Sri. Irayya Gurushantayya Hiremath Vs the State… — Writ and Judicial Review | Karnataka HC (2025)

Sri. Irayya Gurushantayya Hiremath Vs the State… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

None on merits; both writ petitions disposed of as infructuous, with all contentions left open and the rights of the petitioner's legal representatives qua monetary claims expressly preserved.

Issue for consideration

Whether the order dated 3/3/2022 in No.13/2021-22 passed by Respondent No.4 (Annexure-M), challenged in WP No.101194/2022, was liable to be quashed by a writ of certiorari. +4 more

Ratio / Principle

On the submission of learned counsel for the petitioners that the petitions stood rendered infructuous, both connected writ petitions were disposed of as having become infructuous; no contention was adjudicated on merits.

Key takeaways

All contentions of both parties were expressly left open; the Court recorded that the petitioner is no more and that the right of his legal representatives, if any, subsists qua the monetary claims.ratio¶61

Detailed headnote1 paragraphs

HIGH COURT OF KARNATAKA, DHARWAD BENCH (M. Nagaprasanna, J.), 24.11.2025 — WP No.101194 of 2022 (CS-RES) c/w WP No.100615 of 2022 — Writ petitions under Articles 226 and 227 of the Constitution by the Secretary/Chief Executive Officer of Kamadhenu Seva Sahakari Sangh Niyamit, Tergaon (Taluk Haliyal, Dist. Karwar), seeking certiorari against (i) an order dated 3/3/2022 in No.13/2021-22 (Annexure-M) passed by Respondent No.4, (ii) a letter dated 05.02.2022 in No.10/2020-21 (Annexure-F), and (iii) an intimation dated 04.02.2022 in No.19/A/ADM/CR-09/2021-22 (Annexure-G); and mandamus for handover of charge, permission to discharge duties as Secretary/CEO, payment of salary from November, December 2021 and January 2022 onwards, and restraint of police interference in the dispute. Learned counsel for the petitioner submitted that the petitions stood rendered infructuous; the Court disposed of both petitions as infructuous, leaving all contentions of both parties open and recording that the petitioner is no more, while the right of his legal representatives, if any, subsists qua the monetary claims. No question of law was adjudicated and no precedent was considered; of no citable value on the underlying disputes.

1 - NC: 2025:KHC-D:16263 WP No. 101194 of 2022 C/W WP No. 100615 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24^TH DAY OF NOVEMBER, 2025 BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101194 OF 2022 (CS-RES)

C/W

WRIT PETITION NO. 100615 OF 2022

IN WP NO.101194/2022 BETWEEN:

SRI. IRAYYA GURUSHANTAYYA HIREMATH, AGE: 55 YEARS, OCC: SERVICE, CHIEF EXECUTIVE OFFICER KAMADHENU SEVA SAHAKARI SANGH NIYAMIT TERGAON, AT: TERGAON, TALUK. HALIYAL, DIST: KARWAR-581356.

&PETITIONER

(BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)

AND:

Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU PIN-560001.

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY KARWAR, DIST. UTTAR KANNADA PIN-581356.

THE ASSISTANT REGISTRAR OF OF CO-OPERATIVE SOCIETY KARWAR, AT KARWAR, TALUK, KARWAR DIST. KARWAR (UTTAR KANNADA), PIN-581356.

2 -

NC: 2025:KHC-D:16263 WP No. 101194 of 2022 C/W WP No. 100615 of 2022

HC-KAR

THE CHAIRMAN KAMADHENU SEVA SAHAKARI SANGH NIYAMIT, TERGAON, AT TERGAON, TALUK. HALIYAL, DIST. KARWAR, (UTTAR KANNADA) PIN-581356.

MANJUNATH S/O. MALLARI GADI AGE. 46 YEARS, OCC. AGRICULTURE THE CHAIRMAN KAMADHENU SEVA SAHAKARI SANGH NIYAMIT, TERGAON,AT: TERGAON TALUK. HALIYAL, DIST. KARWAR, (UTTAR KANNADA) PIN- 581356.

THE CO-OPERATIVE DEVELOPMENT OFFICER, JOIDA AND HALIYAL C/O. TAPCMS, HALIYAL, AT. HALIYAL, DIST. KARWAR. PIN-581356.

&RESPONDENTS

(BY SRI.RAMESH CHIGARI, AGA FOR R1 TO R3 AND R6; SMT. KAVITA S. JADHAV, ADVCOATE FOR R4; R5-SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:

TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 3/3/2022 IN NO.13/2021-22 PASSED BY THE 4^TH RESPONDENT VIDE ANNEXURE-M.

TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 TO 6 TO HANDOVER THE CHARGE TO THE PETITIONER FORTHWITH AND TO PERMIT THE PETITIONER TO DISCHARGE HIS DUTY AS SECRETARY OF THE KAMADHENU SEVA SAKARI SANGH NIYAMIT., TERGAV, TALUK, HALIYAL, DIST.UTTARKANNADA.

3 -

NC: 2025:KHC-D:16263 WP No. 101194 of 2022 C/W WP No. 100615 of 2022

HC-KAR

TO DIRECT THE RESPONDENTS NO.3, 4 AND 5 TO RELEASE SALARY FROM NOVEMBER, DECEMBER 2021 AND JANUARY 2022 ONWARDS FORTH WITH AND CONTINUE TO PAY THE REGULAR SALARY TO THE PETITIONER FORTHWITH IN THE INTEREST OF JUSTICE AND EQUITY.

IN WP NO.100615/2022

BETWEEN:

SRI. IRAYYA GURUSHANTAYYA HIREMATH, AGE: 55 YEARS, OCC: SERVICE, CHIEF EXECUTIVE OFFICER KAMADHENU SEVA SAHAKARI SANGH NIYAMIT TERGAON, AT TERGAON, TALUK. HALIYAL, DIST KARWAR PIN -581356

&PETITIONER

(BY SRI. SHIVARAJ P MUDHOL, ADVOCATE)

AND:

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M.S. BUILDING, BENGALURU PIN-560001.

THE ASSISTANT REGISTRAR OF OF CO-OPERATIVE SOCIETY KARWAR, TALUK: HALIYAL DIST. KARWAR PIN:

THE CHAIRMAN KAMADHENU SEVA SAHAKARI SANGH NIYAMIT, TERGAON, TERGAON AT: TERGAON, TALUK: HALIYAL, DIST. KARWAR PIN- 581356.

4 -

NC: 2025:KHC-D:16263 WP No. 101194 of 2022 C/W WP No. 100615 of 2022

HC-KAR

THE CIRCLE INSTPECTOR OF POLICE, HALIYAL, TALUK: HALIYAL, DIST: KARWAR, PIN:

THE POLICE SUB-INSPECTOR, HALIYAL, TQ: HALIYAL DIST KARWAR.

&RESPONDENTS

(BY SRI.RAMESH CHIGARI, AGA R1, R2, R4 AND R5; SMT. KAVITA S. JADHAV, ADVOCATE FOR R3 FOR SRI. ARUN L. NEELOPANT, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO:

TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.4 I.E., CIRCLE INSPECTOR OF POLICE NOT TO INTERFERE WITH DISPUTE BETWEEN THE PETITIONER AND THE 3^RD RESPONDENT FURTHER DIRECT THE 4^TH RESPONDENT NOT TO INTERFERE WITH THE PETITIONER FOR JOINING DUTY TO THE POST OF SECRETARY/CHIEF EXECUTIVE OF THE KAMADHENU SEVA SAHAKARI SANGH NIYAMIT TERGAON TALUK HALIYAL DIST KARWAR.

TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED LETTER DATED 05.02.2022 IN NO.10/2020-21 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-F AND INTIMATION LETTER DATED 04.02.2022 IN NO.19/A/ADM/CR-09/2021-22 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-G.

THESE WRIT PETITIONS, COMING ON FOR ORDERS THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:16263 WP No. 101194 of 2022 C/W WP No. 100615 of 2022

HC-KAR

ORAL ORDER

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

The learned counsel appearing for the petitioners submits

the petitions are rendered infructuous.

In the light of the said submission, the petitions are disposed as having become infructuous.

All contentions of both the parties shall remain open in the light of the fact that the petitioner is no more and the right of the legal representatives, if any, shall subsist qua the monetary claims.

Sd/(M.NAGAPRASANNA)

JUDGE

Rsh / CT:ANB List No.: 1 Sl No.: 233