Sri M B Ramesha Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Sri M B Ramesha Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petitioners directed to file an appeal under Section 106 of the Karnataka Co-operative Societies Act, 1959 before the competent authority; interim order of 18.08.2025 to enure for three weeks from receipt of the order; all contentions kept open; writ petition disposed of and pending application does not survive.

Issue for consideration

Whether the writ petition should be entertained when an efficacious alternative remedy of appeal under Section 106 of the Karnataka Co-operative Societies Act, 1959 is available and disputed questions of fact are involved. +1 more

Court's answer

On perusal of the averments in the writ petition, the Court found that disputed questions of fact are involved, and therefore directed the petitioners to approach the competent authority for redressal of their grievance instead of deciding the matter in writ jurisdiction.

Ratio / Principle

The petitioners were directed to approach the competent authority by filing an appeal in terms of Section 106 of the Karnataka Co-operative Societies Act, 1959.

Key takeaways

The interim order passed by this Court on 18.08.2025 was directed to enure to the benefit of the petitioners for a period of three weeks from the date of receipt of the order.ratio¶42
All contentions of the parties were kept open, and with this observation the writ petition stood disposed of; the pending application did not survive for consideration.ratio¶42

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India by the President and two Directors of a primary agricultural credit co-operative society challenging the order dated 16.08.2025 passed by respondent No.2 (Assistant Registrar of Co-operative Societies, Pandavapura Sub-Division). The Additional Government Advocate raised a preliminary objection that an efficacious remedy of appeal lay under Section 106 of the Karnataka Cooperative Societies Act, 1959. The Court, noting that disputed questions of fact were involved on the averments in the petition, directed the petitioners to approach the competent authority by filing an appeal in terms of Section 106 of the Karnataka Co-operative Societies Act, 1959; the interim order dated 18.08.2025 was to enure to the petitioners' benefit for three weeks from receipt of the order; all contentions were kept open and the writ petition was disposed of, the pending application not surviving for consideration.

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NC: 2026:KHC:20872 WP NO.25254 OF 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.25254 OF 2025 (CS-RES)

BETWEEN:

SRI. M.B. RAMESHA S/O N. BOREGOWDA, AGED ABOUT 61 YEARS.

SRI. NANJUNDAPPA S/O MUDAPPA AGED ABOUT 58 YEARS.

SMT. LALITHAMMA W/O LATE VENKATARAMU, AGED ABOUT 57 YEARS.

Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

1^ST PETITIONER IS PRESIDENT, 2^ND AND 3^RD PETITIONERS ARE DIRECTORS OF MURUKANAHALLI PRIMARY AGRICULTURAL AND CREDIT CO-OPERATIVE SOCIETY LTD. K.R. PETE TALUK, MANDYA - 571 401.

…PETITIONERS

(BY SRI. SARAVANA S., ADVOCATE)

AND:

THE STATE OF KARNATAKA REP. BY ITS SECRETARY, CO-OPERATIVE DEPARTMENT, DR. B.R. AMBEDKAR VEEDHI M.S. BUILDING, BENGALURU - 560 001.

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NC: 2026:KHC:20872 WP NO.25254 OF 2025

HC-KAR

ASSISTANT REGISTRAR OF CO-OPERAIVE SOCIETIES PANDAVAPURA SUB-DIVISION, OLD SBM ROAD, OPP. TO BABU HOSPITAL, PANDAVAPURA, MANDYA - 571401.

MURUKANAHALLI PRIMARY AGRICULTURAL (REGISITERED UNDER CO-OP SOCIETIES ACT) CREDIT CO-OP SOCIETY LTD. K.R. PETE TALUK, MANDYA - 571 401. REP. BY ITS CHIEF EXECUTIVE OFFICER.

THE DISTRICT CENTRAL CO-OP BANK (REGISTERED UNDER CO-OP SOCIETIES ACT) MANDYA DISTRICT, BY ITS MANAGING DIRECTOR, MANDYA - 571 401.

…RESPONDENTS

(BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R2; V/O DATED 31.10.2025, SERVICE IN RESPECT OF R3 AND R4 IS HELD SUFFICIENT)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 DATED 16^TH AUGUST, 2025 VIDE ANNEXURES 'F', 'F1' AND 'F2'; AND ETC.

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

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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NC: 2026:KHC:20872 WP NO.25254 OF 2025

HC-KAR

ORAL ORDER

In this petition, the petitioners are challenging the order dated 16^th August, 2025 (Annexures 'F1', 'F2' and 'F3') passed by the respondent No.2.

Heard SRi. Saravana S., learned counsel appearing for petitioners and Sri. Yogesh D. Naik, learned Additional Government Advocate appearing for respondents 1 and 2.

Sri. Yogesh D. Naik, learned Additional Government

Advocate appearing for respondents 1 and 2 raised a preliminary objection and submitted that the petitioners are having an efficacious remedy to file appeal against the impugned orders under Section 106 of the Karnataka Cooperative Societies Act, 1959.

Having taken note of the submission made by learned counsel appearing for the parties, on perusal of the averments made in the writ petition, the same would indicate that the disputed question of facts are involved in this petition. Therefore, it is expedient to direct the petitioners to approach the competent authority for redressal of their grievance.

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NC: 2026:KHC:20872 WP NO.25254 OF 2025

HC-KAR

Accordingly, petitioners are directed to approach

the competent authority by filing an appeal in terms of Section 106 of the Karnataka Co-operative Societies Act, 1959. The interim order passed by this Court on 18^th August, 2025 shall enure to the benefit of the petitioners for a period of three weeks from the date of receipt of this order. All contentions of the parties are kept open. With this observation writ petition stands disposed of.

In view of disposal of the petition, pending application does not survive for consideration.

SD/(E.S. INDIRESH) JUDGE

ARK

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