Dismissed¶¶38

Raghavendra Naik K v. Assistant Registrar of Co. Operative

Karnataka HC11 Mar 2026WP/35999/2025

Case brief

AI extract

What is this about?

Karnataka High Court at Bengaluru, Writ Petition No.35999 of 2025 (CS-RES), decided 11 March 2026 by Justice E.S.Indiresh. Keywords: alternative remedy / efficacious remedy; maintainability of writ petition; Section 105(a) Karnataka Co-operative Societies Act, 1959; co-operative society dispute award; award passed without notice and without fair opportunity; natural justice objection to be examined in appellate enquiry; Assistant Registrar of Co-operative Societies, Sub-Division Shivamogga; dismissal with liberty to appeal; Articles 226 and 227 Constitution of India.

What did the court decide?

Liberty reserved to the petitioner to avail the effective remedy of appeal under Section 105(a) of the Karnataka Co-operative Societies Act, 1959 against the impugned Award. ¶¶38

Raghavendra Naik K Vs Assistant Registrar of Co… — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:14664 WP No. 35999 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.35999 OF 2025 (CS-RES)

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BETWEEN:

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RAGHAVENDRA NAIK K. S/O N. BABURAYA NAIK, AGED ABOUT 44 YEARS R/AT NEAR ANURADHA NURSING HOME, SOPPUGUDDE, THEERTHAHALLI-577432, SHIVAMOGGA DISTRICT.

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…PETITIONER

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

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AND:

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Digitally signed by1. ASSISTANT REGISTRAR OF CO-OPERATIVE CHAYA S A Location: HIGH SOCIETIES COURT OF KARNATAKA SUB-DIVISION SHIVAMOGGA SHIVAMOGGA- 577201.

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ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES

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SHARAVATHI PATTINA SAHAKARA SNAGHA NIAYAMITA OFF/AT PLD BANK BUILDING, THEERTAHALLI, SHIVAMOGGA DISTRICT-577432. REPRESENTED BY ITS SECRETARY.

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NC: 2026:KHC:14664 WP No. 35999 of 2025

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HC-KAR

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JAYALAKSHMI

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C/O BABURAYA NAIK KURUVALLI (P), TIRTAHALLI SHIVAMOGGA - 577431.

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…RESPONDENTS

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

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AWARD DATED 18.06.2025 PASSED BY THE RESPONDENT NO.1 IN CASE NO. UBC-3/DIS/86/2004-05 PRODUCED AT ANNEXURE-A.

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

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

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ORAL ORDER

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Heard learned counsel appearing for the parties.

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In this Writ Petition, petitioner is challenging the Award dated 18.06.2025 passed by respondent No.1 as per Annexure-A.

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3 - NC: 2026:KHC:14664 WP No. 35999 of 2025

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HC-KAR

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It is argued by the learned Additional Government Advocate that the petitioner is having efficacious remedy of Appeal under the provisions of the Karnataka Co-operative Societies Act, 1959.

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In this regard, Sri. Prasad B.S., learned counsel for the petitioner submitted that the impugned Award has been passed without issuing notice to the petitioner and without affording fair opportunity to the petitioner and accordingly, sought for interference of this Court.

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Having taken note of the submissions made by the learned counsel appearing for the parties and on consideration of the arguments advanced by the learned counsel appearing for the petitioner as to whether the notice has been served or not can be decided only after considering the material on record during enquiry. In that view of the matter, I am of the view that, Section 105(a) of the Karnataka Co-operative Societies Act, 1959, provides for filing of an appeal by the petitioner against the impugned Award produced at Annexure-A to the Writ Petition.

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NC: 2026:KHC:14664 WP No. 35999 of 2025

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HC-KAR

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