Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:380 WP No. 100233 of 2026
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100233 OF 2026 (CS-RES) BETWEEN:
1.
UDAYA S/O. VAMAN NAYAK, AGED ABOUT 56 YEARS, OCC. AGRICULTURE, R/O. BHAVIKERI VILLAGE TQ. ANKOLA, DIST. UTTAR KANNADA-581 321.
2.
RAJEEV S/O. GOVIDN NAYAK, AGE. 51 YEARS OCC. AGRICULTURE, R/O. BHAVIKERI VILLAGE, TQ. ANKOLA, DIST. UTTAR KANNADA-581 321.
3.
PRIYANKA W/O. MANJUNATH NAYAK, AGED ABOUT 26 YEARS, OCC. AGRICULTURE, R/O. BANKIKODLA VILLAGE, TQ. ANKOLA, DIST. UTTARA KANNADA-581 319.
4.
JAYAMALA W/O. SANJEEV NAYAK, AGED ABOUT 40 YEARS, OCC. AGRICULTURE, R/O. SHETGERI VILLAGE, TQ. ANKOLA, DIST. UTTARA KANNADA-581 353.
5.
LALITHA W/O. MANESHWAR NAYAK, AGED ABOUT 48 YEARS, OCC. AGRICULTURE, R/O. BELLIKERI VILLAGE, TQ. ANKOLA, DIST. UTTARA KANNADA-581 321.
6.
RAMU S/O. BOMMAYA AGER, AGED ABOUT 46 YEARS, OCC. AGRICULTURE, R/O. AGRAGONA VILLAGE, TQ. ANKOLA, DIST. UTTARA KANNADA-581 319. &PETITIONERS
Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC-D:380 WP No. 100233 of 2026
(BY SRI. GOODWALA SADIQALI NAZEER, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560 001.
2.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO. ALI ASKAR ROAD, BENGALURU-560001.
3.
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (JSRC) BELAGAVI REGION SAHAKAR BHAVAN, GOA VASE, BELAGAVI-590001.
4.
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SARASWATI SADAN, 2ND FLOOR, HUBBUWADA, DIST. UTTARA KANNADA-581343.
5.
ANKOLA TALUK KRUSHI HUTTUVALLI MARAT SAHAKARI SANGH NIYAMIT, ANKOLA, DIST. UTTARA KANNADA-581323, REP. BY INCHARGE CHIEF EXECUTIVE OFFICER.
&RESPONDENTS
(BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1 TO R4;
SRI. SRINAND A.PACHCHAPURE, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, 1950, PRAYING TO, A WRIT IN THE NATURE OF CERTIORARI TO QUASHING THE IMPUGNED
ORDER DATED 26/12/2025 PASSED BY RESPONDENT NO.4 IN NO.KRA.DRN/F/ANARAHATTEY/29 C/02/2025-26 VIDE ANNEXURE-E AND ETC.,.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC-D:380 WP No. 100233 of 2026
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking the following prayers: < i) quashing the impugned order dated 26.12.2025 passed by respondent No.4 in No.Kra.DRN/F/Anarahattey/29 C/02/2025- 26 vide Annexure-E; ii) Such other writ order or direction may kindly be issued under the circumstances of the case.=
2.
Learned counsel appearing for the petitioners submits that the impugned order is passed without application of mind and by virtue of the said order, the petitioners are disqualified for a period of five years.
3. Learned HCGP representing the respondent Nos.1 to 4 submits that the petitioners have an effective alternate remedy under Section 106 of the Karnataka Co- operative Societies Act, 1959 (Hereinafter referred to as 8Act, 19599 for short) and thus, the present writ petition is not maintainable. In response to that, learned counsel for the petitioners submits that as there is no application of
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HC-KAR NC: 2026:KHC-D:380 WP No. 100233 of 2026
mind while passing the impugned order, though there is an effective alternate remedy, the petitioners can come before this Court.
4.
Learned counsel Mr.Srinand A Pachchapure, who takes notice for respondent No.5, submits that the petitioners have an effective alternate remedy under Section 106 of the Act, 1959.
5. This Court has perused the impugned order. When the Act provides for an effective alternate remedy under Section 106 of the Act, 1959, this writ petition is not maintainable. Further, inspite of an effective alternate remedy, when the petitioners are coming before this Court, there should be a specific reason as to why this Court should entertain the writ petition. The reasons that are stated by the petitioners cannot be the grounds to interfere with the impugned order while exercising the jurisdiction under Article 226 of the Constitution of India. Accordingly, this Court proceeds to pass the following:
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HC-KAR NC: 2026:KHC-D:380 WP No. 100233 of 2026
ORDER i) Accordingly, the present writ petition is
disposed off giving liberty to the petitioners to avail the alternative remedy before respondent No.3 under Section 106 of the Act, 1959. ii) All contentions of the petitioners are left open. iii) All I.A.s in this writ petition shall stand closed
Sd/- JUSTICE LALITHA KANNEGANTI
JTR CT: UMD List No.: 1 Sl No.: 74