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2026 DAILYLAW 45665 (KAR)

ARALIMARADADODDI HAALU UTHPADAKARA SAHAKARA SANGHA NIYAMITHA v. THE STATE OF KARNATAKA

WP/408/2026 · 2026-01-12

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1723 WP No. 408 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 408 OF 2026 (CS-RES) BETWEEN: 1. ARALIMARADADODDI HAALU UTHPADAKARA SAHAKARA SANGHA NIYAMITHA ARALIMARADADODDI KOOTAGAL HOBLI RAMANAGARA TALUK BENGALURU SOUTH DISTRICT-562159 REP BY ITS PRESIDENT SRI M S SHASHIDARA S/O SHIVANNA AGED ABOUT 40 YEARS IT IS THE CO-OPERATIVE SOCIETY REGISTERED UNDER SECTION 7 OF SOCIETIES REGISTRATION ACT 1959 2. SRI MAHALINGAIAH S/O VISHKANTHAIAH AGED ABOUT 48 YEARS VICE PRESIDENT OF ARALIMARADADODDI HAALU UTHPADAKARA SAHAKARA SANGHA NIYAMITHA ARALIMARADADODDI KOOTAGAL HOBLI RAMANAGARA TALUK BENGALURU SOUTH DISTRICT-562159 3. SRI CHANDREGOWDA S/O LATE SUBBEGOWDA AGED ABOUT 74 YEARS Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1723 WP No. 408 of 2026 DIRECTOR OF ARALIMARADADODDI HAALU UTHPADAKARA SAHASKARA SANGHA NIYAMITHA ARALIMARADADODDI KOOTAGAL HOBLI RAMANAGARA TALUK BENGALURU SOUTH DISTRICT-562159 4. SRI SHIVAPPA S/O LATE DODDALINGAIGH AGED ABOUT 55 YEARS DIRECTOR OF ARALIMARADADODDI HAALU UTHPADAKARA SAHAKARA SANGHA NIYAMITHA ARALIMARADADODDI KOOTAGAL HOBLI RAMANAGARA TALUK BENGALURU SOUTH DISTRICT-562159 5. SRI CHANDRAIAH S/O LATE VEERABHADRAIAH AGED ABOUT 52 YEARS DIRECTOR OF ARALIMARADADODDI HAALU UTHPADAKARA SAHAKARA SANGHA NIYAMITHA ARALIMARADADODDI KOOOTAGAL HOBLI RAMANAGARA TALUK BENGALURU SOUTH DISTRICT-562159 6. SRI PUTTASWAMAIAH S/O LATE DODDALINGAIAH AGED ABOUT 65 YEARS DIRECTOR OF ARALIMARADADODDI HAALU UTHPADAKARA SAHAKARA SANGHA NIYAMITHA ARALIMARADADODDI KOOTAGAL HOBLI RAMANAGARA TALUK BENGALURU SOUTH DISTRICT-562159 7. SMT SHASHIKALA W/O DEVARAJU AGED ABOUT 37 YEARS DIRECTOR OF ARALIMARADADODDI HAALU - 3 - HC-KAR NC: 2026:KHC:1723 WP No. 408 of 2026 UTHPADAKARA SAHAKARA SANGHA NIYAMITHA ARALIMARADADODDI KOOTAGAL HOBLI RAMANAGARA TALUK BENGALURU SOUTH DISTRICT-562159 8. SMT PADMAMMA W/O RAMAIAH AGED ABOUT 50 YEARS DIRECTOR OF ARALIMARADADDI HAALU UTHPADAKARA SAHAKARA SANGHA NIYAMITHA ARALIMARADADODDI KOOTAGAL HOBLI RAMANAGARA TALUK BENGALURU SOUTH DISTRICT-562159 9. SRI DODDAVEERAIAH S/O LATE BAJJAPPA AGED ABOUT 43 YEARS SECRETARY OF ARALIMARADADODDI HAALU UTHPADAKARA SAHAKARA SANGHA NIYAMITHA ARALIMARADADODDI KOOTAGAL HOBLI RAMANAGARA TALUK BENGALURU SOUTH DISTRICT-562159 …PETITIONERS (BY SRI. SOMASHEKHARAIAH.R.P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REGISTRATION OF SOCIETIES VIDHANA SOUDHA BENGALURU-560001 REPRESENTED BY ITS SECRETARY 2. THE DEPUTY REGISTER OF CO-OPERATIVE SOCIETIES RAMANAGAR SUB-DIVISION - 4 - HC-KAR NC: 2026:KHC:1723 WP No. 408 of 2026 RAMANAGAR BENGALURU SOUTH DISTRICT-562159 3. THE REGISTRAR CO-OPERATIVE SOCIETIES NO.30 MALLESHWARAM BADAVANE BEHIND MALLESHWARA TEMPLE RAMANAGARA DIVISION RAMANAGAR BENGALURU SOUTH DISTRICT-562159 4. THE MANAGING DIRECTOR ZILLA SAHAKARI HAALU UTHPADAKARA SANGHAGALA OKKUTA NIYAMITHA M.H. MARIGOWDA ROAD BENGALURU -560029 5. THE DEPUTY DIRECTOR ZILLA SAHAKARI HAALU UTHPADAKARA SANGHAGALA OKKUTA NIYAMITHA RAMANAGARA DIVISION RAMANAGARA BENGALURU SOUTH DISTRICT – 562 159 …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03.01.2026 IN NO. AR46/NONDANI/ COLOUMN 12(6)CR-403/2025-26 PASSED BY R3 UNDER ANNX-K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 5 - HC-KAR NC: 2026:KHC:1723 WP No. 408 of 2026 ORAL ORDER 1. The petitioners filed this writ petition seeking the following reliefs: i. Issue writ in the nature of certiorari, and quash the order dated 03.01.2026, in No.AR46:Nondani:column 12(6):-CR-403:2- 25-26, passed by respondent No.3 under Annexure-K. ii. Issue such other order or directions, which may be fit to grant in the circumstances of the case. 2. Learned Additional Government Advocate submits that the impugned order at Annexure-K is appealable under Section 106(1)(b) of the Karnataka Co- operative Societies Act, 1959. He submits that the petitioners without exhausting an equal efficacious remedy, filed this writ petition. 3. The learned counsel for the petitioners submits that the petitioners interest may be protected, and the petitioners would approach the appropriate authority. - 6 - HC-KAR NC: 2026:KHC:1723 WP No. 408 of 2026 4. Submission is placed on record. 5. Admittedly, the petitioners have got an efficacious remedy under Section 106(1)(b) of the Karnataka Co-operative Societies Act, 1959. The petitioners without exhausting an efficacious remedy filed this petition. In view of the exposition of law laid down by the Hon'ble Apex Court in the case of Rikhab Chand Jain Vs. Union of India in C.A.No.6719 of 2012 disposed of on 12.11.2025, wherein the Hon’ble Apex Court held that writ jurisdiction not to be exercised if remedy is available in another jurisdiction, wherein the Hon'ble Apex Court has declined to entertain the petition. In view of the same, the writ petition filed by the petitioners are not maintainable. 6. Accordingly, I proceed to pass the following order: ORDER The writ petition is dismissed. - 7 - HC-KAR NC: 2026:KHC:1723 WP No. 408 of 2026 A liberty is reserved to the petitioners to approach the Appropriate Authority. Meanwhile, the respondents are directed not to act on the impugned order for one week from today. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV