Naveen S/O Malatesh Satagi Vs the State of Karnataka

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1 - NC: 2025:KHC-D:3297 WP No. 100172 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO.100172 OF 2025 (CS-EL/M)

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BETWEEN:

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NAVEEN S/O MALATESH SATAGI, AGE:33 YEARS, OCC: AGRIL, R/O: GUDDAGUDDAPUR, TQ: RANEBENNUR, DIST: HAVERI-581115.

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FAKKIRAVVA, W/O HANUMAPPA TALAVAR, AGE:72 YEARS, OCC: AGRIL, R/O: DEVARAGUDDA, GUDDAGUDDAPUR, TQ: RANEBENNUR, DIST: HAVERI-581115.

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HARISH, S/O MALATESH SATAGI, AGE:32 YEARS, OCC: AGRIL, R/O: GUDDAGUDDAPUR, TQ: RANEBENNUR, DIST: HAVERI-581115.

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Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench

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MANJUNATH, S/O CHIKKAPPA JOGAMMANAVAR, AGE:48 YEARS, OCC: AGRIL,

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R/O: GUDDAGUDDAPUR, TQ: RANEBENNUR, DIST: HAVERI-581115.

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LAXMANNA, S/O NINGAPPA HULLAL, AGE: 52 YEARS, OCC: AGRIL, R/O: DEVARAGUDDA, GUDDAGUDDAPUR, TQ: RANEBENNUR, DIST: HAVERI-581115.

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RAMAPPA, S/O NINGAPPA HULLAL, AGE: 54 YEARS, OCC: AGRIL, R/O: DEVARAGUDDA, GUDDAGUDDAPUR, TQ: RANEBENNUR,

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DIST: HAVERI-581115.

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LOKESH,

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S/O GUDDAPPA HADAPAD,

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AGE: 54 YEARS, OCC: AGRIL, R/O: DEVARAGUDDA, GUDDAGUDDAPUR, TQ: RANEBENNUR,

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DIST: HAVERI-581115.

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GANESH,

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S/O TIRAKAPPA BILANNANAVAR, AGE: 43 YEARS, OCC: AGRIL, R/O: DEVARAGUDDA, GUDDAGUDDAPUR, TQ: RANEBENNUR, DIST: HAVERI-581115.

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MALATESH, S/O MADEVAPPA SATAGI, AGE: 59 YEARS, OCC: AGRIL, R/O: GUDDAGUDDAPUR, DEVARAGUDDA, TQ: RANEBENNUR, DIST: HAVERI-581115.

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PAKKIRAPPA,

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S/O ELAKOTEPPA JADAR, AGE:44 YEARS, OCC: AGRIL, R/O: BATERA ONI, GUDDAGUDDAPUR,

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P/O: DEVARAGUDDA, TQ: RANEBENNUR, DIST: HAVERI-581115.

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RAJU S/O BASAVARAJAPPA HOMAJOGI @ HONAJOGI, AGE: 27 YEARS, OCC: AGRIL, R/O: DEVARAGUDDA, GUDDAGUDDAPUR, TQ: RANEBENNUR, DIST: HAVERI-581115.

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KARIYAPPA @ KARIYALAPPA, S/O SANNANELAPPA HONJOGI,

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3 - NC: 2025:KHC-D:3297 WP No. 100172 of 2025

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AGE: 57 YEARS, OCC: AGRIL, R/O: DEVARAGUDDA, GUDDAGUDDAPUR, TQ: RANEBENNUR, DIST: HAVERI-581115.

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…PETITIONERS

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(BY SRI DINESH M. KULKARNI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M. S. BUILDING, 6^TH FLOOR, BANGALORE-01.

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PRATHAMIKA SAHAKARI KRISHI & GRAMEENA ABHIVRUDDHI BANK, LTD., RANEBENNUR, REP BY ITS SECRETARY, TQ: RANEBENNUR,DIST: HAVERI-581115.

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THE CHIEF EXECUTIVE OFFICER, PRATHAMIKA SAHAKARI KRISHI & GRAMEENA ABHIVRUDDHI BANK, LTD., RANEBENNUR, DIST: HAVERI-581115.

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THE RETURNING OFFICER TO THE PRATHAMIKA SAHAKARI KRISHI & GRAMEENA ABHIVRUDDHI BANK, LTD., RANEBENNUR, DIST: HAVERI-581115.

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THE DIST. COOPERATIVE ELECTION OFFICER & DEPUTY REGISTRAR OF COOPERATIVE SOCIETY, RANEBENNUR, DIST: HAVERI-581115.

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…RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 N R3; SRI G.V.BHARAMAGOUDARA, ADVOCATE FOR R2 AND R4; SRI S.N.BANAKAR, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE TO MANDAMUS DIRECTING THE RESPONDENT NO.4 TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE BORROWERS AND NON-BORROWERS VOTER LIST AND TO PERMIT THE PETITIONERS TO CAST THE VOTE IN THE ELECTION TO THE COMMITTEE OF MANAGEMENT OF THE 2^ND RESPONDENT BANK SCHEDULED TO BE HELD ON 12/01/2025 AS

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4 - NC: 2025:KHC-D:3297 WP No. 100172 of 2025

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PER THE CALENDAR OF EVENTS DATED 24/12/2024 PUBLISHED BY THE 4TH RESPONDENT VIDE ANNEXURE-A BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 4^TH RESPONDENT TO DECLARE THE ELECTION RESULTS OF THE 2ND RESPONDENT SOCIETY AFTER COMPLETION OF THE ELECTION PROCESS IN ACCORDANCE WITH LAW AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

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Learned counsel appearing for the parties in

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unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P. No.8502/2022 C/w. W.P. No.8477/2022, disposed off on 7^th June 2022. The Coordinate Bench of this Court held as follows:

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“8. In the light of these rival submissions, the question for consideration is:

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Whether these writ petitions must be disposed of directing the Returning Officer [the fourth respondent and sixth respondents in the respective petitions to announce the results of the elections held on 23.04.2022 including the votes cast by the petitioners.

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9. The provisions of Rule 13-D (2-A) of the

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Rules read as hereunder:

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(3) The Election Officer shall take steps for publication of voters list in the following manner, namely:-

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(a) for publication of draft eligible electoral list, a list of defaulters, a list of members whose repayment falls due, before the election date clear fifty days;

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(b) for calling objections, if any, calling upon the defaulter members to repay the amounts due to the co-operative societies on or before thirty clear days prior to the date of election;

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(c) the scrutiny and verification of the voters list after payment by defaulters etc., clear twenty days before the ate of election.

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(d) for publication of final eligible voters list before fifteen clear days prior to the date of election.

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The underlining is by this Court.

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10. These provisions do not leave any room for doubt that an excluded member, with the publication of the Draft Eligible Electoral List, must have an opportunity by way of an individual notice to file objections on exclusion from the Electoral List. It must be shown that the concerned Chief Executive has prepared and sent notice to the

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6 - NC: 2025:KHC-D:3297 WP No. 100172 of 2025

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affected members. The Public Notice dated 8.11.20211 does not meet these requirements. In fact, it is admitted on behalf of the respondents that there are deficiencies in the preparation of the Final Electoral Roll after the publication of the Draft Eligible Electoral List, and the petitioners have not been issued with individual notices.

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11. The Hon’ble Supreme Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugha Utpadak Sanstha and Another v. State of Maharashtra and Others supra has held as follows:

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1 This Public Notice reads as follows:

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¸ÀAWÀzÀ ¨ÉÊ¯Á wzÀÄÝ¥Àr DzÉÃ±À ¸ÀASÉå: r Dgï ªÉÊ: Dgï.J¸ï.Dgï.JA.J.©.¹.Dgï16/2018- 19 ¢£ÁAPÀ 16.11.2018 gÀAvÉ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À G¥À¤§AzsÀPÀgÀÄ, ªÀÄAqÀå f¯Éè, ªÀÄAqÀågÀªÀgÀÄ ¨ÉÊ¯Á wzÀÄÝªÀrAiÀÄ£ÀÄß D£ÀÄªÉÆÃ¢¹ £ÉÆAzÁ¬Ä¹gÀÄvÁÛgÉ. CzÀgÀAvÉ '©' vÀgÀUÀw gÉÊvÀ ¸ÀzÀ¸ÀågÀ µÉÃj£À ªÀÄÄR¨É¯É gÀÆ.1000.00 UÀ¼ÀÄ ªÀÄvÀÄÛ µÉÃgÀÄ ±ÀÄ®ÌzÀ ¨Á§Ä gÀÆ.100.00 UÀ¼ÀÄ DVgÀÄvÀÛzÉ.

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ªÀiÁ£Àå '©' vÀgÀUÀw ¸ÀzÀ¸ÀågÁzÀ vÀªÀÄä µÉÃgÀÄ ªÉÆ§®UÀÄ gÀÆ.500.00UÀ¼ÀÄ EzÀÄÝ ¨ÁQ µÉÃgÀÄ ªÉÆ§®UÀÄ gÀÆ.500.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀÄªÀ µÉÃgÀÄ ±ÀÄ®Ì gÀÆ.90.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ590,00UÀ¼À£ÀÄß ¥ÁªÀw¸À®Ä ºÁUÀÆ ªÀiÁ£Àå '©' vÀgÀUÀw PÉ®ªÀÅ ¸ÀzÀ¸ÀågÀ µÉÃgÀÄ ªÉÆ§®UÀÄ gÀÆ.100.00UÀ¼ÀÄ EzÀÄÝ. ¨ÁQ µÉÃgÀÄ ªÉÆ§®UÀÄ gÀÆ900.00UÀ¼ÀÄ PÀrªÉÄ EgÀÄvÀÛzÉ. EzÀgÀ eÉÆvÉUÉ ¨ÁQ EgÀÄªÀ µÉÃgÀÄ ¸ÀÄ®Ì gÀÆ 100.00UÀ¼ÀÄ ¸ÉÃj MlÄÖ gÀÆ 1000.00UÀ¼À£ÀÄß ¢£ÁAPÀ:11.12.2021 gÉÆ¼ÀUÉ ¸ÀAWÀPÉÌ ¥ÁªÀw¸ÀÄªÀAvÉ F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¹zÉ. ªÀÄÄAzÀÄªÀjzÀÄ EzÀ®èzÉ PÀ£ÁðlPÀ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ¼À C¢ü¤AiÀÄ£ÀÄ 1959gÀ ¥ÀæPÀgÀt 20(2) (J4) ºÁUÀÆ (J5)gÀrAiÀÄ°è£À CªÀPÁ±ÀUÀ¼ÀAvÉAiÀÄÆ CºÀðvÉAiÀÄÆ ºÉÆA¢gÀ¨ÉÃPÁVgÀÄvÀÛzÉ.

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vÀ¦àzÀ°è ªÀÄÄAzÉ d£ÀªÀj 2022gÀ ªÀiÁºÉAiÀÄ°è £ÀqÉAiÀÄ°gÀÄªÀ DqÀ½vÀ ªÀÄAqÀ° ZÀÄ£ÁªÀuÉAiÀÄ°è ªÀÄvÀ ZÀ¯Á¬Ä¸À®Ä ºÁUÀÆ ¸Àà¢üð¸À®Ä CªÀPÁ±À«gÀÄªÀÅ¢®è JA§ «µÀAiÀÄªÀ£ÀÄß F ªÀÄÆ®PÀ vÀªÀÄUÉ w½¸À¯ÁVzÉ.

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7 -

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NC: 2025:KHC-D:3297 WP No. 100172 of 2025

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‘7. A perusal of the Rules discloses that the preparation of provisional list of voters, filing of objection against the provisional list of voters, consideration of the objection by the Collector and finalising the list of voters, all occur in the Rules which cover the entire process of the election. The Rules framed for election of specified societies are complete code in itself providing for the entire process of election beginning from the stage of preparation of the provisional voters list, decision on the objection by the Collector, finalisation of electoral rolls, holding of election and declaration of result of the election. In view of the scheme of the Act and Rules, the preparation of voters' list must be held to be part of the election process for constituting managing committee of a specified society.

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12. In view of our finding that preparation of the electoral roll is being an intermediate stage in the process of election of the managing committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the electoral roll. It is not disputed that the election in question has already been held and the result thereof has been stayed by an order of this Court, and once the result of the election is declared, it

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8 - NC: 2025:KHC-D:3297 WP No. 100172 of 2025

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would be open to the appellant to challenge the election of returned candidate, if aggrieved, by means of an election petition before the election tribunal.

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12. It follows from this decision

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that the adjudication of all questions must be as provided under Section 70(2) of the Co-operative Societies Act² . However, in the present case the respondents admit that there are deficiencies in finalization of Final Electoral List. The petitioners are admittedly not issued with individual notice as required under the provisions of Rule13-D (2-A) of the Co-operative Societies Rules; the petitioners have now cast their votes in the elections on 23.04.2022; the petitioners are not given the opportunity to show cause against the allegations

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2 70. Disputes which may be referred to Registrar for decision.(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, or the business of a co-operative society arises,—

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(a) xxxxxxxxx

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(2). For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely:—

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(a). XXXXXXXXXXX

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(b). XXXXXXXXXXXXX

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(c). any dispute arising in connection with the election of a President, Vice- president, Chairman, Vice-chairman, Secretary, Treasurer or Member of Committee of the society.

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that they have created documents. The respondents, despite admitting deficiencies in finalisation of the Final Electoral List, want to invoke the rule of alternative remedy. This Court is of the considered view that, in the peculiarities of this case, the writ petitions should be disposed of with directions to the concerned respondent to announce results counting even the votes cast by the petitioners and with liberty to all the concerned to avail remedy under Section 70(2) of the Act if aggrieved by the results. If such remedy is availed raising a dispute, exclusion of votes of those petitioners who are guilty of fraud can also be considered based on the material that will be placed on record.

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Therefore, writ petitions are disposed of calling upon the Returning Officer [the fourth respondent/sixth respondent in the respective petitions] to announce the result forthwith including the votes cast by the petitioners in both the petitions. All the contentions are left open for consideration in appropriate proceedings, if commenced.”

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Learned counsel would submit that, if the same

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order is passed, it would suffice in this case also.

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In that light, the writ petition is disposed calling

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upon the respondent – Returning Officer to announce the result forthwith including the votes cast by the petitioners. All the contentions are left open for consideration in appropriate proceedings, if commenced.

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Sd/(M.NAGAPRASANNA)

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JUDGE

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NAA/CT-ASC LIST NO.: 1 SL NO.: 149

Naveen S/O Malatesh Satagi v. the State of Karnataka

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Naveen S/O Malatesh Satagi v. the State of Karnataka

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