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2026 Supreme(Online)(Kar) 13613

THE HIGH COURT OF KARNATAKA
ASHOK S.KINAGI
SRI M BABU – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 29487/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO.29487 OF 2025 (CS-RES)

BETWEEN:

1. SRI. M. BABU S/O LATE M MUNISWAMI REDDY AGED ABOUT 55 YEARS HENNAGARA HENNAGARA POST BENGALURU URBAN DISTRICT – 560105.

…PETITIONER (BY SRI. ANAND P., ADVOCATE)

AND:

Digit ally

1. THE STATE OF KARNATAKA signed by SUNITHA K S DEPARTMENT OF CO-OPERATION Location:

HIGH COURT MS BUILDING OF DR B R AMBEDKAR VEEDHI KARNATAKA BENGALURU - 560 001 REPD. BY ITS PRINCIPAL SECRETARY.

2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCITIES BENGALURU REGION SAHAKRA SOUDHA

3RD FLOOR MARGOSA ROAD MALLESHWARAM BENGALURU – 560 003.

3. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (C & M) OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.1 ALI ASKER ROAD BENGALURU – 560 054.

4. HORTICULTURE PRODUCERS CO-OPERATIVE MARKETING AND PROCESSING SOCIETY LTD (HOPCOMS)

DR. M H MARIGOWDA ROAD LALBAG, BENGALURU – 560 004.

REPRESENTED BY ITS MANAGING DIRECTOR.

5. SMT. H. K. NAGAVENI W/O D. CHANDRASHEKAR AGED ABOUT 49 YEARS DIRECTOR ( HOPCOMS)

R/AT SVVN SCHOOL ROAD VENKATEAPPA GARDEN

5TH WARD DOMMASANDRA BENGALURU – 562 125.

6. SRI. A.S. CHANDREGOWDA S/O A.V. SHAMANNA GOWDA AGED ABOUT 61 YEARS DIRECTOR (HOPCOMS) R/AT MUTHUR MALLUR SHIDLAGAHATTA TALUK CHIKKABALLAPURA DISTRICT – 562 102.

7. SRI. N. DEVARAJ S/O NAGARAJAIAJ V.

AGED ABOUT 53 YEARS DIRECTOR (HOPCOMS)

R/AT NO.55, DODDA HAGADE ANEKAL, BENGALURU - 562 106.

8. SRI. G.R. SRINIVASAN S/O RAMAIAH AGED ABOUT 69 YEARS DIRECTOR (HOPCOMS)

R/AT NANDI CHIKKABALLAPURA TALUK AND DISTRICT – 562 101.

9. SRI. N. GOPALKRISHNA S/O GOPALKRISHNA AGED ABOUT 80 YEARS PRESIDENT (HOPCOMS)

R/AT ARAHALLI KOLAR DISTRICT – 563 101.

10. SRI. B. MUNEGOWDA S/O LATE BYREGOWDA AGED ABOUT 69 YEARS DIRECTOR (HOPCOMS)

R/AT NO.23 PALYA, KANNAMANGALA BENGALURU RURAL DISTRICT – 562 106.

…RESPONDENTS (BY SMT. MONICA PATIL, C/R5 – R10;

SRI. YOGESH D. NAIK, AGA FOR R1 TO R3 (MA NOT FILED);

SRI. T. DADAKHALANDAR, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO THE ORDER DATED 16-07-2025 PASSED IN APPEAL NO.ANI(C AND M)/D3/DAP/03/2024-25 BY THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES(C AND M), BENGALURU I.E., RESPONDENT NO.3 HEREIN, VIDE ANNEXURE-M.

THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

1. This writ petition is filed by the petitioner seeking the following reliefs:

i. Issue a writ in the nature of certiorari quashing the order dated 16.07.2025 passed in appeal No. ANI(C and M)/D3/DAP/03/3034-2025 by the Additional Registrar of Co-operative Societies (C & M), Bengaluru i.e., Respondent No.3 herein, vide Annexure M.

ii. Pass such other direction or order in the writ as may deem fit to this Hon’ble court may kindly be issued.

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

3. The Petitioner is a member, former President and Director of Respondent No.4 society, the petitioner and other similarly situated members have submitted a complaint in the form of representation dated 24-02-2015 to Respondent No.3 and wherein have made as many 12 allegations concerning the illegalities and mismanagement committed by the Board of Management and Officials of the said society, which were to be looked into by the Authorities by conducting an enquiry. Respondent No.3 has sent across a communication dated 03-03-2015 addressed to Respondent No.2 herein with a request to conduct an enquiry under Section 64 of the Act regarding the contents of the complaint submitted by the petitioner and others. Further, Respondent No.2 has passed an order dated 07-09-2015 whereby by leveling 12 charges as against Respondent Nos.5 to 10, has appointed the Deputy Registrar of Co-operative Societies, South Zone, Bengaluru, as Enquiry Officer with a direction to conduct the enquiry under Section

64 of the Act within a peri

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