- 1 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 11820 OF 2025 (CS-RES) BETWEEN: SRI M SRIDHAR S/O LATE B.K.MALLIKARJUNACHAR AGED ABOUT 50 YEARS, 10TH WARD, BANJIGERE STREET, BESIDE S.B.I. GANDHI CHOWKA ROAD, VIJAYAPURA TOWN-562135 DEVANAHALLI TALUK …PETITIONER (BY SRI. SUDHINDRA S A., ADV.) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF CO-OPERATIVE SOCIETY, M.S.BUILDING, BANGALORE-560001 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 2. THE ASSISTANT REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETY, DODDABALLAPUR SUB-DIVISION, DODDABALLAPURA-561203 3. SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) REG. AR 2/1409/1964-65 CHIKKABALLAPURA ROAD, SIDLAGHATTA CROSS, VIJAYAPURA TOWN-562135 DEVANAHALLI TALUK BANGALORE RURAL DIST. REPRESENTED BY ITS PRESIDENT 4. SRI A. SUDARSHAN, AGED ABOUT 38 YEARS, S/O LATE ASHWATHACHAR PRESIDENT, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O BASAVESWARA BADAVANE, OPP. BRAMHAKUMARI ASHRAMA, VIJAYAPURA-562123, DEVANAHALLI TALUK. BANGALORE RURAL DISTRICT - 3 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 5. SMT H ARUNA W/O RAJASHEKARACHAR AGED ABOUT 45 YEARS VICE PRESIDENT SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O BATTARAHALLI MUDDENAHALLI POST VUNYAPURA HABLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT 6. SRI S M GOPALAKRISHNA CHAR, DIRECTOR, S/O LATE MARKONDACHAR, AGED ABOUT 63 YEARS, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R), R/O MAIN ROAD, GANDHI BAZAR ROAD, VIJAYAPURA-562135, OPP. VIJAYA COMPLEX, DEVANAHALLI TALUK. 7. SRI. R.MAHESH, S/O N. RAMAKRISHNAPPA, AGED ABOUT 48 YEARS, DIRECTOR. SRI VIJAYA VISWAKARINA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O KOLAR ROAD, VIJAYAPURA-562136, DEVANAHALLI TALUK - 4 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 8. SRI.N.E.PRASAD, S/O ESHWARACHAR, AGED ABOUT 52 YEARS, DIRECTOR, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O NALLUR, NALLUR POST, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK 9. SRI Y.K. MURULIDHAR, S/O KRISHNAMACHAR, AGED ABOUT 53 YEARS, DIRECTOR, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) CHIKKABALLAPURA ROAD, OPP. WATER TANK, VIJAYAPURA-562135, DEVANAHALLI TALUK. 10. SRI N RAMAPRASAD S/O LATE NANJACHARI AGED ABOUT 36 YEARS DIRECTOR, SRI VIJAYA VISWAKARMA INDUSTRIAL CO OPERATIVE BOCIETY (R) R/O DANDIGANAHALLI, HAROHALLI POST, VIJAYAPURA HOBLI, DEVANAHALLI TALUK - 5 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 11. SRI NAGARAJAPPA M S/O. MARIYACHAR, AGED ABOUT 70 YEARS, DIRECTOR, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O CHIKKABALLAPURA ROAD, VIJAYAPURA-562135, DEVANAHALLI TALUK 12. SMT. SUDHA, W/O NARASIMHA MURTHY, AGED ABOUT 52 YEARS, DIRECTOR, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) R/O 2ND CROSS, JAYAMAHAL LAYOUT, VIJAYAPURA-562135, DEVANAHALLI TALUK. 13. SRI. K.N. PRAVEENKUMAR, S/O NEELAKANTACHAR AGED ABOUT 48 YEARS, DIRECTOR, SRI VIJAYA VISWAKARMA INDUSTRIAL CO-OPERATIVE SOCIETY (R) - 6 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 R/O KAKA CHOKKONDAHALLI, BHAKTHARAHALLI POST, SIDLAGHATTA TALUK-562102. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R2, SRI T. DADAKHALANDAR, ADV. FOR R4 TO R6, R8, R9, R11 & R13 R3, R7, R10, R12 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE IMPUGNED ORDER DATED -24-3-2025 PASSED BY THE PRESIDENT OF THE 3RD RESPONDENT SOCIETY VIDE ANNEXURE-M AND THE NOTICE ISSUED BY THE PRESIDENT OF THE 3RD RESPONDENT-SOCIETY CALLING UPON THE PETITIONER TO HANDOVER THE CHARGE VIDE ANNEXURE- N DATED 29-03-2025, AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner has filed this writ petition seeking the following reliefs: a) Issue a writ of certiorari or a writ in like nature quashing the impugned order dated 24.03.2025 passed by the President of the 3rd respondent society vide Annexure-M and the Notice issued by the President of the 3rd respondent-Society calling upon the petitioner to handover the Charge vide Annexure-N dated 29.03.2025. b) Grant any other relief or reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case, including awarding cost of this writ petition, in the interest of justice and equity. 2. Brief facts, leading rise to the filing of this writ petition are as follows: The petitioner is working in respondent No.3-Society. The Board of Directors of the Society elected respondent - 8 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 No.4 as the President to respondent No.3-Society. Respondent No.4 issued a notice dated 02.06.2024 to the petitioner making allegation against the petitioner and to submit explanation. The petitioner submitted a reply on 20.06.2024 to the show cause notice dated 02.06.2024. Respondent No.4 being dissatisfied with the reply submitted by the petitioner, issued a final notice on 05.07.2024 and gave two days time to the reply. The petitioner has submitted a reply to the notice. Respondent No.4 with an malafide intention to accommodate a person of his choice, passed an order of dismissal from service. The petitioner, aggrieved by the order of dismissal from service, raised a dispute before respondent No.2. Respondent No.2 passed an interim order of staying the execution and operation of dismissal order. Further, respondent No.2 vacated the interim order of stay on 10.09.2024. The petitioner, aggrieved by the order passed by respondent No.2, preferred a writ petition in W.P.No. 25385/2024. This Court, vide order dated 06.02.2025 set - 9 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 aside the order dated 10.09.2024 and granted an interim order of stay dated 10.09.2024 passed by respondent No.2-Authority to be continued till the consideration of the appeal before respondent No.2-Authority. It is contended that the appeal is pending before respondent No.2. During the pendency of the appeal before respondent No.2. Respondent No.3 issued Annexures M and N again reliving the petitioner from service and asking him to handover the charge. The petitioner aggrieved by Annexures M and N, filed this writ petition. 3. Heard the learned counsel for the petitioner, learned Government Advocate, and the learned counsel for respondent No.3. 4. Learned counsel for the petitioner submits that respondent No.3-Society passed an order of termination of dismissal from the service. The petitioner, aggrieved by the same, raised a dispute before respondent No.2. - 10 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 Respondent No.2 passed an order of stay of the operation and execution of the order of termination. Further the same was vacated by respondent No.2. He submits that the petitioner approached this Court in W.P.No.25385/2024 and this Court allowed the writ petition and granted an interim order of staying the operation and execution of the dismissal order till consideration of appeal before respondent No.2. The appeal is pending before respondent No.2. Respondent No.3 to harass the petitioner issued Annexures M and N. He submits that this Court has granted an interim order and during the pendency of the appeal, respondent No.3 has no authority to pass Annexures M and N. Hence, on these grounds, he prays to allow the writ petition. 5. Per contra, learned counsel for the respondents supported the impugned order and notice and contended that the petitioner is a temporary employee and there is no need to hold an enquiry and accordingly, passed - 11 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 Annexures M and N. Hence, on this ground, he prays to dismiss the writ petition. 6. Perused the records, and considered the submissions of the learned counsel for the parties. 7. It is an undisputed fact that the petitioner is working in respondent No.3-Society. Respondent No.3 has passed an order of termination, terminating the petitioner from service. The petitioner, aggrieved by the order of termination, raised the dispute before respondent No.2. Respondent No.2 passed an order of stay. Further, the same was vacated by respondent No.2 on 10.09.2024. The petitioner, aggrieved by the order passed by respondent No.2, preferred a writ petition in W.P.No. 25385/2024. This Court allowed the writ petition and continued the interim order till the consideration of the appeal by respondent No.2. Admittedly, the dispute is pending before respondent No.2. Meanwhile, respondent No.3 - 12 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 without any due process of law, passed Annexures M and N. On the perusal of the order passed by this Court in W.P.No.25385/2024, this Court granted an order of stay dated 10.09.2024 passed by respondent No.2 that therein is continued till the consideration of the appeal before the Assistant Register Co-operative Society. This Court also directed the Assistant Register Co-operative Society to dispose off the dispute as expeditiously as possible but not later than six months from the date of the receipt of the order. The said writ petition came to be disposed off on 06.02.2025. Despite direction issued by this Court, respondent No.2 did not dispose off the dispute raised by the petitioner. Respondent No.3 during the pendency of the dispute before respondent No.2, has passed Annexures M and N. Although respondent No.3 contend that the petitioner is a temporary employee and there is no need to hold an enquiry, if that is so, there was no necessity for the respondent No.3 to pass an order of termination which is under challenge before respondent No.2. Before passing - 13 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 Annexure-M, respondent No.3 has not provided any opportunity to the petitioner to put forth his case. Thus, impugned order and notice passed by respondent No.3 is in violation of principles of natural justice. Hence, on this ground alone, the impugned orders are liable to be set aside. 8. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order and notice dated 24.03.2025 and 29.03.2025 passed by respondent No.3 vide Annexures M and N are hereby quashed. iii. Respondent No.2 is directed to dispose off the dispute within three months from the date of receipt of this order. - 14 - HC-KAR NC: 2026:KHC:4599 WP No. 11820 of 2025 iv. The parties are directed to cooperate with respondent No.2 for early disposal. v. Pending applications, if any, shall stand disposed off. Sd/- (ASHOK S.KINAGI) JUDGE SSB