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2026 DAILYLAW 5273 (KAR)

KAMLESH CHANDRA DWIVEDI v. STATE OF KARNATAKA

WP/13046/2026 · 2026-04-24

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:22484 WP No. 13046 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.13046 OF 2026 (CS-RES) BETWEEN: 1. KAMLESH CHANDRA DWIVEDI SON OF GANDHI PRASAD DWIVEDI AGED ABOUT 64 YEARS HAVING HIS RESIDENCE AT VILLA NO. E-05, PAVILION VILLAS, BRIGADE ORCHARDS, EAST AVENUE, NH 207, BRIGADE ORCHARDS SPINAL ROAD, DEVANAHALLI, BENGALURU RURAL - 562 110. 2. CHANAPPA VENKATADAS MADHU SON OF C VENKATDAS AGED ABOUT 53 YEARS HAVING HIS RESIDENCE AT VILLA L-03, PAVILLION VILLAS, BRIGADE ORCHARDS, RAYASANDRA BENGALURU RURAL - 562 110. …PETITIONERS (BY SRI. ROHAN KOTHARI.,ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22484 WP No. 13046 of 2026 AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES DEVANAHALLI TALUK OFFICE, THROUGH THE CO-OPERATIVE DEVELOPMENT OFFICER, T.R.I.C.S BUILDING, REAR OF REDDYS ELECTRONICS, DEVANAHALLI - 562110 BANGALORE RURAL DISTRICT. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562110. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES DODDABALLAPURA SUB-DIVISION, NEAR LAKSHMI TALKIES, MARKET ROAD, DODDABALLAPURA TOWN, DODDABALLAPURA. 4. BRIGADE ORCHARDS VILLA OWNERS CO-OPERATIVE SOCIETY ITS ADDRESS AT HAVING ESTATE OFFICE, WEST AVENUE, PAVILION VILLAS, BRIGADE ORCHARDS, RAYASANDRA, KASABA HOBALI, DEVANAHALLI TALUK, BENGALURU - 562 110. - 3 - HC-KAR NC: 2026:KHC:22484 WP No. 13046 of 2026 5. MR. NITIN MITTAL AGED : MAJOR, HAVING HIS RESIDENCE AT VILLA NO. G-06, WEST AVENUE, PAVILION VILLAS, BRIGADE ORCHARDS, BRIGADE ORCHARDS SPINAL ROAD, DEVANAHALLI, BANGALORE RURAL - 562 110. …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 09.01.2026 PASSED BY THE RESPONDENT NO.3 IN CASE BEARING NO. SANI- 47/29C/03/2025-26 TITLED (ANNEXURE A) AND / OR INSOFAR AS PETITIONERS CONCERNED ONLY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:22484 WP No. 13046 of 2026 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this petition, petitioners are assailing the order dated 09.01.2026 (Annexure-A ) issued by the respondent No.3. 3. Learned counsel appearing for the petitioners places reliance on the Order passed by this Court in W.P.No.2818/2026, dated 18.03.2026, and accordingly, sought interference of this Court. 4. Learned Additional Government Advocate placed reliance on the Judgment of the Hon'ble Supreme Court in the case of RAM CHANDRA CHOUDHARY & OTHERS Vs. ROOP NAGAR DUGDH UTPADAK SAHAKARI SAMITI LIMITED AND OTHERS in C.A.No.4354/2026 disposed of on 10.04.2026 and submitted that the petitioners are having efficacious remedy under S.106 of the Karnataka Co-operative Societies Act, 1959, and accordingly, sought for disposal of the Writ Petition. - 5 - HC-KAR NC: 2026:KHC:22484 WP No. 13046 of 2026 5. Having taken note of the submissions made by the learned counsel appearing for the parties, as the petitioners are having efficacious remedy under Section 106 of the Karnataka Co-operative Societies Act, 1959, I am of the view that, the petitioners be relegated to approach the competent authority. Accordingly, reserving liberty to the petitioners to avail the remedy as stated above, the Writ Petition is dismissed as not maintainable. SD/- (E.S.INDIRESH) JUDGE sac List No.: 2 Sl No.: 25