Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:20841 WP No. 11862 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 11862 OF 2026 (CS-RES) BETWEEN:
1.
SRI. S.R. BIRADAR S/O RAMANAGOUD B. BIRADAR, AGED ABOUT 67 YEARS, PRESIDENT, THE MYSORE KIRLOSKAR EMPLOYEES CO-OPERATIVE SOCIETY LTD., HARIHARA - 577 601.
R/AT 1ST MAIN, 3RD CROSS, K.R. NAGAR, HARIHARA TOWN, DAVANAGERE DISTRICT - 577 601.
2.
SRI. LAKSHMAN SHIVAPPANAVAR S/O HALAPPA, AGED ABOUT 75 YEARS, DIRECTOR, THE MYSORE KIRLOSKAR EMPLOYEES CO-OPERATIVE SOCIETY LTD., HARIHARA - 577 601.
R/O 7TH CROSS, K.R. NAGAR, HARIHARA TOWN, DAVANAGERE DISTRICT - 577 601.
3.
SRI. B.H. BARAMMAPPA S/O HANUMANTHAPPA, AGED ABOUT 71 YEARS, DIRECTOR, THE MYSORE KIRLOSKAR EMPLOYEES CO- OPERATIVE SOCIETY LTD., HARIHARA - 577 601.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:20841 WP No. 11862 of 2026
R/AT 1ST MAIN, 1ST CROSS, HALLADAKERI, HARIHARA, DAVANAGERE DISTRICT - 577 601.
4.
SMT. VIJAYALAKSHMI JOSHI W/O LATE VIDYADHAR JOSHI, AGED ABOUT 60 YEARS, DIRECTOR, THE MYSORE KIRLOSKAR EMPLOYEES CO-OPERATIVE SOCIETY LTD., HARIHARA - 577 601.
R/A NO. 283, 5TH MAIN, 2ND CROSS, ATTUR LAYOUT, YELAHANKA NEW TOWN, BANGALORE - 560 064. …PETITIONERS (BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE - 560 001.
2.
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DAVANAGERE DISTRICT, DAVANAGERE DISTRICT - 577 001.
3.
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES DAVANAGERE SUB-DIVISION, OPP. ANJANEYA TEMPLE, VIDYANAGARA, DAVANAGERE - 577 005. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS BEARING NO. AR-31 / DVG / DHAAVA /
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HC-KAR NC: 2026:KHC:20841 WP No. 11862 of 2026
29(C) / CR-05 / 2025-26 04, AR-31/DVG/ DHAAVA/29(C)/CR- 06/2025-26/04, AR-31/DVG/ DHAAVA/29(C)/CR-08/2025- 26/04 AND AR-31/DVG/DHAAVA/29(C)/CR-07/2025-26/04 DATED 02.04.2026 VIDE ANNEXURES-Q1 TO Q4 ISSUED BY THE 3RD RESPONDENT AUTHORITY HOLDING THE SAME ARE ILLEGAL AND WITHOUT JURISDICTION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER Heard the learned counsel appearing for the parties.
2. In this Writ Petition, the petitioners are assailing the order dated 02.04.2026 (Annexures-Q1 to Q4) issued by the respondent No.3.
3. Learned Additional Government Advocate submitted that, the petitioners are having an efficacious remedy under Section 106 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act').
4. Having taken note of the submissions made by the learned counsel appearing for the petitioners, wherein it is argued that, this Court vide order dated 13.04.2026 in Writ Petition No.7124/2026 (Annexure-P), directed the
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HC-KAR NC: 2026:KHC:20841 WP No. 11862 of 2026
respondents to consider the reply that may be made by the petitioners. However, the impugned orders at Annexure-Q series have been passed by the respondent No.3 without giving an opportunity to the petitioners to file a reply. Accordingly, learned counsel appearing the petitioner sought for interference of this Court.
5. Taking into
consideration the language employed under Section 106 of the Act, I am of the view that, the petitioners are having an efficacious remedy to file an appeal under the Act and accordingly, the Writ Petition is not maintainable. However, liberty is reserved to the petitioners to approach the competent authority.
6. Accordingly, the Writ Petition is dismissed. SD/- (E.S.INDIRESH) JUDGE
KLV List No.: 2 Sl No.: 19