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2026 Supreme(Online)(Kar) 1833

THE HIGH COURT OF KARNATAKA
ASHOK S.KINAGI
MR. BHIMAPPA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 8451/2021



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 8451 OF 2021 (CS-RES)

BETWEEN:

1. MR. BHIMAPPA S/O. LATE HANUMAPPA, AGED ABOUT 82 YEARS, RESIDING AT BAPUJI COLONY, KENNADALU VILLAGE, CHITRADURGA DISTRICT-577 524.

2. MR. S. PARUSHURAMAPPA S/O. LATE B. SIDDAPPA, AGED ABOUT 62 YEARS, RESIDING AT BAPUJI COLONY, KENNADALU VILLAGE, CHITRADURGA DISTRICT-577 524.

Digitally signed by KIRAN 3. MR. SIDDESHWARA KUMAR R S/O. LATE L. HANUMAPPA, Location: HIG H AGED ABOUT 59 YEARS, COURT OF RESIDING AT BAPUJI COLONY, KARNATAKA KENNADALU VILLAGE, CHITRADURGA DISTRICT-577 524.

…PETITIONERS (BY SRI. JAI M PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, MULTI STORIED BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD, NEAR RAJ BHAVAN, BANGALORE-560 052.

3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CHITRADURGA-577 501.

4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES CHITRADURGA SUB-DIVISION, CHITRADURGA-577 501.

5. THE CO-OPERATIVE EXTENSION OFFICER I CIRCLE, CHITRADURGA AND INSPECTOR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHITRADURGA SUB DIVISION, CHITRADURGA-577 501.

6. M/S. KENNADALU BAPUJI COLLECTIVE FORMING CO-OPERATIVE SOCIETY LTD., BAPUJI COLONY, KENNAHADALU, CHITRADURGA-577 524, REPRESENTED BY ITS LIQUIDATOR.

…RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 TO R4 R5 & R6 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 09.12.2020 PASSED BY THE R-1 IN REVISION PETITION NO.C.O.34/C.A.P/2011 VIDE ANNX-A AND ALLOW THE REVISION PETITION FILED BY THE PETITIONERS. DIRECT THE RESPONDENTS TO REVIVE THE R-6 SOCIETY SO AS TO ENABLE THE PETITIONERS AND OTHER MEMBERS OF THE R-6 SOCIETY CONDUCT THE GENERAL BODY MEETING AND HOLD THE ELECTIONS TO ELECT THE COMMITTEE MEMBERS IN THE INTEREST OF SOCIETY.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

The petitioners filed this writ petition seeking the following reliefs:

I. To issue a Writ of certiorari quashing the impugned order dated 09/12/2020 passed by the 1st respondent in Revision Petition No. C.O.34/C.A.P/2011 (Annexure -A to the writ petition) and allow the Revision Petition filed by the petitioners in the interest of justice and equity.

II. Issue Writ of Mandamus directing the Respondents to revive the 6th Respondent Society so as to enable the petitioners and other members of the 6th Respondent Society conduct the General Body meeting and hold the elections to elect the committee members in the interest of society.

III. Grant such other relief(s) or pass orders as this Hon'ble Court deems fit and expedient in the circumstances of the case.

2. Brief facts leading rise to the filing of this petition are as follows:

2.1. The petitioners belong to schedule caste called as ‘Adi Karnataka Jananga’. The forefathers of the petitioners had no means of income, hence they approached the Government of Mysuru for sanction of the agricultural land by submitting the application. Considering the request of the forefathers of the petitioners, the Government of Karnataka decided to release the land measuring around 600 to 700 acres and to that effect, the order came to be passed on 24.04.1959 by the State of Mysuru. The land was granted subject to condition that the concerned persons form a co-operative society and guarantee to cultivate it on a co-operative basis and other conditions of the deportment, the right of ownership of land reserving back to Government, in the event of their failure to comply with the conditions. To comply with the conditions, the forefathers of the petitioners formed a society with the strength of 6

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