SRI GURU RAGHAVENDRA SAHAKARA BANK THEVANIDARARA SANGHA (REGD) v. STATE OF KARNATAKA
WP/23942/2025 · 2026-01-28
Ashok S Kinagi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 49734 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 49734 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5347 WP No. 23942 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. 23942 OF 2025 (CS-RES) BETWEEN:
1.
SRI GURU RAGHAVENDRA SAHAKARA BANK THEVANIDARARA SANGHA (REGD) REPRESENTED BY ITS SECRETARY SRI. G.K. GURURAJ RAO, AGED 68 YEARS, R.K. SWAMJI ROAD, 1ST BLOCK, THYAGARAJANAGAR, BENGALURU 560 028.
SENIOR CITIZEN BENEFIT NOT CLAIMED
2.
P MANJULA RAO W/O PRAMOD RAO G NO 4, 4TH CROSS, 6TH BLOCK, RAJAJINAGAR BANGALORE 560010 SHAREHOLDER AND DEPOSITOR OF RESPONDENT No.3
3.
B.K. YOGANANDA KUMAR S/O D.V. KRISHNAMURTHY NO 11, MANJUSHREEE NEW KEMPEGOWDA LAYOUT NEAR BIG BAZAAR KATRIGUPPE, BSK 3RD STAGE VTC, BANGALORE 560085 SHAREHOLDER AND DEPOSITOR OF RESPONDENT No.3
…PETITIONERS (BY SRI. MANJUNATH NAYAK., ADVOCATE)
Digitally signed by SUNITHA K S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:5347 WP No. 23942 of 2025
AND:
1.
STATE OF KARNATAKA REP BY REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD BANGALORE 560052
2.
RESERVE BANK OF INDIA REPTD. BY THE REGIONAL DIRECTOR PB NO 5467, NRUPATUNGA ROAD, BENGALURU-560 001.
3.
SRI GURU RAGHAVENDRA SAHAKARA BANK NIYAMITHA NETKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560004.
REP BY ITS ADMINISTRATOR …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 SRI. MANIK B T, ADVOCATE FOR R2 SRI. VIKRAM UNNI RAJGOPAL, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION QUASHING THE ORDER DATED 28.04.2025 PASSED IN PROCEEDINGS NO.RCS/UBC-7/DIS/38/2024-25, VIDE ANNEXURE-C PASSED BY FIRST RESPONDENT AND FURTHER BE PLEASED TO DIRECT RESERVE BANK OF INDIA (RBI) TO FACILITATE IN COORDINATION WITH REGISTRAR OF COOPERATIVE SOCIETIES (RCS) TO HOLD ELECTIONS TO THE BOARD OF DIRECTORS OF THE THIRD RESPONDENT BANK IN TERMS OF STATUTOTY MANDATE OF SECTION 30 OF KARNATAKA CO-OPERATIVE ACT. 1959 AND TO CONSTITUTE A DEMOCRATICALLY ELECTED BOARD OF DIRECTORS IN LIEU OF RBI FOISTED SINGLE ADMINISTRATOR.
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HC-KAR NC: 2026:KHC:5347 WP No. 23942 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
Petitioner No.1 has filed a memo which reads as follows:
“MEMO FILED BY PETITIONER The above petition is presented and entertained to consider the prayer of quashing the order passed by Registrar of Cooperative Societies, rejecting the representation dated 9-10-2023 which was presented pursuant to the liberty granted and Mandamus issued by this Hon'ble court in W.PΡ. 16283/2024. Though time given to consider and pass orders was 6 weeks, Registrar of Cooperative Societies passed the
order after 8 months from the date of disposal of the writ petition. The reasons given for permission to hold BOD, notwithstanding the order under Section 35 A of Banking Regulation Act and Section 30 R/w Section 121 of Cooperative Societies Act, Registrar of Cooperative societies found it inexpedite to permit shareholders and depositors to hold general body meeting and elect a new Board of Directors for the purpose of reviving the Bank and for effective recovery of debts owed to the bank. - 4 -
HC-KAR NC: 2026:KHC:5347 WP No. 23942 of 2025
Said order passed by Registrar was called in question in the above writ petition, as being violative of Sections 30 and 121 besides, being contrary to Articles 14, 19 and 21 of the Constitution of India. In the above petition, State (RCS) took the specific stand, in the course of its objection that writ petition is not maintainable as the Administrator was appointed pursuant to the order passed by the division Bench in W.P. 7350/2020, a PIL and that therefore, petitioner can only seek the relief sought in this writ petition from the Division Bench and not in this writ petition. Though, this submission of RCS is debatable, petitioner Association which is keen in securing the relief of conducting Annual General Body Meeting of shareholders to elect fresh Board of Directors or Committee of Creditors to aid and advice and assist in all possible manner to take effect steps in the matter of recovery of thousand and odd crores of rupees lent to several borrowers utilising the funds of share holders and depositors, has filed an application on 22-1-2026. In view of filing of the said application, petitioner seeks liberty to withdraw the above writ petition without prejudice to its rights and contentions and with liberty to revive the writ petition in the event the Hon'ble Division Bench takes the contrary to the view that of learned Government Advocate. - 5 -
HC-KAR NC: 2026:KHC:5347 WP No. 23942 of 2025
Recording the above submissions, it is prayed that the petition may be permitted to be withdrawn with liberty to revive the writ petition in the event the Hon'ble Division Bench takes the contrary to the view that of learned Government Advocate, in the interest of justice.”
2. Memo is taken on record. 3.
Accordingly, the writ petition is dismissed as withdrawn with liberty to revive this petition in the event the Division Bench takes a contrary to the view of the learned Government Advocate. 4. In view of dismissal of the petition, pending application(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE
PA CT:KHV List No.: 2 Sl No.: 6