Disposed¶39

Sri Mahesh v. the Registrar of Co-Operative Society

Karnataka Co-operative Societies Act, 1959 – Order under S.12(6)

Karnataka HC21 Mar 2025WP/7023/2025

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What is this about?

WP No. 7023 of 2025 (CS-RES), High Court of Karnataka, decided 21.03.2025 by Suraj Govindaraj J. Writ of certiorari under Articles 226/227 against Registrar's order dated 05.10.2024 under Section 12(6) of the Karnataka Co-operative Societies Act, 1959; alternative efficacious remedy under Section 106(1B); petition disposed of with liberty reserved; Hassan co-operative societies; maintainability / alternative remedy doctrine.

What did the court decide?

No relief granted; petition disposed of with liberty reserved to the petitioners to avail the alternative remedy under Section 106(1B) against the impugned order. ¶39

Sri Mahesh Vs the Registrar of Co-Operative Society — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:12417 WP No. 7023 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST 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. 7023 OF 2025 (CS-RES)

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BETWEEN:

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SRI MAHESHA S/O SRI. RAMEGOWDA, AGED ABOUT 56 YEARS, R/AT SATTIGARAHALLI KOPPALU, KATTAYA HOBLI, KARLE, ALUR, HASSAN-573201

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SRI.SWAMY GOWDA S/O SRI.KALEGOWDA, AGED ABOUT 69 YEARS, R/AT SATTIGARAHALLI, KARLE, KATTAY HOBLI, HASSAN-573120

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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SRI.S.N. SIDDAPPA, S/O LATE NIRANJANAPPA, AGED ABOUT 52 YEARS, R/AT SATTIGARAHALLI, KATTAYA HOBLI, HASSAN-573120

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S.P. SIDDALINGAPPA, S/O PUTTASWAMY GOWDA, AGED ABOUT 56 YEARS, R/AT SATTIGARAHALLI, KATTAYA HOBLI, HASSAN-573120

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…PETITIONERS

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(BY SRI. CHETHAN B., ADVOCATE)

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2 - NC: 2025:KHC:12417 WP No. 7023 of 2025

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AND:

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THE REGISTRAR OF CO-OPERATIVE SOCIETY NO.1, ALI ASKER ROAD BENGALURU-560052

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, THE PLANTERS CO-OPERATIVE SOCIETY BUILDING, KARIGOWDA COLONY, B.M.ROAD HASSAN-573201

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY HASSAN SUB-DIVISION, MINI VIDHANA SOUDHA ROAD, KUVEMPUNAGAR, 2ND STAGE NEAR MATHUSHRI KALYANA MANTAPA, HASSAN-573201

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THE PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY NIGMA, KARLE, HASSAN TALUK, HASSAN-573201

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REPRESENTED BY ITS PRESIDENT REGISTERED UNDER CO-OPERATIVE SOCIETY ACT

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THE PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY NIGMA, ANKAPURA, HASSAN TALUK, HASSAN-573201

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REPRESENTED BY ITS PRESIDENT REGISTERED UNDER CO-OPERATIVE SOCIETY ACT

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THE DISTRICT COMMISSIONER HASSAN DISTRICT, HASSAN-573201

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…RESPONDENTS

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(BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3 AND R6; VIDE ORDER DATED 21.03.2025, NOTICE TO R4 AND R5 DISPENSED WITH)

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3 - NC: 2025:KHC:12417 WP No. 7023 of 2025

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.10.2024 IN SERIAL NO.28/REGISTRATION/SECTION12(6)/2023-24 PASSED BY THE R-3 HEREIN AS PER ANNX-A. GRANT AN INTERIM ORDER TO STAY OPERATION AND EXECUTION OF THE ORDER DATED 05.10.2024 IN SERIAL NO.28/REGISTRATION/ SECTION-12(6)/2023-24 PASSED BY THE R-3 PENDING THE DISPOSAL OF THIS WRIT PETITION.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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) to issue a Writ Petition is filed for issue of Writ of Certiorari or any other Writ to quash the Order dated 0510-2024 in Serial No;28/Registration/Section - 12(6)/ 2023-24 passed by the Respondent No.3. herein as per Annexure - A;

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(b) to issue such other Writ or direction or order as this Hon'ble Court may deem fit to grant in the circumstances of the case, to meet the ends of justice. "

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What has been challenged by the petitioners is an order by the Registrar under Section 12(6) of the Karnataka Co-operative Societies Act, 1959, as regards which there is an alternative efficacious remedy under Section 106

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NC: 2025:KHC:12417 WP No. 7023 of 2025

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(1B), reserving such liberty, the petition stands

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disposed off .

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SD/(SURAJ GOVINDARAJ) JUDGE

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AMM List No.: 1 Sl No.: 24