This writ petition, filed under Articles 226 and 227 of the Constitution of India, sought directions against registrar officials to restrain society officers and compel proper functioning. The High Court refused to entertain factual allegations for the first time in writ proceedings and disposed of the petition on that ground.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:40368 WP No. 11224 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 11224 OF 2019 (CS-RES)
BETWEEN:
…PETITIONER
(BY SRI KRISHNAPPA N R, ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
BENGALURU - 560 003.
…RESPONDENTS
(BY SRI SIDDHARTHA BABU RAO, AGA FOR R1 TO R5 R6 & R7 ARE SERVED AND UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-4 AND 5 TO RESTRAIN THE R-7 FROM COLLECTING THE MILK OF THE PRODUCERS IN THE HOUSE/PROVISION STORE OF SECRETARY, COPY OF THE PHOTO AND ENDORSEMENT DATED 5.1.2019, ISSUED BY R-5 PRODUCED AT ANNEXURE-D AND P AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
“1. To issue writ of mandamus, directing Respondent No 4 and 5, to restrain the respondent No. 7 from collecting the milk of the producers in the house/ provision store of secretary, copy of the photo and endorsement dated 05.01.2019, issued by respondent No. 5 produced at Annexures – D & P.
2. To issue writ of mandamus directing the respondent No. 4 and 5, to appint special officer as per Section 31 of KCS Act, to respondent No.7 Society, for collecting the milk in the house and for not conducting AGM, copies of photo, voter list dated 23.07.1996-97, declaration of election dated 21.03.2018, are produced at Annexures – D, A, K & L.
3. To issue writ of mandamus directing the respondent No.1 and 2 to take proper and suitable action against respondent No.4 and 5, for colluding with respondent No.6 and 7, to run the Society contrary to the interest of the members, contrary to the provisions of KCS Act and Rules, copies of RTI Application dated 27.11.2018, notice dated 31.12.2018, issued by respondent No.5, endorsement dated 5.1.2019 are produced at Annexures – G * P.
4. To issue writ of mandamus directing the respondent No.4 and 5 to take suitable action permissible under law against the respondent No.6 and 7, for not affixing the name board of the society and for not conducting AGM. The photo and audit report are produced at Annexures D and T.”
SD/-
JUDGE
BS
List No.: 1 Sl No.: 38
Narayanaswami S/o Late Venkataswami @ Peddavenkataswami
The State of Karnataka Cooperative Department
The Registrar of Co-operative Societies in Karnataka
The Deputy Registrar of Co-operative Societies Kolar District
The Joint Registrar of Co-operative Societies Bengaluru Region
The Assistant Registrar of Co-operative Societies Kolar Sub-Division
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
