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2025 Supreme(Online)(Kar) 438502

THE HIGH COURT OF KARNATAKA
M G UMA
D KATEGOWDA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 36197/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE M G UMA

WRIT PETITION NO. 36197 OF 2025 (CS-RES)

BETWEEN:

D KATEGOWDA

S/O LATE DODDEGOWDA

AGED ABOUT 61 YEARS

SECRETARY, DISTRICT CO OP

CENTRAL BANK AND CO OPERATIVE

SOCIETIES EMPLOYEES

CO OPERATIVE SOCIETY (R)

REGISTERED UNDER CO OP SOCIETIES

ACT, TAPCMS COMPLEX

CHICKMAGALUR 577 101

REPRESENTED BY ITS SECRETARY

…PETITIONER

(BY SRI. A.M. MAHESHWARAPPA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATIVE

Digitally signed

by PRASHANTH M S BUILDING, BANGALORE 1

N V

REPRESENTED BY ITS

Location: H igh

Court of PRINCIPAL SECRETARY

Karnataka

2. THE REGISTRAR OF CO OPERATIVE

SOCIETIES, DEPARTMENT OF

CO OPERATIVE, ALI ASKER ROAD

BANGALORE - 560 001

3. THE DEPUTY COMMISSIONER

CHICKMAGALUR DISTRICT

CHICKMAGALUR 577 101

4. THE MANAGING DIRECTOR

D C C BANK LTD.,

CHICKMAGALUR 577 101

5. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES CHICKMAGALUR DISTRICT CHICKMAGALUR 577 101 …RESPONDENTS (BY SRI. YOGESH D. NIAK, AGA FOR R1 TO 3 AND 5 SRI. RUDRESH H.B., ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.4 BANK TO CONSIDER THE REPRESENTATION OF PETITIONER SOCIETY TO BECOMING THE SHARE HOLDER OF THE BANK AS PER ANNEXURE-'C' DATED 23-09-2024 TO THE WRIT PETITION AND B. DIRECTED THE RESPONDENT NO.4 BANK TO MEMBERSHIP OF THE PETITIONER SOCIETY. AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL ORDER

The petitioner being the Secretary of District Co-op Central Bank and Co-operative Societies Employees Co- operative Society, is seeking issuance of writ in the nature of mandamus directing respondent No.4 - Bank to consider the representation dated 23.09.2024 produced as per Annexure-C and approve the membership of the petitioner - Society.

2. Learned counsel for respondent No.4 submits that in view of Section 17(f) of the Karnataka Co-operative Societies Act, 1959, the petitioner being the Secretary of Employees Co-

operative Society was disqualified from seeking membership.

3. Learned counsel for the petitioner drawn the attention of the Court to Annexure-F to contend that respondent No.4 - Bank has issued share certificate in favour of similar Employees Co-operative Societies and therefore, the petitioner is bound to consider the representation Annexure-C, in accordance with law.

4. Learned counsel for respondent No.4 has no objection for the same and submits that he will consider the representation and pass necessary orders, in accordance with law.

5. In view of the above, I proceed to pass the following:

ORDER

i) The petition is allowed ii) Respondent No.4 is directed to consider the representation dated 23.09.2024 produced as per Annexure-C in accordance with law within two weeks from today.

Sd/-

(M G UMA)

JUDGE PNV CT:VS List No.: 1 Sl No.: 20

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