B.G. Anjinappa Vs the Deputy Registrar — Writ and Judicial Review | Karnataka HC (2026)

B.G. Anjinappa Vs the Deputy Registrar — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Interim order dated 28.08.2023 continued till disposal of the appeal; Appellate Authority directed to dispose of the appeal within two months from receipt of a copy of the order; pending IAs disposed of as not surviving

Issue for consideration

Whether the interim order dated 28.08.2023 granted by the High Court should be continued till disposal of Appeal No. DRB/3/Appeal/02/2023-24 pending before respondent No.1

Court's answer

Since the appeal is pending before respondent No.1, it is appropriate that the interim order granted by this Court on 28.08.2023 be continued, as no injustice would be caused by its continuance

Ratio / Principle

The writ petition is disposed of and the interim order dated 28.08.2023 is continued till the disposal of the appeal

Key takeaways

The Appellate Authority is directed to dispose of the appeal within two months from the date of receipt of a copy of the orderratio¶¶54
In view of disposal of the writ petition, pending IAs do not survive for consideration and are disposed of accordinglyratio¶¶55

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India by ten petitioners described as ex-president, ex-vice president, treasurer and ex-directors, seeking quashing of the orders dated 10.08.2023 (ARB-50/29C/01/2023-24, Annexure-C) and 11.08.2023 (ARB-50/VISHESADHIKARI/31(1)/32/2023-24, Annexure-C1) passed by respondent No.2, Assistant Registrar of Co-operative Societies, and of the order dated 21.08.2023 passed by respondent No.1, Deputy Registrar of Co-operative Societies, in Appeal No.DRB/3/Appeal/02/2023-24 on I.A.Nos.1 and 2 (Annexure-F), whereby the Deputy Registrar declined to grant an interim order staying execution and operation of the impugned order in Appeal No.2/2023-24. An interim order had been granted by the High Court on 28.08.2023. Holding that, the appeal being pending before respondent No.1, no injustice would be caused by continuation of the interim order, Ashok S. Kinagi, J. disposed of the writ petition, continued the interim order dated 28.08.2023 till disposal of the appeal, and directed the Appellate Authority to dispose of the appeal within two months from the date of receipt of a copy of the order. Pending IAs were disposed of as not surviving for consideration.

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NC: 2026:KHC:1150 WP No. 18998 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 18998 OF 2023 (CS-RES)

BETWEEN:

B.G. ANJINAPPA S/O GUNDAREDDY, AGED ABOUT 59 YEARS EX - PRESIDENT, BIDARAGUPPE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 562107.

Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

SRI. M MUKUNDA S/O MUNIYAPPA AGED ABOUT 45 YEARS, EX- VICE PRESIDENT, BHUVANESHWARI NAGAR MAHCNAHANAHALLI ROAD, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 562107.

SRI. V VENKATESH, S/O VENKATARAMANAPPA AGED ABOUT 52 YEARS, TREASURER RAGHAVENDRA COLONY ROAD CHIKKANAHALLI ROAD, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 562107.

SRI MANJUNATH REDDY S/O SHAMAIAH REDDY

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AGED ABOUT 55 YEARS, EX DIRECTOR, MAYURA BAKERY SARJAPURA ROAD, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 562107.

SMT. SHASHIKALA NARAYANASWAMY W/O NARAYANASWAMY AGED ABOUT 53 YEARS, EX DIRECTOR, BEHIND MUNESHWARA TEMPLE ANEKAL ROAD, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 562107.

SRI Y NARAYANAYA REDDY S/O YELLA REDDY AGED ABOUT 60 YEARS, EX DIRECTOR, KAMBALIPURA VILLAGE, MAYASANDRA POST, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 562107.

SRI B.G. ANIL KUMAR S/O GULLAREDDY AGED ABOUT 40 YEARS EX DIRECTOR, BALLURU VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 562107.

SRI. B.R. MURTHY S/O RAMAKRISHNAPPA AGED ABOUT 41 YEARS, EX DIRECTOR, BIDARAGUPPE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 562107.

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SRI GOVINDARAJ S/O JAYARAMAIAH AGED ABOUT 45 YEARS, EX DIRETOR, ANEKAL ROAD ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 562107.

SRI. B.K. RANGASWAMY S/O KADAPPA, AGED ABOUT 41 YEARS, EX DIRETOR, BALAGARANAHALLI VILLAGE, NERALURU POST, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 562107.

…PETITIONERS

(BY SRI. VARUN JAYKUMAR PATIL., ADVOCATE FOR SRI. MAHAMMED TAHIR, ADVOCATE)

AND:

THE DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES 3^RD CIRCLE, BANGALORE DISTRICT NO.146, SHAKARA SOUDHA 2^ND FLOOR, 8TH CROSS 3^RD MAIN ROAD, MARGOSA ROAD MALLESHWARAM, BANGALORE - 560003.

THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES III CIRCLE, BENGALURU URBAN DISTRICT NO.146, SAHAKARA SADANA MARGOSA ROAD, MALLESWARAM BENGALURU - 560003.

THE JAYABHARATHI EDUCATION CO-OEPRATIVE SOCIETY LTD.,

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ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 562107. REP. BY ITS CHIEF EXECUTIVE REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT 1959

THE SPECIAL OFFICER, JAYABHARATHI EDUCATION CO-OPERATIVE SOCIETY LTD., ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 562107. AND ALSO CO-OPERATIVE DEVELOPMENT OFFICER O/O DRCS, 3^RD CIRCLE, BANGALORE DISTRICT NO.146, SAHAKARA SADANA MARGOSA ROAD, MALLESHWARAM, BANGALORE - 560003.

…RESPONDENTS

(BY SRI. H.K. KENCHEGOWDA, HCGP FOR R1, R2 & R4 SRI. M. RAVINDRANATH, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 21.08.2023 PASSED BY R-1 IN APPEAL NO. DRB-3/APPEAL/02/2023-24 ON IA NO.1 AND IA NO.2 VIDE ANNX-F. QUASH THE ORDER DTD. 10.08.2023 PASSED BY R-2 IN ARB-50/29C/01/2023-24 VIDE ANNX-C. QUASH THE SUBSEQUENT ORDER DTD. 11.08.2023 PASSED BY R-2 BEARING NO. ARB-50/VISHESADHIKARI/31(1)/32/2023-24 VIDE ANNX-C1.

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

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HC-KAR

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

The petitioner filed this writ petition challenging the order dated 21.08.2023 passed by respondent No.1 in Appeal No.DRB/3/Appeal/02/2023-24 on I.A.Nos.1 and 2 vide Annexure-F, wherein the respondent No.1 declined to grant an interim order of staying the execution and operation of impugned order in Appeal No.2/2023-24.

This court after hearing the learned counsel for the parties, granted an interim order dated 28.08.2023. As the appeal is pending before respondent No.1, it would be appropriate that the interim order granted by this Court, if continued no injustice would be caused.

In view of the above discussion, I proceed to pass the following order:

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ORDER

i. The writ petition is disposed of and the order dated 28.08.2023 is continued till the disposal of the appeal.

ii. The Appellate Authority is directed to dispose of the appeal within two months from the date of receipt of a copy of this order.

iii. In view of disposal of the writ petition, pending IAs do not survive for consideration, and they are disposed of accordingly.

Sd/(ASHOK S.KINAGI) JUDGE

SKS CT:KHV