IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 31957 OF 2025 (CS-RES)

BETWEEN:

1. AIRCRAFT EMPLOYEES' HOUSE BUILDING CO OPERATIVE SOCIETY LTD., REGISTERED CO-OPERATIVE SOCIETY UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, REPRESENTED BY ITS PRESIDENT SRI. T.P. DAYANANDA REDDY, S/O. PILLA REDDY.

AGED ABOUT 62 YEARS. 2. SRI. M. SANTHOSH, S/O. MUKUNDA, VICE-PRESIDENT, AEHBCS CO-OPERATIVE SOCIETY, AGED ABOUT 50 YEARS.

3. SRI MARUTHI C G S/O C GANGAPPA SECRETARY OF AEHBCS CO-OPERATIVE SOCIETY, Digitally signed by AGED ABOUT 50 YEARS.

PRASHANTH N V Location: High Court of Karnataka 4. SRI CHANDRASHEKARA K B S/O BORAIAH BOARD MEMBER, AEHBCS CO-OPERATIVE SOCIETY, AGED ABOUT 49 YEARS.

5. SRI K BHOOPALA S/O KRISHNA BOARD MEMBER, AEHBCS CO-OPERATIVE SOCIETY, AGED ABOUT 61 YEARS.

6. SRI SHANKARA C H S/O HUCHANNA BOARD MEMBER, AEHBCS CO-OPERATIVE SOCIETY, AGED ABOUT 50 YEARS.

7. SRI GANESH GANDHI R S/O RAMAIAH BOARD MEMBER, AEHBCS CO-OPERATIVE SOCIETY, AGED ABOUT 45 YEARS.

8. SRI SOMANNA S/O DYAVEGOWDA BOARD MEMBER, AEHBCS CO-OPERATIVE SOCIETY, AGED ABOUT 56 YEARS.

9. SRI SHIVA MURTHY S N S/O NAGAPPA BOARD MEMBER, AEHBCS CO-OPERATIVE SOCIETY, AGED ABOUT 53 YEARS.

10. SRI CHANDRA MOHAN N S S/O SESHADRI BOARD MEMBER, AEHBCS CO-OPERATIVE SOCIETY, AGED ABOUT 49 YEARS.

11. SMT G BINDU W/O ARUN KUMAR BOARD MEMBER, AEHBCS CO-OPERATIVE SOCIETY, AGED ABOUT 39 YEARS.

OFFICE AT NO.15, 1^ST CROSS, CKC. GARDEN, OPP. HCG HOSPITAL, K.H. ROAD, BENGALURU-560 027.

…PETITIONERS (BY SRI. SURESH S. LOKRE, SR. ADVOCATE FOR SRI. SHRAVAN S LOKRE, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001.

2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU REGION, SAHAKARA SOUDHA, NO.146, 3^RD FLOOR, 3^RD MAIN, 8^TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003

3. SRI. SHIVARAJA. K.E.

MEMBER: AEHBCS SOCIETY, AGED ABOUT 45 YEARS A/C. NO.2671, 13, URS NILAYA, SANJAY LAYOUT, 1^ST MAIN ROAD, HEBRON ENCLAVE ROAD, OPP. TO HEBRON ENCLAVE, HALE HALLI, T.C. PALYA, K.R. PURAM, BENGALURU - 560 036.

…RESPONDENTS (BY SMT. B.V. VIDYULATHA, ADVOCATE FOR C/R3 SRI. YOGESH D. NAIK, AGA FOR R1 & 2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ALLOW THE WRIT PETITION II. GRANT A WRIT OF CERTIORARI TO QUASH THE ANNEXURE-A BEING THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.2 UNDER REFERENCE NO.JRB/HOME/COMPLAINT/58/2025-26 DATED 18.10.2025 III. GRANT SUCH ORDERS AS THIS HON'BLE COURT MAY DEEM FIT IN THE ABOVE CASE IN THE INTEREST OF JUSTICE AND EQUITY. AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING -

INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL ORDER

Heard Sri. Suresh S Lokre, learned Senior advocate for Sri. Sharvan S Lokre, learned counsel for the petitioners, Smt.B V Vidyulatha, learned counsel for caveator / respondent No.3 and Sri. Yogesh D Naik, learned Additional Government Advocate for respondent Nos.1 and 2.

2. Learned Senior advocate for respondents drew the attention of the Court to Section 106(o) of the Karnataka Co- operative Societies Act, 1959, to contend that Annexure-A, which is impugned in the present writ petition is an appealable order and without exhausting the said remedy, the petitioners have approached this Court. It is also stated that petitioner No.3 is the Director of the Society, but deliberately he is shown as Secretary. Therefore, the petition is not maintainable. 3. Learned counsel for the petitioners fairly concedes his mistake and states that petitioner No.3 is not the Secretary and the Secretary is not before this Court. He further submits that the petitioners will invoke Section 106(o) of the Act, 1959, for which, he is having sixty days time from the date of order Annexure-A dated 18.10.2025.

4. Hence, the following:

ORDER

(i) Writ Petition is disposed off.

(ii) The petiti