Mr K S Venkatesh Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Mr K S Venkatesh Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of as not maintainable; liberty reserved to the petitioner to approach the Registrar under Section 70 of the Act of 1959 within 15 days, with entitlement to the benefit of Section 14 of the Limitation Act, 1963; Registry directed to return certified/original documents to the petitioner retaining photocopies; all contentions of the parties kept open; pending applications disposed of.

Issue for consideration

Whether the writ petition challenging the dismissal of the petitioner from service is maintainable, in view of the efficacious alternative remedy available under Section 70 of the Karnataka Co-operative Societies Act, 1959.

Court's answer

Considering the mandate laid down by the Hon'ble Apex Court in Rikhab Chand Jain (supra), the writ petition filed by the petitioner is not maintainable, the petitioner having an efficacious alternative remedy under Section 70 of the Act of 1959.

Ratio / Principle

Liberty is reserved to the petitioner to approach the Registrar under Section 70 of the Act of 1959 within a period of 15 days from the date of receipt of a copy of the order.

Key takeaways

If the petitioner approaches the Registrar, the petitioner is entitled to the benefit of Section 14 of the Limitation Act, 1963.ratio¶¶46

Detailed headnote1 paragraphs

Writ Petition (S-RES) under Articles 226 and 227 of the Constitution of India — challenge to order of termination dated 15.05.2023 (Annexure-A, No. HCS/KA.NI.(AA)/C./VI.NI/16/74/2022-23) passed by the Managing Director, HOPCOMS dismissing the petitioner from service — Maintainability: respondent No.2 contended the petitioner had an efficacious remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959; the Court, applying the mandate of the Hon'ble Apex Court in Rikhab Chand Jain v. Union of India and Others, Civil Appeal No. 6719/2012 (disposed of 12.11.2025), para 15 (writ jurisdiction rightly not entertained where an equally efficacious remedy exists), held the writ petition not maintainable — Petition disposed of; liberty to approach the Registrar under Section 70 within 15 days with benefit of Section 14 of the Limitation Act, 1963; Registry to return documents; all contentions kept open.

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NC: 2026:KHC:28648 WP No. 24058 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 24058 OF 2023 (S-RES)

BETWEEN:

MR. K.S. VENKATESH S/O SWAMY GOWDA AGED ABOUT 53 YEARS R/AT NO. 91, YEARS, R/AT NO. 91, RISHIKESHANAGARA, 1ST MAIN, HOSAKERE HALLI, BENGALURU - 560 085.

…PETITIONER

Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA

( BY SRI. GOVINDARAJU K, GOVINDARAJU K. JOISA ADVOCATE)

AND:

STATE OF KARNATAKA

DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BANGALORE - 560 001 REPRESENTED BY ITS CHIEF SECRETARY.

2 - NC: 2026:KHC:28648 WP No. 24058 of 2023

HC-KAR

2. MANAGING DIRECTOR

HOPCOMS, M.H. MARI GOWDA ROAD, (NEAR LALBHAGH PARK), LALBAGH BANGALORE - 560 004.

…RESPONDENTS

(BY SRI. G. RAMESH NAIK, AGA FOR R1; SRI. N. RAMACHANDRA, ADVOCATE FOR R2; SRI. T. DADAKHALANDAR, ADVOCATE FOR R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ORDER DATED 15.5.2023 BEARING NUMBER

HCS/KA.NI.(AA)/C./VI.NI/16/74/2022-23 (ANNEXURE-A), THE FINAL ORDER OF DISMISSAL PASSED BY THE SECOND RESPONDENT DISMISSING PETITIONER FROM SERVICE AS NULL AND VOID AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:28648 WP No. 24058 of 2023

HC-KAR

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

ORAL ORDER

The petitioner filed this writ petition seeking for mandamus challenging the order of termination dated 15.05.2023 passed by respondent No.2 vide Annexure-A.

Learned counse l appearing for respondent No.2 submits that the petition filed by the petitioner is not maintainable as the petitioner has got an efficacious remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959 (for short, ‘the Act of 1959’). The petitioner, without exhausting the efficacious remedy, has filed this writ petition.

3. He has placed reliance on the judgment of the

Hon'ble Apex Court in the case of R IKHAB C HAND J AIN V S .

U NION O F I NDIA AND OTHERS reported in C IVIL A PPEAL

N O .6719/2012 disposed off on 12.11.2025.

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NC: 2026:KHC:28648 WP No. 24058 of 2023

HC-KAR

4. I have perused the judgment passed by the

Hon'ble Apex Court in the case of R IKHAB C HAND J AIN (S UPRA ), held at para No.15, reads thus:

“15. In our considered opinion, the appellant having had a remedy before the High Court in a separate jurisdiction which was equally efficacious, he indulged in the (mis)adventure of invoking its writ jurisdiction which was rightly not entertained.”

5. Considering the mandate laid down by the

Hon'ble Apex Court in the case of R IKHAB C HAND J AIN (S UPRA ), the writ petition filed by the petitioner is not maintainable.

6. In view of the above discussion, the writ petition is disposed of .

7. The liberty is reserved to the petitioner to approach the Registrar under Section 70 of the Act of 1959 within a period of 15 days from the date of receipt of copy of this order. If the petitioner approaches the Registrar, the petitioner is entitled for benefit under Section 14 of the Limitation Act, 1963.

NC: 2026:KHC:28648 WP No. 24058 of 2023

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HC-KAR

8. The Registry is directed to return the certified

copy/original documents to the petitioner after retaining the photocopy of the same.

9. All the contentions of the parties are kept open.

10. Pending applications, if any, stand disposed off

accordingly.

Sd/(ASHOK S.KINAGI) JUDGE

SSB