Dismissed¶41

Ramesh H K v. State of Karnataka

Karnataka HC6 Mar 2025WP/5370/2025

Case brief

AI extract

What is this about?

Certiorari against show cause notice; Karnataka Co-operative Society Act, 1959; Articles 226 and 227 of the Constitution of India; maintainability of writ petition against show cause notice; delay in filing reply; stay refused; Huskur Milk Producers Co-operative Society; Deputy Registrar / Asst. Deputy Registrar of Co-operative Society, Doddaballapura; State of Karnataka; WP No. 5370 of 2025 (CS-RES); dismissed by Suraj Govindaraj J. on 06.03.2025.

What did the court decide?

There being a delay on the part of the petitioners themselves in submitting the reply to the notice issued on 15.2.2025, a relief of stay cannot be sought for at this length of time. ¶40

Ramesh H K Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:9905 WP No. 5370 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 5370 OF 2025 (CS-RES)

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BETWEEN:

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RAMESH H K AGED 49 YEARS, S/OKRISHNAPPA,

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RAJANNA AGED 70 YEARS S/O HUCHEPPA

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MUNIRAJA AGED 45 YEARS S/O THIMMAGOWDA

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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MANJUNATH G AGED 56 YEARS S/O GANGADHARAPPA

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YELLAPPA AGED 60YEARS S/O DODDA MALLARAPPA

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MANJUATH B AGED 52 YEARS C/O CHIKKABACHAPPA

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VENKAMMA AGED 50 YEARS C/O NANJEGOWDA

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ASHWATHAPPA AGED 51YEARS S/O RAMAIAH

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2 - NC: 2025:KHC:9905 WP No. 5370 of 2025

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NAGARAJU H M AGED 44 YEARS S/O LATE MUNIYAPPA

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JAYARAMAIAH AGED 69 YEARS S/O SAMPANGAPPA

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ALL ARE R/A HUSKUR, ARALUMALLIGE, DODDABALLAPURA TALUK, BANGALORE RURAL- 561203.

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…PETITIONERS

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(BY SRI. KARUNAKARA P.,ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY FOR DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE-560001

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DEPUTY REGISTRAR OF COOPERATIVE SOCIETY, DODDABALLAPURA TALUK, BANGALORE RURAL- 561203.

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ASST. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, DODDABALLAPURA SUB -DIVISION, DODDABALLAPURA TALUK, BANGALORE RURAL- 561203.

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HUSKUR MILK PRODUCERS CO-OPERATIVE SOCIETY HUSKUR, ARALUMALLIGE, DODDABALLAPURA TALUK, BANGALORE RURAL- 561203

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…RESPONDENTS

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(BY SRI. YOGESH D. NAIK., AGA FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI TO QUASH THE NOTICE DTD. 15.02.2025 WHICH IS PRODUCED AT ANNX-A AND ETC.

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3 - NC: 2025:KHC:9905 WP No. 5370 of 2025

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioners are before this Court seeking for the following reliefs:

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a. Issue a writ of certiorari to quash the notice dated 15.02.2025, which is produced at Annexure-A

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b. Issue any other relief by this Hon’ble Court may be deems fit based on circumstances and facts of the case.

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What has been challenged is a notice issued by Respondent No.3 dated 15.2.2025 at Annexure-A. It is not in dispute that respondent No.3 has the authority under the Karnataka Co-operative Society Act, 1959 to issue such a notice at Annexure-A. The date had been fixed on 25.2.2025 for the petitioner to file the reply and thereafter appear for hearing and subsequently, the matter had been adjourned to today.

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4 - NC: 2025:KHC:9905 WP No. 5370 of 2025

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The learned counsel for the petitioners submits that today a reply has been filed. If a reply has been filed today, it is for respondent No.3 to consider the same and pass necessary orders. There being a delay on part of the petitioner himself in submitting a reply to the notice which had been issued on 15.2.2025, a relief of stay cannot be sought for at this length of time. Further more, the petition itself is not maintainable in view of a show cause notice having been challenged. No grounds being made out, the

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petition stands dismissed .

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Sd/(SURAJ GOVINDARAJ) JUDGE

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PRS List No.: 1 Sl No.: 16

Ramesh H K v. State of Karnataka

Case brief

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Ramesh H K v. State of Karnataka

Case brief

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