574 219
4. AITHAPPA SAPALYA S/O POOVA SAPALYA AGED 71 YEARS R/AT 5-134 MUNDAJE KALLIGE POST AND VILLAGE BANTWAL TALUK D.K.DISTRICT-574 219 ...PETITIONERS (BY SRI. KESHAVA BHAT A, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION
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HC-KAR
CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
VIDHANA SOUDHA BANGALORE-560 001
2.
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALORE SUB DIVISION CENTRAL CO-OPERATIVE BANK BUILDING K.S.RAO ROAD, KODIYALBAIL MANGALORE-575 003 D K DISTRICT
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1 ALI ASKAR ROAD VASANTHA NAGAR BANGALORE-560 052 ...RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER OF RESPONDENT NO.2 ASSISTANT REGISTRAR OF THE CO-OPERATIVE SOCIETIES, DATED 13.6.2024 IN NO.AR36:S5:96:AMD:2023-24 (ANNEXURE-A) AND DATED 15.12.2023 IN NO.AR36:S5:65:AMD:2023-24 (ANNEXURE- B) AND ETC. IN WP NO. 25495/2024 BETWEEN:
1. KAIRANGALA AGRICULTURAL SERVICE CO-OPERATIVE SOCIETY LIMITED NO. DRG/S/2606/1976-77 KAIRANGALA POST:KAIRANGALA ULLALA TALUK D.K.DISTRICT-574 153 REPRESENTED BY ITS PRESENT PRESIDENT
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CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
M. MAHESH CHOWTA S/O RAMAKRISHNA CHOWTA AGED 65 YEARS R/A CHAKRAKODI BALEPUNI VILLAGE AND POST ULLALA TALUK D.K.DISTRICT-574 153 REG UNDER KARNATAKA CO-OP. SOCIETIES ACT, 1959
2. MAHAMMAD MUNEER S/O ABDUL KHADAR AGED ABOUT 37 YEARS R/AT THOTAL HOUSE KAIRANGALA VILLAGE AND POST ULLALA TALUK D.K.DISTRICT-574 153
3. UDAYA SHANKAR S/O BALAKARISHNA SHETTY AGED 51 YEARS R/AT BALATHODU HOUSE NARINGANA VILLAGE AND POST ULLALA TALUK D.K.DISTRICT-574 153
4. USHARAM W/O SETHARAMA AGED 61 YEARS R/AT D.G.KATTE HOUSE KAIRANGALA POST BANTWALA TALUK D.K.DISTRICT-574 153 ...PETITIONERS (BY SRI. KESHAVA BHAT A, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY
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HC-KAR
CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BANGALORE 560 001
2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALORE SUB DIVISION CENTRAL CO-OPERATIVE BANK BUILDING K.S.RAO ROAD KODIYALBAIL MANGALORE-575 003 D.K.DISTRICT
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES DEPARTMETN OF CO-OPERATIVE SOCIETIES NO.1 ALI ASKAR ROAD VASANTHA NAGAR BANGALORE-560 052 ...RESPONDENTS (BY SMT.
SPOORTHI V, HCGP) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER OF RESPONDENT NO.2 ASSISTANT REGISTRAR OF THE CO-OPERATIVE SOCIETIES, DATED 13.06.2024 IN NO.AR36:S4:96:AMD:2023-24 (ANNEXURE-A) AND DATED 15.12.2023 IN NO.AR36:S4:65:AMD:2023-24 (ANNEXURE- B) AND ETC. IN WP NO. 25564/2024 BETWEEN:
1. VITTAL PADNOOR AGRICULTURAL SERVICE CO-OPERATIVE SOCIETY LIMITED NO.DRG/S/2610/1976-77 POST KODANGAYI BANTWALA TALUK
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D.K. DISTRICT 574 243
REPRESENTED BY ITS PRESENT PRESIDENT K. SUBHASCHANDRA SHETTY S/O LATE ANANDA SHETTY AGED 55 YEARS R/A KODANGAYI BANTWALA TALUK D.K.DISTRICT-574 243 REG UNDER KARNATAKA CO-OPP SOCIETIES ACT, 1959
2. RAMESHCHANDRA P S/O THIRUMALESHWARA BHAT P AGED 57 YEARS R/AT PANCHAMI, KUKKILA HOUSE VITTAL PADNUR VILLAGE KODAPADAVU POST, BANTWAL TALUK D.K. DISTRICT 574 222
3. SANDESH SHETTY B.
S/O SANJEEVA SHETTY B AGED 50 YEARS R/AT BIKNAJE HOUSE VITTAL PADNUR VILLAGE KODAPADAVU POST BANTWAL TALUK D.K. DISTRICT 574 222
4. HARISHA M S/O KRISHNAPPA SALYAN AGED 54 YEARS R/AT MANKUDE HOUSE KOLNADU VILLAGE AND POST BANTWAL TALUK, D.K. DISTRICT 574 323 ...PETITIONERS (BY SRI. KESHAVA BHAT A, ADVOCATE)
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CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BANGALORE-560 001
2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALORE SUB-DIVISION CENTRAL CO-OPERATIVE BANK BUILDING K.S.RAO ROAD, KODIYALBAIL MANGALORE-575 003 D.K.DISTRICT
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD VASANTHA NAGAR BANGALORE 560 052 ...RESPONDENTS (BY SMT. SPOORTHI V, HCGP) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER OF RESPONDENT NO.2 ASSISTANT REGISTRAR OF THE CO-OPERATIVE SOCIETIES, DATED 13.03.2024 IN NO.AR36:S4:96:AMD:2023-24 (ANNEXURE-A) AND DATED 15.12.2023 IN NO.AR36:S4:65:AMD:2023-24 (ANNEXURE- B) AND ETC. IN WP NO. 25937/2024 BETWEEN:
1.
NERALAKATTE CO-OPERATIVE AGRICULTURAL SOCIETY LIMITED REG UNDER KARNATAKA CO-OP
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SOCIETIES ACT 1959, NO.2694 NERALAKATTE VILLAGE NERALAKATTE POST BANTWAL TALUK D.K.DISTRICT-574 253 REPRESENTED BY ITS PRESENT PRESIDENT PUSHPARAJA CHOWTA S/O LATE VENKAPPA CHOWTA AGED 50 YEARS NERALAKATTE VILLAGE NERALAKATTE POST BANTWAL TALUK D.K.DISTRICT - 574253
2. THANIYAPPA GOWDA D S/O AITHAPPA GOWDA AGED 62 YEARS, R/AT DASAKODI HOUSE NETLAMUDNUR VILLAGE NERALAKATTE POST BANTWAL TALUK D.K.DISTRICT-574 253
3. SANATH KUMAR RAI S/O MAHABALA RAI AGED 44 YEARS R/AT TUMBEKODI HOUSE ANANTHADI VILLAGE AND POST BANTWAL TALUK, D.K.DISTRICT-574 253
4. SUDHAKARA P S/O CHANNAPPA NAIK AGED 43 YEARS PANOOR PERAJE VILLAGE BUDOLI POST, BANTWAL TALUK D.K. DISTRICT-574 253 ...PETITIONERS (BY SRI. KESHAVA BHAT A., ADVOCATE)
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CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BANGALORE-560 001
2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALORE SUB-DIVISION CENTRAL CO-OPERATIVE BANK BUILDING K.S.RAO ROAD, KODIYALBAIL MANGALORE- 575 003 D.K.DISTRICT
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.01, ALI ASKER ROAD VASANTH NAGAR BENGALURU-560 052 ...RESPONDENTS (BY SMT. SPOORTHI V, HCGP) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER OF RESPONDENT NO.2 ASSISTANT REGISTRAR OF THE CO-OPERATIVE SOCIETIES, DATED 15.02.2024 IN NO.AR36:S4:96:AMD:2023-24 (ANNEXURE-A) AND DATED 15.12.2023 IN NO.AR36:S4:65:AMD:2023-24 (ANNEXURE- B) AND ETC. IN WP NO. 26408/2024 BETWEEN:
1.
PUNACHA PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LIMITED NO.DRG/S/2609/76-77
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PUNACHA VILLAGE AND POST BANTWAL TALUK-574 243 D.K. DISTRICT REPRESENTED BY ITS PRESENT PRESIDENT JANARDHANA BHAT S/O NARAYANA BHAT AGED 55 YEASR PUNACHA VILLAGE POST: PUNACHA-574 243 BANTWAL TALUK, D.K.DISTRICT (REGISTERED UNDER KARNATAKA CO-OP. SOCIETY ACT, 1959) ...PETITIONER (BY SRI. KESHAVA BHAT A., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BANGALORE - 560 001
2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALORE SUB-DIVISION CENTRAL CO-OPERATIVE BANK BUILDING, K.S.RAO ROAD KODIYALBAIL, MANGALORE-575 003 D.K.DISTRICT
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1 ALI ASKAR ROAD VASANTHA NAGAR BANGALORE-560 052 ...RESPONDENTS
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CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
(BY SMT. SPOORTHI V, HCGP) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER OF RESPONDENT NO.2 ASSISTANT REGISTRAR OF THE CO-OPERATIVE SOCIETIES, DATED 13.03.2024 IN NO.AR36:S4:96:AMD:2023-24 (ANNEXURE-A) AND DATED 15.12.2023 IN NO.AR36:S4:65:AMD:2023-24 (ANNEXURE- B) 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. Petitioners have challenged an order passed under Section 12(6) of the Karnataka Co-operative Societies Act, 1959 (for short 'the Act, 1959').
2. In W.P.No.22400/2024, this Court on 21.08.2024 had passed the following interim order:
"Learned AGA accepts notice for the respondents. Copies to be served. Re-list this matter on 09.09.2024 along with W.P.Nos.22379/2024, 3068/2024, 3368/2024 and 2372/2024.
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CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
In the meanwhile, there shall be stay of the impugned order at Annexure – A dated 13.06.2024 passed by respondent No.2, till the next date of hearing. Liberty is reserved in favour of respondents to seek vacation / modification of this order."
3. In W.P.No.2372/2024, this Court on 24.01.2024 had passed the following interim order:
"Learned Government Advocate accepts notice on behalf of respondents.
Learned counsel for the petitioners submits that the impugned order at Annexure-A, directing petitioner No.1 – Society to amend its bye-law, is passed in contravention of requirement of Section 12(6) of the Karnataka Co-operative Societies Act, 1959. Section 12(6) of the said Act mandates an opportunity of hearing to the Society, which is going to be affected by the proposed amendment of bye-law. Under these circumstances, operation of impugned order is stayed. Respondent – State is permitted to file application for modification / vacating interim order."
4. In W.P.No.22379/2024, this Court on 20.08.2024 had passed the following interim order:
"Learned AGA accepts notice for the respondents. Re-list this matter on 09.09.2024. - 21 -
HC-KAR
CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
In the meanwhile, there shall be stay of the impugned order dated 13.06.2024 (Annexure-A), till the next date of hearing."
5. In W.P.No.25495/2024, this Court on 19.09.2024 had passed the following interim order:
"Learned AGA accepts notice for the respondents. Copies to be served. List along with W.P.Nos.22400/2024, 22379/2024, 3068/2024, 3368/2024, 2372/2024. In the meanwhile, there shall be stay of the impugned order at Annexure-A dated 13.06.2024 passed by respondent No.2, till the next date of hearing. Liberty is reserved in favour of respondents to seek vacation/modification of this order."
6. In W.P.No.25564/2024, this Court on 23.09.2024 had passed the following interim order: ”Learned AGA accepts notice for the respondents. Copies to be served. In the meanwhile, there shall be stay of the impugned order at Annexure – A dated 13.03.2024 passed by respondent No.2, till the next date of hearing. Liberty is reserved in favour of respondents to seek vacation / modification of this order.”
7. In W.P.No.25937/2024, this Court on 25.09.2024 had passed the following interim order:
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HC-KAR
CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
”Learned AGA is directed to accept notice for respondents. Copies to be served. In the meanwhile, there shall be an interim order of stay of Annexure-A dated 15.02.2024 passed by the 2nd respondent till the next date of hearing. List this petition along with W.P.No.22400/2024. Liberty is reserved in favour of respondents to seek vacation / modification of this order.”
8.
In W.P.No.26408/2024, this Court on 30.09.2024 had passed the following interim order:
"Learned Additional Government Advocate accepts notice for the respondents. Copies to be served. In the light of the interim order granted under identical circumstances in W.P.No.22400/2024 dated 21.08.2024, there shall be interim order of stay as prayed for till the next date of hearing. List along with W.P.No.22400/2024."
9. It is seen that the petitioners are having an alternative and efficacious remedy under Section 106(1)(b) of the Act,
1959. 10. As the petitioners are having an alternative and efficacious remedy, the writ petitions are hereby dismissed
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HC-KAR
CNR: KAHC010478002024 NC: 2026:KHC:41557 WP No. 22400 of 2024 C/W WP No. 2372 of 2024 WP No. 3068 of 2024 AND 6 OTHERS
reserving the liberty to the petitioners to approach the appellate authority in the manner known to law. 11. The interim orders granted, by this Court shall continue for a period of four weeks from today. If the petitioners were to prefer an appeal, they will have the benefit of Section 14 of the Limitation Act, 1963. SD/- (M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 42