Dismissed

Sri.Y.B. Mahesh., v. the State of Karnataka

Karnataka HC16 Sept 2026WP/29256/2026

Case brief

AI extract

What is this about?

The petitioner challenged his suspension order passed by the Assistant Registrar of Co-operative Societies under Section 29(c)(8)(B) of the Karnataka Co-operative Societies Act, 1959, by filing a writ petition under Articles 226 and 227. The State pointed out that Section 106(d-2) provides a statutory appeal against such orders. The High Court declined to exercise writ jurisdiction, holding that the petitioner must first avail the statutory remedy, and dismissed the writ petition.

What did the court decide?

Writ petition dismissed. Registry directed to return certified copies by replacing them with xerox copies.

Sri.Y.B. Mahesh., Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2026)

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HC-KAR

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NC: 2026:KHC:50446 WP No. 29256 of 2026

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CNR: KAHC010643692026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2026

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 29256 OF 2026 (CS-RES)

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BETWEEN:

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SRI. Y.B.MAHESH, S/O. BENDAGALASHETTY, AGED ABOUT 48 YEARS, R/AT UPPARABEEDI, YERIYUR VILLAGE, YALANDUR TALUK, CHAMARAJANAGAR DISTRICT-571441.

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…PETITIONER

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(BY SRI. NATARAJA B.S., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THE PRINCIPAL SECRETARY,

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Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA

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DEPARTMENT OF CO-OPERATIVE SOCIETY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571313.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHAMARAJANAGAR SUB-DIVISION, S.P.S. BUILDING, VANIYAR ROAD, CHAMARAJANAGAR -571313.

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HC-KAR

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NC: 2026:KHC:50446 WP No. 29256 of 2026

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CNR: KAHC010643692026

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THE CHIEF EXECUTIVE OFFICER, YALANDUR PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY, YALANDUR, CHAMARAJANAGAR -571414.

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…RESPONDENTS

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(BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri. B. S. Nataraj, counsel for the petitioner, and Sri. Yogesh D. Naik, Additional Government Advocate for respondents Nos. 1 to 3, appeared in person.

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2. This petition is filed seeking the following reliefs:

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(i) Issue a writ of certiorari or any other writ or order or direction in the nature of a writ, quashing the order dated 08.09.2026 in case of AR-42/COLUMN 29 c/ CR-01-2026-27 under Section 29(c)(8)(B) of Karnataka Co-operative Societies Act, 1959 at Annexure-F passed by the respondent / Assistant Registrar of Co-operative Society of Chamarajanagar Sub-Division at Chamarajanagar.

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HC-KAR

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NC: 2026:KHC:50446 WP No. 29256 of 2026

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CNR: KAHC010643692026

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(ii) Pass such other orders, as the petitioner is entitled to in the facts and circumstances of case, including the costs of the proceedings, in the interest of justice and equity.

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Counsel for the petitioner submits that the

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petitioner has been suspended and that there is no alternate efficacious remedy. Under these circumstances, he has invoked the writ jurisdiction.

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Conversely, the Additional Government Advocate drew the Court's attention to Section 106 of the Karnataka Cooperative Societies Act, 1959, to contend that a statutory remedy is available under Section 106(d-2) to file an appeal against the impugned order.

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Heard the arguments and perused the papers

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carefully.

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The petitioner has expressed grievance against the order issued under Section 29(C) by ARCS. A review of Section 106 of the Act shows that the petitioner has a statutory remedy. However, instead of utilizing this remedy, he has directly filed a petition in the writ Court. Accordingly, this Court

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HC-KAR

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NC: 2026:KHC:50446 WP No. 29256 of 2026

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CNR: KAHC010643692026

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abstains from exercising its writ jurisdiction. The petitioner may

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seek the appropriate legal forum if allowed by law.

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Lastly, counsel for the petitioner submits that the registry

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concerned may be directed to return the certified copies.

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Submission is noted.

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The concerned registry is directed to return the

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documents by replacing them with Xerox copies.

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Accordingly, the writ petition is dismissed .

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Sd/(JYOTI M) JUDGE

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List No.: 1 Sl No.: 2

Sri.Y.B. Mahesh., v. the State of Karnataka

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Sri.Y.B. Mahesh., v. the State of Karnataka

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