Anant S/O Mahabaleshwar Goankar Vs the State of Karnataka

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HC-KAR

NC: 2026:KHC-D:1126 WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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WRIT PETITION NO.101014 OF 2023 (CS-RES)

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C/W

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Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA

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WRIT PETITION NO.101689 OF 2023 WRIT PETITION NO.101964 OF 2023 WRIT PETITION NO.101965 OF 2023 WRIT PETITION NO.101969 OF 2023 WRIT PETITION NO.101971 OF 2023 WRIT PETITION NO.101974 OF 2023 WRIT PETITION NO.101976 OF 2023 WRIT PETITION NO.101978 OF 2023 WRIT PETITION NO.101979 OF 2023 WRIT PETITION NO.102583 OF 2023

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IN WRIT PETITION NO.101014 OF 2023 BETWEEN:

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VISWESWAR S/O. VENKATRAMAN BHAT, AGE. 70 YEARS, OCC. AGRICULTURE, R/O. DEVAS, POST. KALACHE

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TALUK, YALLAPUR, DIST. UTTARA KANNADA-581337

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…PETITIONER

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(BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE)

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HC-KAR

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NC: 2026:KHC-D:1126

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WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

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AND:

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

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REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI-ASKAR ROAD, BENGALURU-560001.

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THE DEPUTY COMMISSIONER, UTTAR KANNADA, KARWAR-581301.

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THE TAHASILDAR, YALLAPUR, TALUK. YALLAPUR, DIST. UTTAR KANNADA, KARWAR -581359.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, KARWAR, AT. KARWAR, DIST. UTTAR KANNADA-581359.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, SIRSI SUB-DIVISION SIRSI, AT. SIRSI, TQ. SIRSI, DIST. UTTAR KANNADA-581359.

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SAYYADRI SEVA SAHAKARI SANGH NIYAMIT, KALACHE, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, AT. KALACHE, TALUK. YALLAPUR, DIST. UTTAR KANNADA-581359.

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…RESPONDENTS

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(BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R6; SRI. A.P. HEGDE, ADVOCATE FOR R7)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT

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HC-KAR

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NC: 2026:KHC-D:1126 WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

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IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 7 TO WAIVE THE LOAN AMOUNT A SUM OF RS.2,99,900/- OF PETITIONER BY CONSIDERING THE PROPOSAL SUBMITTED BY THE TAHASILDAR RESPONDENT NO.4 DATED 27/5/2022 VIDE ANNEXURE-G AND PROPOSAL SUBMITTED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY SIRSI RESPONDENT NO.6 DATED 23/08/2022 VIDE ANNEXURE-H AND DECISION TAKEN BY THE 7^TH RESPONDENT IN ITS ANNUAL GENERAL BODY MEETING DATED 22/12/2022 VIDE ANNEXURE-E BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 7^TH RESPONDENT NOT TREAT THE PETITIONER AS DEFAULTER AND TAKE ANY COERCIVE STEPS AGAINST THE PETITIONER TILL DISPOSAL OF THE WRIT PETITION. 3. TO ISSUE ANY OTHER ORDER DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

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IN WRIT PETITION NO.101689 OF 2023 BETWEEN:

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VENKETARAMAN S/O. TIMMENNA GADDE, AGE. 53 YEARS, OCC. AGRICULTURE, R/O. DEVIMANEKERI, TALUK. YALLAPUR, DIST. UTTARA KANNADA-581337.

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…PETITIONER

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(BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE)

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AND:

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

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REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI-ASKAR ROAD, BENGALURU-560001.

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HC-KAR

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NC: 2026:KHC-D:1126

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WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

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THE DEPUTY COMMISSIONER, UTTAR KANNADA, KARWAR-581301.

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THE TAHASILDAR, YALLAPUR, TALUK. YALLAPUR, DIST. UTTAR KANNADA, KARWAR-581359.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, KARWAR, TALUK. KARWAR, DIST. UTTAR KANNADA-581301.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, SIRSI SUB-DIVISION, SIRSI, TALUK. SIRSI, DIST. UTTAR KANNADA-581301.

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SAYYADRI SEVA SAHAKARI SANGH NIYAMIT KALACHE, REPRESENTED BY ITS CHIEF EXECUTIVE, AT. KALACHE, TALUK. YALLAPUR, DIST. UTTAR KANNADA-581301.

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…RESPONDENTS

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(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R6; SRI. A.P. HEGDE, ADVOCATE FOR R7)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 7 TO WAIVE THE LOAN AMOUNT A SUM OF RS.6,12,459/OF PETITIONER, BY CONSIDERING THE PROPOSAL SUBMITTED BY THE TAHASILDAR I.E. RESPONDENT NO.4 DATED 27/5/2022 VIDE ANNEXURE-G AND PROPOSAL SUBMITTED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY SIRSI RESPONDENT NO.6 DATED 23/08/2022 VIDE ANNEXURE-H AND DECISION TAKEN BY THE 7^TH RESPONDENT IN ITS ANNUAL GENERAL BODY MEETING DATED 22/12/2021 VIDE ANNEXURE-E BY ALLOWING THIS WRIT PETITION. 2. TO

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NC: 2026:KHC-D:1126 WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, HC-KAR WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

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ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 7^TH RESPONDENT NOT TREAT THE PETITIONER AS DEFAULTER AND TAKEN ANY COERCIVE STEPS AGAINST THE PETITIONER TILL DISPOSAL OF THE WRIT PETITION. 3. TO ISSUE ANY OTHER ORDER DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

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IN WRIT PETITION NO.101964 OF 2023 BETWEEN:

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NAGAPPA S/O. SOMU GOUDA, AGE. 43 YEARS, OCC. AGRICULTURE, R/O. GENIKUMBRI, KALACHE, TQ. YALLAPUR, DIST. UTTARA KANNADA-581337.

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…PETITIONER

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(BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE)

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AND:

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

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REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI-ASKAR ROAD, BENGALURU-560001.

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THE DEPUTY COMMISSIONER, UTTAR KANNADA, KARWAR-581301.

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THE TAHASILDAR, YALLAPUR, TQ. YALLAPUR, DIST. UTTAR KANNADA, KARWAR-581359.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, KARWAR, TQ. KARWAR, DIST. UTTARA KANNADA-581301.

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HC-KAR

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NC: 2026:KHC-D:1126

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WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, SIRSI SUB-DIVISION, SIRSI TQ. SIRSI, DIST. UTTAR KANNADA-581301.

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SAYYADRI SEVA SAHAKARI SANGH NIYAMIT KALACHE, REPRESENTED BY ITS CHIEF EXECUTIVE, AT. KALACHE, TQ. YALLAPUR, DIST. UTTAR KANNADA-581301.

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…RESPONDENTS

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(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R6; SRI. A.P. HEGDE, ADVOCATE FOR R7)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 7 TO WAIVE THE LOAN AMOUNT A SUM OF RS.7,38,087/OF PETITIONER, BY CONSIDERING THE PROPOSAL SUBMITTED BY THE TAHASILDAR I.E. RESPONDENT NO.4 DATED 27/5/2022 VIDE ANNEXURE-G AND PROPOSAL SUBMITTED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY SIRSI RESPONDENT NO.6 DATED 23/08/2022 VIDE ANNEXURE-H AND DECISION TAKEN BY THE 7^TH RESPONDENT IN ITS ANNUAL GENERAL BODY MEETING DATED 22/12/2021 BY ALLOWING THIS WRIT PETITION. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 7^TH RESPONDENT NO TREAT THE PETITIONER AS DEFAULTER AND TAKE ANY COERCIVE STEPS AGAINST THE PETITIONER TILL DISPOSAL OF THE WRIT PETITION. 3. TO ISSUE ANY OTHER ORDER DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

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NC: 2026:KHC-D:1126 WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, HC-KAR WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

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IN WRIT PETITION NO.101965 OF 2023 BETWEEN:

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GANGA W/O. PARAMESHWAR HEGDE, AGE. 75 YEARS, OCC. AGRICULTURE, R/O. HEBBARKUMBRI, POST. KALACHE, TQ. YALLAPUR, DIST. UTTARA KANNADA-581337.

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…PETITIONER

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(BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, BENGALURU-01.

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REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI-ASKAR ROAD, BENGALURU-560052.

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THE DEPUTY COMMISSIONER, UTTAR KANNADA, KARWAR-581301.

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THE TAHASILDAR, YALLAPUR, TQ. YALLAPUR, DIST. UTTAR KANNADA, KARWAR-581359.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, KARWAR, TQ. KARWAR, DIST. UTTARA KANNADA-581301.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, SIRSI SUB-DIVISION, SIRSI TQ. SIRSI, DIST. UTTAR KANNADA-581301.

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HC-KAR

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NC: 2026:KHC-D:1126

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WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

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SAYYADRI SEVA SAHAKARI SANGH NIYAMIT KALACHE, REPRESENTED BY ITS CHIEF EXECUTIVE, AT. KALACHE, TQ. YALLAPUR, DIST. UTTARA KANNADA-581337.

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…RESPONDENTS

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(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R6; SRI. A.P. HEGDE, ADVOCATE FOR R7)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 7 TO WAIVE THE LOAN AMOUNT A SUM OF RS.12,51,300/OF PETITIONER, BY CONSIDERING THE PROPOSAL SUBMITTED BY THE TAHASILDAR I.E. RESPONDENT NO.4 DATED 27/5/2022 VIDE ANNEXURE-G AND PROPOSAL SUBMITTED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY SIRSI RESPONDENT NO.6 DATED 23/08/2022 VIDE ANNEXURE-H AND DECISION TAKEN BY THE 7^TH RESPONDENT IN ITS ANNUAL GENERAL BODY MEETING DATED 22/12/2021 BY ALLOWING THIS WRIT PETITION. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 7^TH RESPONDENT NO TREAT THE PETITIONER AS DEFAULTER AND TAKE ANY COERCIVE STEPS AGAINST THE PETITIONER TILL DISPOSAL OF THE WRIT PETITION. 3. TO ISSUE ANY OTHER ORDER DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

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IN WRIT PETITION NO.101969 OF 2023 BETWEEN:

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RAMAKRISHNA S/O. GANAPATI GADDE, AGE. 60 YEARS, OCC. AGRICULTURE, R/O. GADDEMANE, KALACHE, TQ. YALLAPUR, DIST. UTTARA KANNADA-581337.

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…PETITIONER (BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE)

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NC: 2026:KHC-D:1126

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WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, HC-KAR WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

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AND:

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

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REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI-ASKAR ROAD, BENGALURU-560001.

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THE DEPUTY COMMISSIONER, UTTAR KANNADA, KARWAR-581301.

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THE TAHASILDAR, YALLAPUR, TQ. YALLAPUR, DIST. UTTAR KANNADA, KARWAR-581359.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, KARWAR, TQ. KARWAR, DIST. UTTARA KANNADA-581301.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, SIRSI SUB-DIVISION, SIRSI TQ. SIRSI, DIST. UTTAR KANNADA-581301.

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SAYYADRI SEVA SAHAKARI SANGH NIYAMIT KALACHE, REPRESENTED BY ITS CHIEF EXECUTIVE, AT. KALACHE, TQ. YALLAPUR, DIST. UTTARA KANNADA-581301.

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…RESPONDENTS

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(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. R1 TO R6; SRI. A.P. HEGDE, ADVOCATE FOR R7)

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HC-KAR

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NC: 2026:KHC-D:1126

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WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 7 TO WAIVE THE LOAN AMOUNT A SUM OF RS.11,59,015/OF PETITIONER, BY CONSIDERING THE PROPOSAL SUBMITTED BY THE TAHASILDAR I.E. RESPONDENT NO.4 DATED 27/5/2022 VIDE ANNEXURE-G AND PROPOSAL SUBMITTED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY SIRSI RESPONDENT NO.6 DATED 23/08/2022 VIDE ANNEXURE-H AND DECISION TAKEN BY THE 7^TH RESPONDENT IN ITS ANNUAL GENERAL BODY MEETING DATED 22/12/2021 BY ALLOWING THIS WRIT PETITION. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 7^TH RESPONDENT NO TREAT THE PETITIONER AS DEFAULTER AND TAKE ANY COERCIVE STEPS AGAINST THE PETITIONER TILL DISPOSAL OF THE WRIT PETITION. 3. TO ISSUE ANY OTHER ORDER DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

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IN WRIT PETITION NO.101971 OF 2023 BETWEEN:

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ANANT S/O. MAHABALESHWAR GOANKAR, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. MANIGADDEKUKMBRI KALACHE, TQ. YALLAPUR, DIST. UTTARA KANNADA-581337.

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…PETITIONER

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(BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, BENGALURU-01.

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REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI-ASKAR ROAD, BENGALURU-560001.

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HC-KAR

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NC: 2026:KHC-D:1126

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WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

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THE DEPUTY COMMISSIONER, UTTAR KANNADA, KARWAR-581301.

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THE TAHASILDAR, YALLAPUR, TQ. YALLAPUR, DIST. UTTAR KANNADA, KARWAR-581359.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, KARWAR, TQ. KARWAR, DIST. UTTAR KANNADA-581301.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, SIRSI SUB-DIVISION, SIRSI TQ. SIRSI, DIST. UTTAR KANNADA-581401.

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SAYYADRI SEVA SAHAKARI SANGH NIYAMIT KALACHE, REPRESENTED BY ITS CHIEF EXECUTIVE, AT. KALACHE, TQ. YALLAPUR, DIST. UTTAR KANNADA-581337.

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…RESPONDENTS

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(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. R1 TO R6; SRI. A.P. HEGDE, ADVOCATE FOR R7)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 7 TO WAIVE THE LOAN AMOUNT A SUM OF RS.11,71,982/OF PETITIONER, BY CONSIDERING THE PROPOSAL SUBMITTED BY THE TAHASILDAR I.E. RESPONDENT NO.4 DATED 27/5/2022 VIDE ANNEXURE-G AND PROPOSAL SUBMITTED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY SIRSI RESPONDENT NO.6 DATED 23/08/2022 VIDE ANNEXURE-H AND DECISION TAKEN BY THE 7^TH RESPONDENT

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NC: 2026:KHC-D:1126

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WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, HC-KAR WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

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IN ITS ANNUAL GENERAL BODY MEETING DATED 22/12/2021 BY ALLOWING THIS WRIT PETITION. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 7^TH RESPONDENT NO TREAT THE PETITIONER AS DEFAULTER AND TAKE ANY COERCIVE STEPS AGAINST THE PETITIONER TILL DISPOSAL OF THE WRIT PETITION. 3. TO ISSUE ANY OTHER ORDER DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

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IN WRIT PETITION NO.101974 OF 2023 BETWEEN:

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RAMACHNDRA S/O. KASHI GADDE, AGE. 62 YEARS, OCC. AGRICULTURE, R/O. KASHIMANE, KALACHE, POST. KALACHE, TQ. YALLAPUR, DIST. UTTARA KANNADA-581337.

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…PETITIONER

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(BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, BENGALURU-01.

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REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI-ASKAR ROAD, BENGALURU-560001.

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THE DEPUTY COMMISSIONER, UTTAR KANNADA, KARWAR-581301.

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THE TAHASILDAR, YALLAPUR, TQ. YALLAPUR, DIST. UTTAR KANNADA-581359.

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HC-KAR

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NC: 2026:KHC-D:1126 WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, KARWAR, TQ. KARWAR, DIST. UTTAR KANNADA-581301.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, SIRSI SUB-DIVISION, SIRSI TQ. SIRSI, DIST. UTTAR KANNADA-581401.

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SAYYADRI SEVA SAHAKARI SANGH NIYAMIT KALACHE, REPRESENTED BY ITS CHIEF EXECUTIVE, AT. KALACHE, TQ. YALLAPUR, DIST. UTTAR KANNADA-581337.

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…RESPONDENTS

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(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. R1 TO R6; SRI. A.P. HEGDE, ADVOCATE FOR R7)

¶158

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 7 TO WAIVE THE LOAN AMOUNT A SUM OF RS.11,06,035/OF PETITIONER, BY CONSIDERING THE PROPOSAL SUBMITTED BY THE TAHASILDAR I.E. RESPONDENT NO.4 DATED 27/5/2022 VIDE ANNEXURE-G AND PROPOSAL SUBMITTED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY SIRSI RESPONDENT NO.6 DATED 23/08/2022 VIDE ANNEXURE-H AND DECISION TAKEN BY THE 7^TH RESPONDENT IN ITS ANNUAL GENERAL BODY MEETING DATED 22/12/2021 BY ALLOWING THIS WRIT PETITION. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 7^TH RESPONDENT NO TREAT THE PETITIONER AS DEFAULTER AND TAKE ANY COERCIVE STEPS AGAINST THE PETITIONER TILL DISPOSAL OF THE WRIT PETITION. 3. TO ISSUE ANY OTHER ORDER DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

¶159

14 -

¶160

HC-KAR

¶161

NC: 2026:KHC-D:1126

¶162

WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶163

IN WRIT PETITION NO.101976 OF 2023 BETWEEN:

¶164

SHRIHARI S/O. SHIVARAM GOANKAR, AGE. 54 YEARS, OCC. AGRICULTURE, R/O. MANIGADDE, KALACHE, POST. KALACHE, TQ. YALLAPUR, DIST. UTTARA KANNADA-581337.

¶165

…PETITIONER

¶166

(BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE)

¶167

AND:

¶168

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

¶169

REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI-ASKAR ROAD, BENGALURU-560001.

¶170

THE DEPUTY COMMISSIONER, UTTAR KANNADA, KARWAR-581301.

¶171

THE TAHASILDAR, YALLAPUR, TQ. YALLAPUR, DIST. UTTAR KANNADA, KARWAR-581359.

¶172

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, KARWAR, TQ. KARWAR, DIST. UTTAR KANNADA-581301.

¶173

THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, SIRSI SUB-DIVISION, SIRSI TQ. SIRSI, DIST. UTTAR KANNADA-581401.

¶174

15 -

¶175

NC: 2026:KHC-D:1126

¶176

WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, HC-KAR WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶177

SAYYADRI SEVA SAHAKARI SANGH NIYAMIT KALACHE, REPRESENTED BY ITS CHIEF EXECUTIVE, AT. KALACHE, TQ. YALLAPUR, DIST. UTTAR KANNADA-581337.

¶178

…RESPONDENTS

¶179

(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. R1 TO R6; SRI. A.P. HEGDE, ADVOCATE FOR R7)

¶180

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 7 TO WAIVE THE LOAN AMOUNT A SUM OF RS.7,27,615/OF PETITIONER, BY CONSIDERING THE PROPOSAL SUBMITTED BY THE TAHASILDAR I.E. RESPONDENT NO.4 DATED 27/5/2022 VIDE ANNEXURE-G AND PROPOSAL SUBMITTED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY SIRSI RESPONDENT NO.6 DATED 23/08/2022 VIDE ANNEXURE-H AND DECISION TAKEN BY THE 7^TH RESPONDENT IN ITS ANNUAL GENERAL BODY MEETING DATED 22/12/2021 BY ALLOWING THIS WRIT PETITION. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 7^TH RESPONDENT NO TREAT THE PETITIONER AS DEFAULTER AND TAKE ANY COERCIVE STEPS AGAINST THE PETITIONER TILL DISPOSAL OF THE WRIT PETITION. 3. TO ISSUE ANY OTHER ORDER DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

¶181

IN WRIT PETITION NO.101978 OF 2023 BETWEEN:

¶182

PARAMESHWAR S/O. GANAPATI HEGDE, AGE. 79 YEARS, OCC. AGRICULTURE, R/O. HEBBARKUMBRI, POST. KALACHE, TQ. YALLAPUR, DIST. UTTARA KANNADA-581337. …PETITIONER (BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE)

¶183

16 -

¶184

NC: 2026:KHC-D:1126

¶185

HC-KAR

¶186

WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶187

AND:

¶188

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

¶189

REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI-ASKAR ROAD, BENGALURU-560001.

¶190

THE DEPUTY COMMISSIONER, UTTAR KANNADA, KARWAR-581301.

¶191

THE TAHASILDAR, YALLAPUR, TQ. YALLAPUR, DIST. UTTAR KANNADA, KARWAR-581359.

¶192

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, KARWAR, TQ. KARWAR, DIST. UTTARA KANNADA-581359.

¶193

THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, SIRSI SUB-DIVISION, SIRSI, TQ. SIRSI, DIST. UTTAR KANNADA-581401.

¶194

SAYYADRI SEVA SAHAKARI SANGH NIYAMIT KALACHE, REPRESENTED BY ITS CHIEF EXECUTIVE, AT. KALACHE, TQ. YALLAPUR, DIST. UTTAR KANNADA-581337.

¶195

…RESPONDENTS

¶196

(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. R1 TO R6; SRI. A.P. HEGDE, ADVOCATE FOR R7)

¶197

17 -

¶198

HC-KAR

¶199

NC: 2026:KHC-D:1126 WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶200

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 7 TO WAIVE THE LOAN AMOUNT A SUM OF RS.12,99,883/OF PETITIONER, BY CONSIDERING THE PROPOSAL SUBMITTED BY THE TAHASILDAR I.E. RESPONDENT NO.4 DATED 27/5/2022 VIDE ANNEXURE-G AND PROPOSAL SUBMITTED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY SIRSI RESPONDENT NO.6 DATED 23/08/2022 VIDE ANNEXURE-H AND DECISION TAKEN BY THE 7^TH RESPONDENT IN ITS ANNUAL GENERAL BODY MEETING DATED 22/12/2021 BY ALLOWING THIS WRIT PETITION. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 7^TH RESPONDENT NO TREAT THE PETITIONER AS DEFAULTER AND TAKE ANY COERCIVE STEPS AGAINST THE PETITIONER TILL DISPOSAL OF THE WRIT PETITION. 3. TO ISSUE ANY OTHER ORDER DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

¶201

IN WRIT PETITION NO.101979 OF 2023 BETWEEN:

¶202

RAMANATH S/O. PARAMESHWAR HEGDE, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. HEBBARKUMBRI, POST. KALACHE, TQ. YALLAPUR, DIST. UTTARA KANNADA-581337.

¶203

…PETITIONER

¶204

(BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE)

¶205

AND:

¶206

THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, BENGALURU-01.

¶207

REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI-ASKAR ROAD, BENGALURU-560001.

¶208

18 -

¶209

HC-KAR

¶210

NC: 2026:KHC-D:1126

¶211

WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶212

THE DEPUTY COMMISSIONER, UTTAR KANNADA, KARWAR-581301.

¶213

THE TAHASILDAR, YALLAPUR, TQ. YALLAPUR, DIST. UTTAR KANNADA-581359.

¶214

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, KARWAR, TQ. KARWAR DIST. UTTAR KANNADA-581301.

¶215

THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, SIRSI SUB-DIVISION, SIRSI TQ. SIRSI, DIST. UTTAR KANNADA-581401.

¶216

SAYYADRI SEVA SAHAKARI SANGH NIYAMIT KALACHE, REPRESENTED BY ITS CHIEF EXECUTIVE, AT. KALACHE, TQ. YALLAPUR, DIST. UTTAR KANNADA-581337.

¶217

…RESPONDENTS

¶218

(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. R1 TO R6; SRI. A.P. HEGDE, ADVOCATE FOR R7)

¶219

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 7 TO WAIVE THE LOAN AMOUNT A SUM OF RS.16,63,566/OF PETITIONER, BY CONSIDERING THE PROPOSAL SUBMITTED BY THE TAHASILDAR I.E. RESPONDENT NO.4 DATED 27/5/2022 VIDE ANNEXURE-G AND PROPOSAL SUBMITTED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY SIRSI RESPONDENT NO.6 DATED 23/08/2022 VIDE ANNEXURE-H AND DECISION TAKEN BY THE 7^TH RESPONDENT

¶220

19 -

¶221

NC: 2026:KHC-D:1126

¶222

WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, HC-KAR WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶223

IN ITS ANNUAL GENERAL BODY MEETING DATED 22/12/2021 BY ALLOWING THIS WRIT PETITION. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 7^TH RESPONDENT NO TREAT THE PETITIONER AS DEFAULTER AND TAKE ANY COERCIVE STEPS AGAINST THE PETITIONER TILL DISPOSAL OF THE WRIT PETITION. 3. TO ISSUE ANY OTHER ORDER DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

¶224

IN WRIT PETITION NO.102583 OF 2023 BETWEEN:

¶225

VISHWESHWAR S/O. VENKATRAMAN BHAT, AGE. 70 YEARS, OCC. AGRICULTURE, R/O. DEVAS, POST. KALACHE, TQ. YALLAPUR, DIST. UTTAR KANNADA-581337.

¶226

RAMANATH S/O. PARAMESHWAR HEGDE, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. HEBBARKUMBRI, POST. KALACHE, TQ. YALLAPUR, DIST. UTTARA KANNADA-581337.

¶227

…PETITIONERS

¶228

(BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE)

¶229

AND:

¶230

THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, BENGALURU-01.

¶231

REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI-ASKAR ROAD, BENGALURU-560001.

¶232

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, KARWAR, TQ. KARWAR,

¶233

20 -

¶234

HC-KAR

¶235

NC: 2026:KHC-D:1126

¶236

WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶237

DIST. UTTAR KANNADA-581301.

¶238

YALLAPUR TALUK AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LTD., YALLAPUR, AT YALLAPUR, TQ. YALLAPUR, DIST. UTTAR KANNADA-581301.

¶239

…RESPONDENTS

¶240

(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R3; SRI. NARAYAN V.YAJI, ADVOCATE FOR R4)

¶241

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 4 TO WAIVE THE LOAN AMOUNT A SUM OF RS.9,44,931/- 14,97,907/- OF PETITIONERS RESPECTIVELY, BY CONSIDERING THE RECOMMENDATION DATED 12/08/2022 SUBMITTED BY RESPONDENT NO.4 VIDE ANNEXURE-F, F1 AND DECISION TAKEN BY THE 4^TH RESPONDENT IN ITS COMMITTEE MEETING DATED 30/07/2022 IN RESOLUTION NO.22(3) BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 4^TH RESPONDENT NOT TREAT THE PETITIONERS AS DEFAULTERS AND NOT TAKE ANY COERCIVE STEPS AGAINST THE PETITIONERS TILL DISPOSAL OF THE WRIT PETITION. 3. TO ISSUE ANY OTHER ORDER DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

¶242

THESE WRIT PETITIONS, COMING ON FOR PART HEARD, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶243

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¶244

NC: 2026:KHC-D:1126 WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, HC-KAR WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶245

ORAL ORDER

¶246

All these writ petitions are filed seeking a direction to respondent/Deputy Commissioner and the respondent/Deputy Registrar of Co-operative Societies to waive the loan amount by considering the proposal submitted by the Tahsildar and proposal submitted by the Assistant Registrar of Co-Operative Societies dated 23.08.2022 and the decision taken by the respondentSociety in its Annual General Body Meeting dated 22.12.2022.

¶247

The facts of the case are that the petitioners are the agriculturists and they have been doing agricultural work and growing coconut, banana plantations areca nut trees, pepper, coco, jack fruit tree etc., For the purpose of doing agricultural operations, they used to avail financial assistance of the respondent/Co-operative Society, since all the petitioners are members of the respondent/Co-operative Society. All the petitioners have taken loans from the respondent/Co-operative Society. It is stated that because of heavy rain and the landslide on 22.07.2021 and 23.07.2021, the entire trees and household articles of the petitioners have washed away. As there was

¶248

22 -

¶249

HC-KAR

¶250

NC: 2026:KHC-D:1126

¶251

WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶252

continuous heavy rain for several days, most parts of the petitioners’ land have been destroyed. The Geological Survey of India has conducted investigation on 10.09.2021 to 15.09.2021 and they have submitted a report. The report clearly shows that there was landslide disaster in the village, where the lands of the petitioners are situated. In view of the loss sustained by the petitioners, they gave representations on 30.03.2022, 06.06.2022, 22.06.2022, 23.06.2022 and 25.06.2022 to the respondent/the Registrar of Co-operative Societies in Annual General Body Meeting to send their proposal to the government to waive the loan of Society members. Petitioners had requested the Government as well as the Co-operative Society to waive the loan and their representations are pending consideration. The respondent/Co-operative Society has issued notice calling upon the petitioners to repay the loan. They made request to the Tahsildar requesting him to waive their loan amount in the respondent/Co-operative society in view of the loss and damage suffered by them. The Tahsildar recommended it to the respondent/Deputy Commissioner for taking appropriate steps to

¶253

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¶254

NC: 2026:KHC-D:1126 WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, HC-KAR WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶255

waive the society loan of the petitioners. It is stated that the respondent/Assistant Registrar of Co-operative Societies addressed a letter to the respondent/Deputy Registrar of Cooperative Societies by recommendation dated 23.08.2022 requesting the Higher Authorities to take appropriate steps to waive the loan amount of the petitioners and farmers, who are flooded and landslide affected persons.

¶256

The learned counsel appearing for the petitioners submits that in spite of the recommendation made by the Tahsildar and request made by the respondent/Co-operative Society, no action has been initiated by the respondent/Deputy Commissioner and the respondent/Deputy Registrar of Cooperative Societies and hence, the petitioners have approached this Court. The respondent/co-operative society is pressurizing the petitioners to repay the loan amount.

¶257

Learned counsel appearing for the respondent/co-

¶258

operative society submits that the letters that are addressed by the respondent/society to the respondent/Deputy Commissioner

¶259

24 -

¶260

NC: 2026:KHC-D:1126

¶261

WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, HC-KAR WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶262

were rejected by letter dated 14.10.2024 stating that in case of natural disasters, the government will pay the compensation and the loan amount cannot be waived. Learned counsel submits that as already the request made by the respondent/Co-operative society is rejected, nothing survives for consideration in this writ petition.

¶263

In response to that, learned counsel appearing for the petitioners submits that their representations are still pending before the respondent/Deputy Commissioner and the respondent/Deputy Registrar of Co-operative Societies. It is submitted that their representations seeking enforcement or seeking the benefit based on the report of Tahsildar are still pending consideration before the respondent/Deputy Commissioner and the respondent/Deputy Registrar of Cooperative Societies. They ought to have considered the same and pass appropriate orders. If any order is passed and the petitioners are not satisfied with the same, they will have a remedy against the same. But the respondents cannot keep quiet without considering the representations of the petitioners.

¶264

25 -

¶265

NC: 2026:KHC-D:1126 WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, HC-KAR WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶266

Learned AGA submits in line with the counsel for the respondent/Co-operative Society that, as the proposal sent by the respondent/society is already rejected, the question of considering the request of the petitioners independently will not arise and the petitions have become infructuous in the light of the letter dated 14.10.2024.

¶267

Having heard the counsel on either side, perused the

¶268

material on record. The petitioners, who are the agriculturalists, who sustained losses in view of the heavy rains and landslides, have made their representations and in fact the survey was conducted, the Tahsildar also placed his report to the respondent/Deputy Commissioner stating what are the losses that were sustained by the petitioners. The respondent/Society has also requested the Government to waive of the loan. The request of the respondent/Society was rejected by letter dated 14.10.2024, but the representations that are made by the petitioners in the light of the report by the Tahsildar are still pending consideration before the respondent/Deputy Commissioner and the respondent/Deputy Registrar of Co-

¶269

26 -

¶270

NC: 2026:KHC-D:1126

¶271

WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, HC-KAR WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶272

operative Societies. They ought to have considered the said representation of the petitioners. If the petitioners are aggrieved by the same, they will get an opportunity to assail the same. In these circumstances, this Court do not find force in the argument of the learned counsel for the respondent/Society as well the learned AGA. Hence, this Court is passing the following:

¶273

ORDER

¶274

(i) W.P.No.101014/2023, W.P.No.101689/2023, W.P.No.101964/2023, W.P.No.101965/2023, W.P.No.101969/2023, W.P.No.101971/2023, W.P.No.101974/2023, W.P.No.101976/2023, W.P.No.101978/2023, W.P.No.101979/ 2023, W.P.No.102583/2023 are disposed off directing respondent-Deputy Commissioner and respondent/Deputy Director of Cooperative Societies to consider the representations made by the petitioners in the light of the report of the Tahsildar and pass

¶275

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¶276

HC-KAR

¶277

NC: 2026:KHC-D:1126

¶278

WP No. 101014 of 2023 C/W WP No. 101689 of 2023, WP No. 101964 of 2023, WP No. 101965 of 2023, WP No. 101969 of 2023, WP No. 101971 of 2023, WP No. 101974 of 2023, WP No. 101976 of 2023, WP No. 101978 of 2023, WP No. 101979 of 2023, WP No. 102583 of 2023

¶279

appropriate orders within a period of eight weeks from the date of receipt of the copy of

¶280

the order.

¶281

(ii)All I.A.s, in these writ petitions, stand closed.

¶282

Sd/JUSTICE LALITHA KANNEGANTI

¶283

YAN CT: UMD List No.: 1 Sl No.: 1

Anant S/O Mahabaleshwar Goankar v. the State of Karnataka

Case brief

What is this about?

What the court decided

Anant S/O Mahabaleshwar Goankar v. the State of Karnataka

Case brief

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