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2026 DAILYLAW 6202 (KAR)

DEVKUMAR Y v. DEPUTY REGISTRAR OF SOUHARDA CO OPERATIVE

WP/36052/2025 · 2026-03-03

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13350 WP No. 36052 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 36052 OF 2025 (CS-RES) BETWEEN: 1. DEVKUMAR Y. S/O Y.N.YALLAPPA BHOVI, AGED ABOUT 48 YEARS, AGRICULTURIST, RANGANATHA INDUSTRIES, ANTHARAGANGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 245. 2. MOHAN SINGH S/O NARAYANA SINGH, AGED ABOUT 55 YEARS, AGRICULTURIST, NO.123, BABALLI, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 227. 3. SYED IRFAN S/O. SYED MAJID, AGED ABOUT 48 YEARS, AGRICULTURIST, NO.67, KAGE KODAMAGGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 227. …PETITIONERS (BY SMT. KAVITHA M.S., ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13350 WP No. 36052 of 2025 AND: 1. DEPUTY REGISTRAR OF SOUHARDA CO- OPERATIVE SOCIETIES (NI.441) KARNATAKA STATE SOUHARDA FEDERAL CO- OPERATIVE LTD., (KSSFCL), NO.62, 2ND FLOOR, MARGOSA ROAD, (3RD MAIN), 18TH CROSS, PIPELINE, MALLESHWARAM, BENGALURU - 560 055. 2. VIPRA VIVIDODDESHA SOUHARDA REGISTERED UNDER SOUHARDA CO-OPERATIVE SOCIETIES ACT, SAHAKARI SANGHA LIMITED, REPRESENTED BY ITS CEO, HEAD OFFICE, VINOBANAGARA, RAGA 1ST STAGE, 5TH CROSS, VINOBANAGARA, SHIVAMOGGA - 577 204. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1; SRI. K.S. PATIL, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER ISSUED BY RESPONDENT NO.1 DATED 07.12.2020 IN THE ORDER OF DISPUTE NO.DRD/K.RAA.SOU.SAN.SA.NI 13401/2020-21 AS ARBITRARY AND ILLEGAL, AND VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE (ANNEXURE-A) AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this Writ Petition, the petitioners are assailing the order dated 14.11.2025 in COP. Appeal No.140/2021 - 3 - HC-KAR NC: 2026:KHC:13350 WP No. 36052 of 2025 (Annexure - B) on the file of the Karnataka Appellate Tribunal wherein the petitioners herein have filed an application under Section 5 of the Limitation Act seeking condonation of delay of 157 days in filing the appeal, however the Tribunal, on merits, upheld the order dated 07.12.2020 passed by respondent No.1 herein. 2. Taking into consideration the arguments advanced by the learned counsels appearing for the parties, I am of the view that the matter be remanded to the Karnataka Appellate Tribunal in COP. Appeal No.140/2021 to pass appropriate orders on merits of the case as already the delay of 157 days is condoned by the Tribunal. 3. It is also made clear that there are no reasons as to the impugned order dated 14.11.2025 passed by the Karnataka Appellate Tribunal. In that view of the matter, I pass the following; - 4 - HC-KAR NC: 2026:KHC:13350 WP No. 36052 of 2025 ORDER i) The writ petition is allowed. ii) The order dated 14.11.2025 in COP.Appeal No.140/2021 on the file of the Karnataka Appellate Tribunal, Bengaluru (Annexure - B) is hereby set aside and the matter is remitted to the Karnataka Appellate Tribunal to pass appropriate orders on merits of the case. It is made clear that this Court has not expressed any opinion on the merits of the case. All contentions of the parties are kept open. Since the parties are represented through their learned counsel in order to avoid further delay in the matter, the parties are directed to appear before the Karnataka Appellate Tribunal on 02.04.2026 at 11.00 a.m. SD/- (E.S.INDIRESH) JUDGE KLV List No.: 1 Sl No.: 33