- 1 - HC-KAR NC: 2026:KHC-D:2092 WP No. 101078 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.101078 OF 2026 (CS-RES) BETWEEN: SUNIL S/O. SHAMARAO MANE, AGE. 48 YEARS, OCC. AGRICULTURE, CHIEF PROMOTER, PROPOSED VIVIDODDESHA PRATHAMIK GRAMEEN KRUSHI SAHAKARA SANGH NIYAMIT, KOGANOLI, TALUK. NIPPANI, DIST. BELAGAVI, PIN-591201. …PETITIONER (BY SRI. ANAND D.BAGEWADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHIKKODI SUB-DIVISION, CHIKKODI, TALUK. CHIKKODI, DIST. BELAGAVI, PIN-591201. …RESPONDENTS (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 09/09/2025 IN NO.AR-11/ RSR/ /21/2025-26 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-B. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO GRANT PERMISSION TO FLOATING OF SHARE AMOUNT FOR PRE- REGISTRATION OF THE SOCIETY IN THE NAME OF THE “PROPOSED AMBIKA VIVIDODDESHA PRATHAMIK GRAMEEN KRUSHI SAHAKAR SANGH NIYAMIT KOGANOLI TQ. NIPPANI, DIST. BELAGAVI” BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. 3. TO ISSUE ANY OTHER ORDER, DIRECTIONS AS DEEMS IN THE CIRCUMSTANCES OF THE CASE. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.18 10:45:04 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2092 WP No. 101078 of 2026 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “PRAYER: WHEREFORE, it is humbly prayed that this Hon’ble court please to:- 1. To issue writ in the nature of certiorari to quash the impugned order dated 09/09/2025 in No.AR-11/ RSR/ /21/2025-26 passed by the 2nd respondent vide ANNEXURE-B. 2. To issue writ in the nature of mandamus directing the respondent No.2 to grant permission to floating of share amount for pre-registration of the society in the name of the “PROPOSED AMBIKA VIVIDODDESHA PRATHAMIK GRAMEEN KRUSHI SAHAKAR SANGH NIYAMIT KOGANOLI TQ. NIPPANI, DIST. BELAGAVI” by allowing this writ petition in the interest of justice and equity. 3. To issue any other order, directions as deems in the circumstances of the case.” 2. It is the case of the petitioner that the petitioner is an agriculturist and permanent resident of Koganoli village. It is stated that the Government of Karnataka has taken a policy decision to provide financial assistance to the farmers who are the members of the primary co-operative societies without charging any interest. As such, the petitioner and the other - 3 - HC-KAR NC: 2026:KHC-D:2092 WP No. 101078 of 2026 villagers have called Gram Sabha meeting on 01.08.2025 at Koganoli village and in the said Gram Sabha meeting, they have discussed about not getting any financial assistance and not being able to avail any facilities provided by the Government to the farmers and decided to form a new society in the name of “PROPOSED AMBIKA VIVIDODDESHA PRATHAMIK GRAMEEN KRUSHI SAHAKAR SANGH NIYAMIT KOGANOLI TQ: NIPPANI, DIST: BELAGAVI” for the welfare of the farmers in the village who desire to become the members of the proposed society. 3. In the said meeting, the petitioner was elected as chief promoter of the proposed society. Then they have submitted the proposal to respondent No.2 to grant permission for floating the collection of share amount from the eligible farmers for registration of the co-operative society at Koganoli. It is the grievance of the petitioner that respondent No.2 without even hearing the petitioner and without considering the contents of the proposal had rejected the proposal submitted by the petitioner which is contrary to the provisions of the Karnataka Co-operative Societies Act. 4. Learned counsel for the petitioner has relied on an order passed by this Court in WP.No.100232/2026 dated 13.01.2026. - 4 - HC-KAR NC: 2026:KHC-D:2092 WP No. 101078 of 2026 He submits that this Court in paragraph No.7 of the above referred judgment had observed as follows: “7. A bare reading of Rule 3 makes it clear that before giving the permission to the chief promoter to collect the amount of share capital from the members, the Registrar has to be satisfied that the proposed society has reasonable chances of success. It is the contention of the learned counsel for the petitioner that when the petitioner approaches the respondent for registration, then Rule 3B will come into effect, where they have to consider the population in the area of operation of the proposed Co-operative society, assessment of economic and financial feasibility like collection of share, funds from the shareholders, overlapping of the existing similar co- operative societies. According to the petitioner, it is not open to respondent No.2 to consider all these at this stage of collecting the share capital from the members. Rule 3 gives the power to the Registrar to be satisfied on the viability. It is the case of the petitioner that the petitioner has placed several other factors to show what is the viability and those aspects were not considered. In the orders that are relied on by the petitioner, the Co-ordinate Benches of this Court have considered and observed that reasonable opportunity needs to be given to the party, subject to satisfying the requirements of law. In the light of the orders passed in WP.No.101599/2025, WP.No.100493/2024 and WP.No.108117/2025 dated 23.06.2025, 06.02.2024 and 21.11.2025 by the Co- ordinate Benches of this Court, this Court is passing the following:” 5. It is submitted that in the light of the order passed by this Court in WP.No.100232/2026 dated 13.01.2026, similar order may be passed in this writ petition. - 5 - HC-KAR NC: 2026:KHC-D:2092 WP No. 101078 of 2026 6. Learned Additional Government Advocate submits that this writ petition is covered by the order passed by this Court in WP.No.100232/2026. 7. Having heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents, this Court has perused the order passed by this Court in WP.No.100232/2026 and the impugned order passed by the respondent No.2. Considering all these, this Court is passing the following: ORDER i. The impugned order dated 09/09/2025 in No.AR- 11/RSR/21/2025-26 passed by the 2nd respondent vide ANNEXURE-B, is quashed. ii. The respondent No.2 is directed to grant permission to collect the share amount for pre- registration of Society in the name ‘Proposed Ambika Vividoddesha Prathamik Grameen Krushi Sahakar Sangh Niyamit Koganoli Tq: Nippani, Dist: Belagavi’, subject to petitioner satisfying other requirements of law, after providing an opportunity of hearing to the petitioner. - 6 - HC-KAR NC: 2026:KHC-D:2092 WP No. 101078 of 2026 iii. The petitioner shall be present before respondent No.2 on 26.02.2026, without further notice from respondent No.2. iv. Accordingly, the writ petition is allowed. v. All I.As. in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 20