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2026 DAILYLAW 38832 (KAR)

KARNATAKA STATE LIQUOR MERCHANTS v. THE STATE OF KARNATAKA

WP/27491/2026 · 2026-09-01

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010609532026 NC: 2026:KHC:47561 WP No. 27491 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.27491 OF 2026 (CS-RES) BETWEEN: 1. THE KARNATAKA STATE LIQUOR MERCHANTS DEVELOPMENT CO-OPERATIVE SOCIETY LTD. R/AT NO.45, SHARADASHRI, VISHWAMANAVA JODI ROAD, KUVEMPU NAGAR, MYSORE-570 010 REG. UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1960 REP. BY ITS PRESIDENT. …PETITIONER (BY SRI. ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SRI. ANOOP HARANAHALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION M.S. BUILDING BANGALORE-560 001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, BANGALORE-560 001. Digitally signed by K M SOMASHEKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR CNR: KAHC010609532026 NC: 2026:KHC:47561 WP No. 27491 of 2026 3. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, BANGALORE-560 001. 4. THE KARNATAKA STATE CO-OPERATIVE FEDERATION LTD. NO.32, 3RD FLOOR, D. DEVARAJ ARAS ROAD, BANGALORE-560 001 REP. BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP., FOR R.1 TO R.3; SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI. DEVI PRASAD SHETTY, ADVOCATE FOR R.4.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 24.08.2026 PASSED BY THE RESPONDENT NO.2 IN APPEAL NO.RCS/DAP/D1/25/2025-26 VIDE ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR CNR: KAHC010609532026 NC: 2026:KHC:47561 WP No. 27491 of 2026 ORAL ORDER 1. Petitioner is a primary Society. It has sought membership of respondent no.4-Secondary Society. As the same was not allowed, on an appeal filed by the petitioner, respondent No.3 has directed that the petitioner should be made as a member of respondent no.4-Society. Aggrieved by the same, respondent no.4 preferred an appeal before respondent no.2 under Section 106 of the Karnataka Co-operative Societies Act, 1959, whereby the impugned interim order has been passed staying the order passed by respondent no.3. Aggrieved by the same, the present writ petition is filed. 2. What has been passed against the petitioner is only an interim order and the petitioner has liberty to approach respondent no.2 to have the same vacated or to have the appeal itself disposed of. 3. It is also not in dispute that the only aspect that is required to be decided by respondent no.2 is whether the petitioner is eligible to become a member of respondent no.4- Society or not, as per the bye-laws of respondent no.4-Society. - 4 - HC-KAR CNR: KAHC010609532026 NC: 2026:KHC:47561 WP No. 27491 of 2026 4. The learned HCGP for respondent Nos.1 to 3 as well as learned counsel for respondent No.4 have no objection for issuing a direction to respondent no.2 to dispose of the appeal as expeditiously as possible. 5. Hence, the following: ORDER (i) Respondent no.2 shall dispose of the appeal bearing No.RCS/DAP/D1/25/2025-26 vide Annexure-A to the writ petition, which is pending on the file, within a period of two months from the date of receipt of a certified copy of this order; (ii) The writ petition stands disposed of accordingly. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 7