Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12717 OF 2025 (CS-RES) BETWEEN:
1. KANTHARAJU, S/O LATE MARIYAPPA, AGED ABOUT 49 YEARS,
2. NAGARAJU, S/O LATE KENCHAPPA, AGED ABOUT 52 YEARS,
3. P. SANTHOSH,
S/O PARAMSHIVAIAH, Digitally signed AGED ABOUT 40 YEARS, by SHWETHA R/AT M GOPAHALLI, BIDADI HOBLI, RAGHAVENDRA Location: HIGH RAMANAGAR TALUK, COURT OF RAMANAGAR DISTRICT-562109. KARNATAKA
4. PRADEEP KUMAR, S/O THIMMAIAH, AGED ABOUT 30 YEARS,
5. MEENAKSHI, W/O, YADHURAJ, -2- AGED ABOUT 31 YEARS, R/AT M GOPAHALLI, BIDADI HOBLI, RAMANAGAR TALUK,
6. NAVEEN KUMAR, S/O LATE. MUNIRAJU,
7. VENKATLAKSHMMAMMA, W/O SHIVANNA, …PETITIONERS (BY SRI S SARAVANA, ADVOCATE FOR SRI. PRASHANT L KANAL.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA, THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY OF CO-OPERATION DEPARTMENT. DR. B.R.AMBEDKAR VEEDHI, M.S.BUILDIGS, BANGALORE-560001.
2. ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, RAMNAGAR SUBDIVISION RAMNAGAR DISTRICT RAMNAGAR TOWN - 562159.
3. M GOPAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. BIDADI HOBLI, RAMNAGAR TALUK, RAMANAGAR DISTRICT, 562109. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, REY UNDE INDIAN COMPANIES ACT. -3-
4. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, RAMANAGAR DISTRICT, RAMNAGAR TOWN-562159 REG. UNDER INDIAN COMPANIES ACT, REPRESENT BY ITS SECRETARY.
5. SHIVALINGAIAH,
S/O LINGAPPA, AGED ABOUT 63 YEARS, NOMINATED DIRECTOR OF M GOPALI MILK PRODUCER CO-OPERATIVE SOCIETY LIMITED, BIDADI HOBLI, RAMNAGAR TALUK, RAMANAGAR DISTRICT - 562109.
6. RAVEESH,
FATHER NAME NOT KNOWN TO THE PETITIONER AGED NOT KNOWN TO THE PETITIONER, SUPERVISOR, M GOPALI MILK PRODUCER CO-OPERATIVE SOCIETY LIMITED, BIDADI HOBLI, RAMNAGAR TALUK, RAMNAGAR DISTRICT -562109.
7. BANGALORE CO-OPERATIVE MILK UNION LTD., (BAMUL) ITS OFFICE AT DR. M.H MARIGOWDA ROAD, DHARAMARAM COLLEGE POST, BANGALORE 560029. REG. INDIAN COMPANIES ACT …RESPONDENTS (BY SRI NAGESH, ADVOCATE FOR C/R3 & R4, SRI YOGESH D NAIK, AGA FOR R1 TO R4, SRI B L SANJEEV, ADVOCATE FOR R7, V/O/DT 26/04/2025 NOTICE TO R3 IS DEFERRED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOMINATION (BEARING NO.CO/21/CNS/2025(E) OF THE R5 TO THE POST OF DIRECTORSHIP TO R3 SOCIETY VIDE ANNEXUREB.CONSEQUENTLY QUASHING THE ORDER (BEARING NO. SNERA.46/ADMIN/668/2024-25) OF ASSISTANT REGISTRAR DATED 31/01/52025 VIDE ANNEXURE-C AS ILLEGAL AND ARBITRARY AND WITHOUT JURISDICTION.
-4- THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned counsel for the petitioners has filed a memo dated 28.04.2025 signed by the learned counsel for the petitioners which reads as under: MEMO
"The counsel for the petitioner respectfully submits to withdraw the present writ petition with liberty to file a fresh petition including the challenging of the bye law amendment dated 18.05.2024, in the interest of justice and equity".
2. Reserving liberty to the petitioners to challenge the amended bye-laws, petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE BRN List No.: 2 Sl No.: 16