Anthonyswamy Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Anthonyswamy Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:47216 WP No. 21776 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE M G UMA

WRIT PETITION NO. 21776 OF 2024 (CS-RES)

BETWEEN:

ANTHONYSWAMY S/O MADALAIMUTTU AGED ABOUT 48 YEARS, JAKKALLI VILLAGE, HOSANAGARA KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT - 571 440

SAHANAA PRIYA.R W/O PRAKASH. F S/O RAJENDRA AGED ABOUT 26 YEARS JAKKALLI VILLAGE, TIMMARA JEEPURA POST, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571440

Digitally signed by PRASHANTH N V Location: High Court of Karnataka

M. SUBRAMINIYAN S/O MUTTUSWAMY AGED ABOUT 69 YEARS, SENIOR CITIZEN AGE BENEFIT NOT CLAIMED HOSANAGARA, JAKKALLI VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571440

N. RAAJU S/O LATE NOORONDAPPA AGED ABOUT 45 YEARS TIMMARAAJIPURA VILLAGE AND POST, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571440

BHAGYASHREE W/O BASAVARAJU

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AGED ABOUT 32 YEARS HOSANAGARA, GURUBANAKATTE, KEMPANAPAALYA POST, KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT-571440

PAASKMERY W/O LURDSWAMY AGED ABOUT 40 YEARS JAKKALLI VILLAGE, KOLLEGALA

TALUK, CHAMARAJANAGARA DISTRICT-571440

…PETITIONERS

(BY SRI. SANDESH T.B., ADVOCATE)

AND:

THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S BUILDING, AMBEDKAR VEEDHI BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHAMARAJANAGARA SUB-DIVISION, CHAMARAJANAGARA DISTRICT-571440

ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, HUNSURU SUB-DIVISION, CHAMARAJANAGARA SUB-DIVISION, CHAMARAJANAGARA DISTRICT-571440

CO-OPERATIVE SOCIETIES REGISTRATION ACT 1959

CO-OPERATIVE DEVELOPMENT OFFICER KOLLEGALA CIRCLE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571440

HOSANAGARA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., HOSANAGARA VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DRITRICT-571440 REPRESENTED BY ITS CEO,

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6. MADHEVAMMA

W/O MADHEGOWDA AGED ABOUT 55 YEARS R/AT HOSANAGARA, JAKKALLI VILLAGE KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571440

MOKSHARAAKINI W/O MADALAYMUTTU AGED ABOUT 50 YEARS R/AT HOSANAGARA, JAKKALLI VILLAGE KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571440

M. MAHIMAIDAAS W/O ANTHONYSWAMY AGED ABOUT 52 YEARS R/AT HOSANAGARA, JAKKALLI VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571440

N. SAGAAYAMANI W/O ARUL ANANDAM AGED ABOUT 54 YEARS R/AT HOSANAGARA, JAKKALLI VILLAGE KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT - 571 440

AMALRAJ S/O SELWANAAYAGAM AGED ABOUT 55 YEARS, R/AT HOSANAGARA, JAKKALLI VILLAGE KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571440

…RESPONDENTS

(BY SRI. YOGESH D. NAIK, AGA FOR R1 TO 4 SRI. PARAMESHWARAPPA .C., ADVOCATE FOR R6 TO 10 SRI. A.C. BALARAJ, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER BEARING SERIAL NO. AR42/XSN/SECTION 31/CR02/2023-24 DTD 04.09.2023 VIDE ANNEXURE-B PASSED BY THE R-3 AND SET ASIDE THE ORDER DTD 10.07.2024 IN APPEAL NO. DRCN/DLS/03/2023-24 VIDE ANNEXURE-F PASSED BY THE R-2 AND ETC.,

THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL ORDER

Heard Sri. Sandesh T.B., learned counsel for the petitioners, Sri. Yogesh D Naik, learned Additional Government Advocate for respondent Nos. 1 to 4, Sri. Parameshwarappa.C., learned counsel for respondent Nos.6 to 10 and Sri. A.C.Balaraj, learned counsel for respondent No.5. Perused the materials on record

Petitioner is challenging Annexures-'B' and 'F' on the ground that petitioner Nos.1 and 2 have never tendered their resignation and their signatures were forged for the purpose of appointing special officer. In the appeal, a categorical finding is recorded that the signatures of petitioner

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Nos.1 and 2 were made by them knowing fully well the consequences of such resignation. Now the petitioner is impugning the said order.

When the matter was posted on 14.10.2025, learned counsel for the petitioners was called upon to convince the Court as to why in the Writ Petition, a roving enquiry is required to be held by referring the disputed question of facts. However, it was noticed that handwriting expert was appointed to verify the disputed signature with the admitted signature and submit the report. But the said handwriting expert has addressed the letter that the disputed and admitted signatures have not been sent along with required fees. Therefore, no report is received by this Court.

Learned counsel for the petitioners is not in a position to convince the Court as to whether, the Writ Court would go into the disputed facts of the case to find out whether, the petitioners have in fact signed the resignation letter or not. I am of the opinion that, since the petitioners are alleging forgery of their signatures, which requires a roving

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enquiry, I do not find any reason to entertain the petition.

Hence, the petition is dismissed .

Sd/(M G UMA) JUDGE

BH CT:VS List No.: 1 Sl No.: 7