Sri. K C Annegowda, Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Sri. K C Annegowda, Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: respondent No.2 to complete the proceedings in Appeal No.RCS/DAP/D1/24/2025-26 after hearing all parties within two months from receipt of the order, and no precipitative action to be taken against the petitioners in terms of the Annexure-T (Section 68 KCS Act) order till completion of the appeal; the merits of the challenge to Annexure-T and Annexure-AE were not adjudicated.

Issue for consideration

Whether the order dated 01.12.2025 (Annexure-T) passed by respondent No.3 under Section 68 of the KCS Act and the order dated 02.03.2026 (Annexure-AE) passed by respondent No.2 rejecting the petitioners' interim application are liable to be quashed. +1 more

Ratio / Principle

Since the appeal before respondent No.2 is based on the order dated 01.12.2025 passed by respondent No.3 under Section 68 of the KCS Act, if such order is implemented during the pendency of the appeal, the right of statutory appeal preferred by the petitioners will not enure to their benefit.

Key takeaways

Respondent No.2 is directed to complete the entire proceedings in Appeal No.RCS/DAP/D1/24/2025-26 after affording an opportunity of hearing to all the parties, within a period of two months from the date of receipt of the order.ratio¶61
Till completion of the entire proceedings before respondent No.2 in the appeal, no precipitative action shall be taken against the petitioners in terms of the impugned order dated 01.12.2025 (Annexure-T) passed by respondent No.3 under Section 68 of the KCS Act.ratio¶66

Detailed headnote1 paragraphs

Karnataka High Court (E.S. Indiresh, J.), Writ Petition No.8291 of 2026 (CS-RES), decided 12.03.2026: Petition by the President, Vice-President and Directors of the Karnataka State Judicial Department Employees House Building Co-operative Society under Articles 226 and 227 of the Constitution challenging (i) the order dated 01.12.2025 (Annexure-T) of the Additional Registrar of Co-operative Societies (respondent No.3) under Section 68 of the Karnataka Co-operatives Societies Act, 1959, and (ii) the order dated 02.03.2026 (Annexure-AE) of the Registrar of Co-operative Societies (respondent No.2) in Appeal No.RCS/DAP/D1/24/2025-26 rejecting the petitioners' interim application for stay. Holding that implementation of the Annexure-T order during the pendency of the statutory appeal would render the appeal infructuous, the Court disposed of the petition directing respondent No.2 to complete the appeal proceedings after affording an opportunity of hearing to all parties within two months from receipt of the order, and directing that, till such completion, no precipitative action shall be taken against the petitioners in terms of the Annexure-T order. The merits of the challenge were not adjudicated. No precedents cited; single-Judge Bench; no dissent.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.8291 OF 2026 (CS-RES)

BETWEEN:

SRI. K.C. ANNEGOWDA, AGED ABOUT 55 YEARS, PRESIDENT, KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, NO. 11, 1^ST MAIN ROAD, 5^TH CROSS, BEHIND VARUN MOTORS, DEFENCE COLONY, BENGALURU - 560 073.

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

SRI. BHEEMA RAO V., AGED ABOUT 65 YEARS, VICE- PRESIDENT, KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, NO.10, GANGOTHRI, 7^TH 'F' MAIN ROAD, 19^TH 'A' CROSS ROAD, BEHIND MURALI TAKIES, MUTHYALANAGARA, BENGALURU - 560 054.

SRI. BASAVARAJA M.N. AGED ABOUT 55 YEARS, DIRECTOR, KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, NO.47, 2^ND FLOOR, N.S. IYYANAGAR STREET, SESHADRIPURAM, BENGALURU - 560 020.

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SRI. SRINIVASA N,, AGED ABOUT 62 YEARS, DIRECTOR, KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY NO.69, 11^TH CROSS, 2^ND STAGE, NGEF LAYOUT, NAGARABHAVI, BENGALURU - 560 072. 5. SRI. RAJU K.G., AGED ABOUT 62 YEARS, DIRECTOR, KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, NO.7, 5^TH CROSS, 4^TH 'B' MAIN ROAD, CHANDANALAYOUT, SUNKADAKATTE, BENGALURU - 560 091.

SRI. VENKATESH AGED ABOUT 68 YEARS, DIRECTOR, KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, NO.272, NEW NO.562/3, 1^ST MAIN ROAD, 1^ST CROSS, H.I.G. COLONY, RMV 2^ND STAGE, DOLLARS COLONY, BENGALURU - 560 094. 7. SRI. MANJUNATH K.S. AGED ABOUT 58 YEARS, DIRECTOR, KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, NO.16, 1^ST G.H. LAYOUT, 3^RD BLOCK, JAYANAGARA, BENGALURU - 560 011.

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SRI. SHASHIDHAR P.G. AGED ABOUT 46 YEARS, DIRECTOR, KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, NO.1034, 14^TH CROSS, 9^TH MAIN, JUDICIAL LAYOUT, G.K.V.K. POST, BENGALURU - 560 065.

SRI. BALAKRISHNA KUMAR B. AGE: MAJOR, DIRECTOR, KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, NO.54/7, 2^ND CROSS, 5^TH 'B' MAIN ROAD, N.R.I. LAYOUT, RAMAMURTHYNAGARA, BENGALURU - 560 016.

SRI. YATHEESH R. AGED ABOUT 58 YEARS, DIRECTOR, KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, NO.288, 17^TH CROSS, 32^ND MAIN, 6^TH STAGE, J.P. NAGAR, BENGALURU - 560 078.

SRI. HANUMANTHAPPA H. AGED ABOUT 66 YEARS, DIRECTOR, KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, SHAERISTEDAR (RETD.), NO.540, NEAR BAIP OFFICE, SHARADANAGARA, TIPTUR TOWN, TUMKUR DISTRICT.

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SMT. BHAGYA T. AGED ABOUT 52 YEARS, DIRECTOR, KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, NO.119/40, SRI. LALITHA VAIBHAVA NILAYA, SHIVU LAYOUT, BENGALURU UNIVERSITY ROAD, MARIYAPPANA PALYA, BENGALURU - 560 056.

…PETITIONERS

(BY SRI. ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI. MANJUNATHA REDDY N., ADVOCATE)

AND:

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

THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKER ROAD, BENGALURU - 560 052.

THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (H AND M), NO.1, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, ALI-ASKAR ROAD, BENGALURU - 560 052.

THE KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., HAVING ITS REGISTERED OFFICE AT NO.178, II FLOOR, CENTRAL SQUARE PLAT FORM ROAD,

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SHESHADRIPURAM, BENGALURU - 560 020. REP. BY ITS SECRETARY.

SMT. PANKAJA S. W/O KRISHNA KUMAR.B.A., R/AT NO.30, 2^ND CROSS, HARIKUMAR GARDEN, MANJUNATHANAGAR, BAGALAGUNTE, BENGALURU - 560 073.

…RESPONDENTS

(BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R4; SMT. PANKAJA S., PARTY-IN-PERSON/RESPONDENT NO.5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER BEARING NO.HSG-3/114/HHS/2024-25 DATED 01^ST DECEMBER, 2025 PASSED UNDER SECTION 68 OF THE KARNATAKA CO-OPERATIVES SOCIETIES ACT, 1959 BY THE RESPONDENT NO.3-ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETIES VIDE ANNEXURE-T; QUASH THE ORDER DATED 02^ND MARCH, 2026 PASSED IN APPEAL NO.RCS/DAP/D1/24/2025-26 BY THE RESPONDENT NO.2REGISTRAR OF CO-OPERATIVE SOCIETIES VIDE ANNEXURE-AE AND CONSEQUENTLY ALLOW THE INTERIM APPLICATION FILED BY THE PETITIONERS PENDING DISPOSAL OF THE STATUTORY APPEAL BEFORE THE RESPONDENT NO.2; AND ETC.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH

ORAL ORDER

In this petition, petitioners are challenging the order dated 01^st December, 2025 (Annexure-T) passed by the respondent No.3 under Section 68 of the Karnataka Cooperative Societies Act, 1959 (for short, hereinafter referred to

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as 'KCS Act' ) and order dated 02^nd March, 2026 (Annexure-AE) passed by the respondent No.2 on interim application filed by the petitioners for stay; inter alia sought for consideration of the interim application filed by petitioners before the respondent No.2 pending disposal of the statutory appeal.

Heard Sri. Ashok Haranahalli, learned Senior Counsel on behalf of Sri. Manjunatha Reddy N., appearing for petitioners; Sri. Yogesh D. Naik, learned Additional Government Advocate appearing for respondents 1 to 3; and Smt. Pankaja S., respondent No.5/Party-in-Person.

Sri. Ashok Haranahalli, learned Senior Counsel appearing for petitioners contended that the impugned order dated 01^st December, 2025 (Annexure-T) is passed under Section 68 of the KCS Act, wherein initiation of proceedings under Section 69 of the KCS Act is given effect to and in that view of the matter, in the event, if the proceedings is initiated under Section 69 of the KCS Act, the appeal filed by the petitioners will become infructuous. Accordingly, learned Senior Counsel argued that the impugned order dated 02^nd

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March, 2026 (Annexure-AE) passed by the respondent No.2 requires to be interfered with in the present petition.

Per contra, Smt. Pankaja S., respondent

No.5/Party-in-Person referred to the finding recorded in the order dated 04^th October, 2025 (Annexure-S) passed by the Deputy Registrar of Co-operative Societies and submitted that the return of land by the Developer in respect of construction of the Layout has not been raised or considered in General Body Meeting and the said finding has been recorded after considering the material on record. Accordingly, she seeks for dismissal of the petition.

Sri. Yogesh D. Naik, learned Additional Government Advocate appearing for respondents 1 to 3 submits that the respondent No.2, after considering the material on record, had arrived at a conclusion that there is no infirmity in the order passed by the respondent No.3 under Section 68 of the KCS Act and rightly rejected the interim relief sought for by the petitioners. Accordingly, he sought to justify the impugned orders passed by the respondents 2 and 3.

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Learned Additional Government Advocate appearing

for respondents 1 to 3 also argued that the relief sought for in the main appeal as well as in the interim application before the respondent No.2 is one and the same. Accordingly, he sought for dismissal of the petition.

In the light of submission made by learned counsel appearing for the parties, the filing of appeal by the petitioners before the respondent No.2 in Appeal No.RCS/DAP/D1/24/2025-26 as per Annexure-AE is based on the order dated 01^st December, 2025 (Annexure-T) passed by the respondent No.3 under Section 68 of the KCS Act. In that view of the matter, in the event, if such an order is implemented during the pendency of the appeal, the right of statutory appeal preferred by the petitioners will not enure to the benefit of the petitioners.

Therefore, in the ends of justice, respondent No.2 is directed to complete the entire proceedings in Appeal No.RCS/DAP/D1/24/2025-26 after affording an opportunity of hearing to all the parties, within a period of two months from the date of receipt of this order. It is made clear that, till the

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completion of entire proceedings before the respondent No.2 in

the aforesaid appeal, no precipitative action shall be taken against the petitioners in terms of the impugned order dated 01^st December, 2025 (Annexure-T) passed by the respondent No.3 under Section 68 of the KCS Act. With this observation, writ petition stands disposed of.

SD/(E.S.INDIRESH) JUDGE

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