- 1 - HC-KAR CNR: KAHC010286862018 NC: 2026:KHC:47712 WP No. 54787 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 54787 OF 2018 (S-PRO) BETWEEN: 1. RAVIKUMAR C S/O LATE M. CHIKKABASAVANNA AGED ABOUT 59 YEARS, WORKING AS INCHARGE DEPUTY MANAGER (PROC) CHAMARAJANAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS UNION LTD., CHAMARAJANGAR, SANTHEMARAHALLI HOBLI KUDERU, CHAMARAJANAGAR - 571 136. 2. SRI. M. NAGARAJU S/O LATE MUDDEGOWDA AGED ABOUT 60 YEARS, OCC: RETIRED AS INCHARGE ASSISTANT MANAGER, MYSORE DISTRICT CO-OPERATIVE MILK PRODUCERS UNION LTD., MALE MAHADESHWARA ROAD SIDDHARTHA NAGAR MYSORE - 570 011. R/AT NO. 161/102A, 3RD CROSS, MARIGOWDA LAYOUT, MANDYA - 571 401. …PETITIONERS (BY SRI. M. SHESHADRI, ADVOCATE FOR SRI. SHASHTRI AND SHASHTRI ASSOCIATES, ADVOCATE FOR SRI. GURURAJ R, ADVOCATE) Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010286862018 NC: 2026:KHC:47712 WP No. 54787 of 2018 AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY, CO-OPERATIVE DEPARTMENT KARNATKA GOVERNMENT SECRETARIAT ROOM NO. 610, 3RD GATE, 6TH FLOOR, M.S.BUILDING, DR. AMBEDKAR VEEDHI BANGALORE - 560 001. 2. REGISTRAR OF CO OPERATIVE SOCIEITES NO.1, ALI ASKAR ROAD, BANGALORE - 560 051. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIEITES MYSORE REGION, MYSORE - 570 001. 4. KARNATAKA CO-OPERTAIVE MILK FEDERATION MH MARIGOWDA ROAD, KMF COMPLEX, D.R.COLLEGE POST OFFICE, BANGALORE - 560 029. BY ITS MANAGING DIRECTOR. 5. MYSORE MILK UNION LIMITED - MYMUL TN PURA ROAD, MALE MAHADESHWARA ROAD, SIDDARTHA NAGAR, MYSURU - 570 011 BY ITS MANAGING DIRECTOR. 6. CHAMARAJANAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIEITIES UNION LIMITED KUDERU VILLAGE AND POST SANTHEMARAHALLI HOBLI, CHAMARAJANAGAR - 571 136 - 3 - HC-KAR CNR: KAHC010286862018 NC: 2026:KHC:47712 WP No. 54787 of 2018 BY ITS MANGING DIRECTOR. …RESPONDENTS (BY MS. MAMATHA SHETTY, AGA FOR R1 TO R3; SRI. PRASHANTH B.R, ADVOCATE FOR R4 TO R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 30.11.2016 ISSUED BY R-5 VIDE ANNX-K, AND ORDER DTD 3.1.2017 ISSUED BY R-5 VIDE ANNX-L, ONLY IN SO FAR AS DENYING THE CONSEQUENTIAL BENEFITS INCLUDING FURTHER PROMOTIONS AS PER THE ORDER DTD 20.08.2016 PASSED IN WP NO.19076-77/2014 OF THIS HON'BLE COURT VIDE ANNX-H AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this writ petition seeking the following prayer: i) Issue a writ of certiorari or any other writ, order or direction quashing the order dated 30.11.2016 in No.118/Adalitha/2016 issued by Respondent No.5 as per Annexure - K; and order dated 3.1.2017 in No.118/Adalitha/2017 issued by Respondent No.5 as per Annexure - L; only in so far as denying the consequential benefits including further promotions as per the order dated 20.8.2016 passed in WP No.19076-77/2014 of this Hon'ble Court at Annexure-H. ii) Issue a writ of certiorari or any other writ, order or direction quashing the order dated 06.01.2018 in No.118/Adalitha/2018 issued by Respondent No.5 as per Annexure - P and order dated 06.01.2018 in - 4 - HC-KAR CNR: KAHC010286862018 NC: 2026:KHC:47712 WP No. 54787 of 2018 No.118/Adalitha/2018 issued by Respondent No.5 as per Annexure - Q in so far as denying further promotion and consequential benefits flowing there from to the petitioners. iii) Issue a writ of certiorari or any other writ, order or direction quashing the endorsement dated 27.02.2018 in No.438/Adalitha/2018 issued by Respondent No.5 as per Annexure V; and endorsement dated 27.02.2018 in No.438/Adalitha/2018 issued by Respondent No.5 as per Annexure - W; iv) Issue a writ of mandamus directing the respondents to give promotion and consequential benefits to the petitioners pursuant to the resolution passed by Karnataka Milk Federation as well as Official Memorandum 18/02/1984 and dated 18.4.1984 as per Annexure-D and E respectively, award dated 6.11.2006 passed by Joint Registrar of Co Operative Societies as per Annexure- F, confirmed by Karnataka Co operative Appellate Tribunal as per its order dated 20.3.2012 passed in Appeal No.283 of 2007 vide Annexure-G and further modified by this Hon'ble Court in WP No.19076-77 of 2014 as per the order dated 20.8.2016 vide Annexure-H. v) Issue a writ of mandamus directing the respondents to promote Petitioner No.1 to the post of Assistant Manager (Procurement) after completion of five years of service in the pay scale of rupees 1050- 1900/- (old scale) Extension Officer Grade-I w.e.f. 24.10.1994 and further promote him to the post of Deputy Manager (Procurement) w.e.f. 24.10.1999 with all consequential benefits and promote Petitioner No. 2 to the post of Assistant Manager (Procurement) w.e.f. 29.6.1995 and further promote him to the post of Deputy Manager (Procurement) w.e.f 29.06.2000 with all consequential benefits. vi) Issue a writ of mandamus directing the respondent No. 4 KMF to give promotion to the post of Manager (P&I) on the date on which petitioners are eligible and also to extend retirement benefits like gratuity, provident fund and also fixation of pension on par with KMF employees since the petitioners are appointed by KMF and thereby - 5 - HC-KAR CNR: KAHC010286862018 NC: 2026:KHC:47712 WP No. 54787 of 2018 they are governed by cadre and recruitment rules of KMF/KDDC. vii) Issue any other writ or order or direction that deems fit to grant in the circumstances of the case in the interest of justice and equity. 2. The learned counsel for the respondents has raised a primary objection in regard to the maintainability of the writ petition and contented that the petitioner, without exhausting the efficacious remedy provided under Section 70 of the Karnataka Cooperative Societies Act, 1959 (hereinafter referred to as 'Act'), filed this petition. Hence, he submits that the petition is not maintainable and to buttress his arguments, he has place reliance on the judgments of the Hon'ble Apex Court in the case of Rikhab Chand Jain vs. Union of India and others in Civil Appeal No.6719/2012 disposed of on 12.11.2025 and Ram Chandra Choudhary and others vs. Roop Nagar Dugdh Utpadak Sahakari Samiti Limited and others in Civil Appeal No.4352/2026 disposed of on 10.04.2026, wherein the Hon'ble Apex Court held that the writ petition cannot be entertained in the exercise of jurisdiction under Article 226 of the Constitution of India on the ground that the co-operative society doesn't form within the purview of - 6 - HC-KAR CNR: KAHC010286862018 NC: 2026:KHC:47712 WP No. 54787 of 2018 the State as defined under Article 12 of the Constitution of India. 3. Learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to approach the registrar under Section 70 of the Act. 4. The memo is placed on record. 5. In view of the memo, the writ petition is dismissed as withdrawn with liberty to the petitioners to approach the registry under Section 70 of the Act. If the petitioners approach the registrar, they are entitled for the benefit under Section 14 of the Limitation Act. The registry is directed to return the original/certified copies of the documents to the petitioners after retaining the photocopy of the same. Sd/- (ASHOK S.KINAGI) JUDGE HDK List No.: 1 Sl No.: 23