Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 31879 OF 2025 (CS-EL/M) BETWEEN:
1. CHAN PASHA S/O G NAZEER AHAMAD AGED ABOUT 52 YEARS, SHARE NO. 1079/819/H
2. MOHAMAD MADAR S/O LATE. MOHAMAD ISHMAIL AGED ABOUT 65 YEARS, SHARE NO.279/1279/B
3. THAHSINA
C/O MOHAMED MADAR AGED ABOUT 57 YEARS, SHARE NO.249/1249/B Digitally signed by NANDINI B G 4. NOOR AHAMAD Location: High S/O MOHAMOD MADAR Court of Karnataka AGED ABOUT 35 YEARS, SHARE NO. 866/1799/F
5. NOOR AHAMAD S/O M M ADBDUL REHAMAN AGED ABOUT 42 YEARS, SHARE NO. 861/794/F
6. TARVEER AHAMAD S/O MOHAMOD IMTIAZ AGED ABOUT 23 YEARS, SHARE NO.74/A -2-
7. RAHEEL PASHA S/O ABDUL NABI AGED ABOUT 44 YEARS, SHARE NO.553/A
8. JAVAD PASHA S/O LATE. JAMSHID PASHA AGED ABOUT 45 YEARS, SHARE NO. 1947/L1396
9. SIRAJ UNNISA C/O SABJAN PAINTER AGED ABOUT 60 YEARS, SHARE NO.153/E
10. MOHAMMED IBRAHIM S/O ABDUL RASHID AGED ABOUT 57 YEARS, SHARE NO.1875/H
11. SAFIR AHAMAD C/O NAZEER AHAMAD AGED ABOUT 45 YEARS, SHARE NO. 1665/D
12. JAMEELA S/O NAZEER AHAMAD AGED ABOUT 65 YEARS, SHARE NO. 1606/D
13. MOHAMMED ALI C/O ABDUL RASHID AGED ABOUT 68 YEARS, SHARE NO.57/A
14. AMEER HUSAIN S/O LATE ABDUL BASHIR AGED ABOUT 67 YEARS, -3- SHARE NO. 1452/J
15. NOOR ASMA S/O SARWAR HUSAIN AGED ABOUT 40 YEARS, SHARE NO.1477/J
16. BABU S/O MOHAMOD GOUSE PAINTER AGED ABOUT 55 YEARS, SHARE NO.
17. JAMEEL PASHA S/O MOHAMAD GOUSE AGED ABOUT 47 YEARS, SHARE NO.904/F
18. ZABI ULLA S/O N R MAHAMAD FAYAZ AGED ABOUT 40 YEARS, SHARE NO.391/C
19. TAHASIN TAJ W/O BAKAR SHARIF AGED ABOUT 50 YEARS, SHARE NO.1565/E
20. ASMA FIRDOUS W/O IYAZ PASHA AGED ABOUT 48 YEARS, SHARE NO.1097/1
21. IYAZ PASHA S/O LATE.MOHAMAD ABBA AGED ABOUT 55 YEARS, SHARE NO. 1090/1 -4-
22. SHABIR AHAMAD S/O SHEK MOHAMAD AGED ABOUT 52 YEARS, SHARE NO.1652/D
23. MAHABOOB PASHA S/O SHEK MOHAMAD AGED ABOUT 54 YEARS, SHARE NO.1652/D
24. G MOHAMMED AHAMAD S/O MOHAMAD GOUSE AGED ABOUT 70 YEARS, SHARE NO. 1403/J
25. NASIM UNISA W/O G MOHAMOD GOUSE AGED ABOUT 62 YEARS, SHARE NO. 1402/J
26. ARIF PASHA S/O NISAR AHAMAD AGED ABOUT 54 YEARS, SHARE NO. 1623/D
27. NOOR ASMA C/O ARIF PASHA AGED ABOUT 43 YEARS, SHARE NO.1634/D
28. MUKTIYAR PASHA S/O MOHAMAD SHAMI AGED ABOUT 40 YEARS, SHARE NO.1027/F
29. MOHAMAD HABIB ULLA S/O M ABDUL KALEEK AGED ABOUT 60 YEARS, -5- SHARE NO.217/B
30. SHAHEEN TAJ C/O KHALIKH ULLA AGED ABOUT 45 YEARS, SHARE NO.223/B
31. FARINA BANU C/O MOHAMOD HABIB ULLA AGED ABOUT 47/YEARS, SHARE NO. 1925/K
32. ZAREEN TAJ C/O MOHAMAD HAFIZ ULLA AGED ABOUT 63 YEARS, SHARE NO.220/B
33. PARVIN TAJ C/O IQBAL AHAMAD AGED ABOUT 50 YEARS, SHARE NO.
34. NAYEEM, UNNIS D/O IQBAL AHARFAD AGED ABOUT 30 YEARS, SHARE NO.547/G
35. IQBAL AHAMAD S/O BABA JAN AGED ABOUT 64 YEARS, SHARE NO. 538/G
36. AJAZ PASHA S/O KAMAL PASHA AGED ABOUT 40 YEARS, SHARE NO.455/C -6-
37. GOUSE KHAN S/O AHAMAD KHAN AGED ABOUT 52 YEARS, SHARE NO.1516/E
38. REHAN PASHA S/O MOHAMAD AMEER AGED ABOUT 47 YEARS, SHARE NO.1298/J
39. N S ALI JAN S/O LATE. SALAR ABBAS AGED ABOUT 39 YEARS, SHARE NO. 1435/A
40. SHAHEEN TAJ C/O JAFAR HUSAIN AGED ABOUT 64 YEARS, SHARE NO. 1940/906/F
41. MOHAMMED JAFRULLA S/O JAFAR USEN AGED ABOUT 39 YEARS, SHARE NO.939/905/F
42. RAHEEMA TAJ S/O JAFAR HUSIAN GUJARI AGED ABOUT 33 YEARS, SHARE NO.938/904/F
43. ZABI ULLA S/O GUJARI AGED ABOUT 35 YEARS, SHARE NO.937/903/F
44. H SARDAR S/O HUSAIN SAB AGED ABOUT 45 YEARS, -7- SHARE NO.1173/J
45. ALTAF PASHA S/O MOHAMOD KHASIM AGED ABOUT 68 YEARS, SHARE NO. 1853/H
46. HASINA TAJ W/O ALTAF PASHA AGED ABOUT 61 YEARS, SHARE NO. 1854/H
47. NOOR PASHA S/O LATE. SARWAR AGED ABOUT 46 YEARS, SHARE NO. 1978/K
48. YASMIN TAJ W/O LATE. IBRAHIM SAB AGED ABOUT 60 YEARS, SHARE NO. 1003/1
49. NOOR JAN C/O LATE IBRAHIM SAB AGED ABOUT 55 YEARS, SHARE NO. 1900/H
50. TAJAMMUL PASHA C/O LATE. JABBAR LAND LORD AGED ABOUT 52 YEARS, SHARE NO. 1615/D
51. FARIDA C/O TAJMAL PASHA AGED ABOUT 48 YEARS, SHARE NO. 1614/D -8-
52. HIDAYATH HUSSAIN W/O LATE. ABDUL BASIR AGED ABOUT 38 YEARS, SHARE NO.363/B
53. NAZREENA BANU C/O FAYAZ AHAMAD AGED ABOUT 60 YEARS, SHARE NO.13/A
54. SUGUF YASMIN S/O MOHAMAD UMAR DARAZ AGED ABOUT 36 YEARS, SHARE NO.686/K
55. SHAIK MOHAMMED S/O UMAR DHARZ AGED ABOUT 40 YEARS SHARE NO. 1185/I
56. SHAHEEN TAJ C/O UMAR DHARZ AGED ABOUT 62 YEARS SHARE NO.1184/I
57. MOHAMMED UMAR DARAZ S/O RARA GOUSIA AGED ABOUT 72 YEARS SHARE NO.1186/1
58. IQBAL PASHA S/O ABDUL RASID AGED ABOUT 60 YEARS SHARE NO.1944/K
59. FAHMIDDUNNISA C/O IQBAL PASHA AGED ABOUT 52 YEARS -9- SHARE NO.1910/K
60. NAUSHAD ALI KHAN S/O LATE. MOHAMAD HANEEF AGED ABOUT 58 YEARS SHARE NO.643/K
61. GULNAZ TABASUM S/O NAUSHAD ALI KHAN AGED ABOUT 50 YEARS SHARE NO.644/K
62. MOHAMAD KHALEED S/O MOHAMAD AKBAR AGED ABOUT 33 YEARS SHARE NO.1472/A
63. SHAHANA BEGUM C/O BABAN GOUSE AGED ABOUT 62 YEARS SHARE NO.571/3
64. ASMA BANU S/O MOHAMMED ISMAIL AGED ABOUT 45 YEARS SHARE NO.382/C
65. MOHAMMED ISMAIL S/O BABAN GOUSE AGED ABOUT 50 YEARS SHARE NO.381/C
66. ILYAZ PASHA S/O BABAN GOUSE AGED ABOUT 46 YEARS SHARE NO.570/G - 10 -
67. MOHAMMED JUNAID S/O NAWAZ PASHA AGED ABOUT 22 YEARS SHARE NO.1470/A
68. NOOR JAN S/O RIYAZ PASHA AGED ABOUT 58 YEARS SHARE NO. 1468/J
69. RIYAZ PASHA S/O MOHAMAD YUSAF AGED ABOUT 65 YEARS SHARE NO. 1667/J
70. MOHAMAD YASIN S/O RIYAZ PASHA AGED ABOUT 38 YEARS SHARE NO 1466/J
71. HASEEN TAJ C/O MUKTIYAR PASHA AGED ABOUT 45 YEARS SHARE NO.858/H
72. AHAMED PASHA S/O LATE. MOHAMAD ISMAIL AGED ABOUT 68 YEARS SHARE NO. 1509/H
73. AMMAN ULLA KHAN S/O GOUSE KHAN AGED ABOUT 68 YEARS SHARE NO.203/B
74. PARWIN TAJ S/O AMMAN ULLA AGED ABOUT 60 YEARS - 11 - SHARE NO.210/B
75. DILDAR BEGAM C/O HAJI SHARIF AGED ABOUT 41 YEARS SHARE NO.598/F
76. HAJI SHARIF S/O GOUSE SHARIF AGED ABOUT 54 YEARS SHARE NO.597/F
77. ALTAF HUSEN S/O LATE. AMEER HUSAIN AGED ABOUT 40 YEARS SHARE NO.360/B
78. VAJIHA ANJUM S B C/O MOHAMAD ISMAIL AGED ABOUT 29 YEARS SHARE NO. 1640/D
79. FATHIMA B C/O MOHAMMED GOUSE AGED ABOUT 60 YEARS SHARE NO.301/6
80. MOHAMOD ISMAIL S/O MOHAMAD GOUSE AGED ABOUT 69 YEARS SHARE NO. 1639/D
81. HASINA KHANAM S/O ABU BAKKAR AGED ABOUT 35 YEARS SHARE NO.1811/H - 12 -
82. RIHANA PARWIN S/O DASGIR KHAN AGED ABOUT 60 YEARS SHARE NO.678/K
83. NAJMUNNIS S/O N R THAMIM ULLA AGED ABOUT 49 YEARS SHARE NO.388/C
84. MOHAMAD TAMIM ULLA S/O N R MOHAMAD FAYAZ AGED ABOUT 53 YEARS SHARE NO.987/C
85. JAVEED PASHA S/O ABDUL AZIZ AGED ABOUT 63 YEARS SHARE NO. 1592/A
86. ABDUL SATTAR C/O N R NOOR ULLA AGED ABOUT 38 YEARS SHARE NO. 1664/D
87. ABDUL RAZAK S/O N R NOOR ULLA AGED ABOUT 40 YEARS SHARE NO. 1665/D
88. SADIKH PASHA W/O LATE. NAZEER AHAMED AGED ABOUT 52 YEARS SHARE NO.927/F
89. FAHMIDA BEGAM S/O SADIK PASHA AGED ABOUT 45 YEARS - 13 - SHARE NO.928/F
90. HASEEN TAJ W/O BASHIR MULK AGED ABOUT 60 YEARS SHARE NO.1876/H
91. ATIK AHAMAD S/O KHAZI MAKBUL AGED ABOUT 41 YEARS SHARE NO.399/C
92. MOHAMMED AHAMAD S/O LATE G MOHAMED GOUSE AGED ABOUT 53 YEARS SHARE NO.429/C
93. AHAMAD JAAN S/O LATE. ABDUL HAMEED AGED ABOUT 67 YEARS SHARE NO.2021/D
94. NASEEM UNNISA W/O REHABAR PASHA AGED ABOUT 50 YEARS SHARE NO. 1714/F
95. SHAHEEN TAJ C/O MOHAMAD PEER AGED ABOUT 60 YEARS SHARE NO.616/K
96. NASREEN TAJ S/O IMTIYAZ ALI AGED ABOUT 52 YEARS SHARE NO. - 14 -
97. ABDUL KHALEEL S/O ABDUL AZEEZ AGED ABOUT 55 YEARS SHARE NO. 1699/D
98. SHUHAIB TAHIR S/O NAZEEM AGED ABOUT 30 YEARS SHARE NO.946/K
99. MAHABUB B S/O NAZIM PASHA AGED ABOUT 61 YEARS SHARE NO.1943/K
100. NAZIM PASHA S/O LATE MOHAMAD ANWAR AGED ABOUT 65 YEARS SHARE NO.475/A
101. ZAINULLA KHAN S/O LATE MASOOD KHAN AGED ABOUT 75 YEARS SHARE NO. 1745/F
102. ASAD ULLA KHAN S/O ZANULLA KHAN AGED ABOUT 47 YEARS SHARE NO.1515/F
103. FAIROZ ULLA KHAN S/O AHMED KHAN AGED ABOUT 43 YEARS SHARE NO. 1527/E
104. ILYAZ PASHA S/O G MOHAMAD GOUSE AGED ABOUT 58 YEARS - 15 - SHARE NO.428/C
105. KHALEEL AHAMAD S/O SHEK AHAMAD AGED ABOUT 45 YEARS SHARE NO.454/C
106. VAJIHA BEGAM S/O MOHAMAD SHAFI AGED ABOUT 55 YEARS SHARE NO.1413/J
107. ASEER JASRI S/O LATE. MOHAMOD SHAFI AGED ABOUT 33 YEARS SHARE NO 1414/J
108. IRFAN KHAN S/O MOHAMAD PASHA AGED ABOUT 38 YEARS SHARE NO.431/C
109. NOOR JAN W/O LATE. ABDUL RAZAQ AGED ABOUT 70 YEARS SHARE NO. 1561/A
110. MAHBOOB JAN S/O S.K SIDIK AGED ABOUT 65 YEARS, SHARE NO.1562/A
111. MUMTAZ PASHA S/O LATE MOHAMMED KHASIM AGED ABOUT 56 YEARS, SHARE NO. 1026/C - 16 -
112. MUMTAZ BEGAM C/O MANSUL KHAZI AGED ABOUT 70 YEARS, SHARE NO.404/C
113. MOHAMMED PASHA C/O MOOSA KHAN AGED ABOUT 78 YEARS, SHARE NO.432/C
114. T MUNAWAR PASHA S/O LATE ABDUL AJIZ AGED ABOUT 65 YEARS, SHARE NO.
115. HASMAT UNNIS S/OT MUNAWAR PASHA AGED ABOUT 67 YEARS, SHARE NO. 1260/B
116. WASIMA S/O MANSUL AHAMAD AGED ABOUT 40 YEARS, SHARE NO.1197/1
117. ALLA BHAKASH S/O N H ABDUL KADAR AGED ABOUT 55 YEARS, SHARE NO. 1730/F
118. IMRAN SALEEM S/O MOHAMAD DASTAGIR AGED ABOUT 43 YEARS, SHARE NO.1051/1
119. SHOUKTH PASHA S/O ABDUL REHAMAN AGED ABOUT 41 YEARS, - 17 - SHARE NO.1813/H
120. MOHAMMED KASHIF S/O MAHAMMED KALEEM AGED ABOUT 40 YEARS, SHARE NO.1032/1
121. NASREEN TAJ W/O HIDAYATH KHAN AGED ABOUT 44 YEARS, SHARE NO. 1817/H
122. HIDAYATH KHAN S/O SHAR ALI KHAN AGED ABOUT 46 YEARS, SHARE NO. 1816/H
123. SHAR ALI KHAN S/O LATE. GOUSE KHAN AGED ABOUT 70 YEARS, SHARE NO.265/A
124. ZAIB UNNIS C/O SHAR ALI KHAN AGED ABOUT 63 YEARS, SHARE NO.1266/B
125. AFSAR PASHA S/O NASIM PASHA AGED ABOUT 43 YEARS, SHARE NO.494/D
126. UMME TABIBA S/O NR KIZAR AHAMAD AGED ABOUT 40 YEARS, SHARE NO.500/D - 18 -
127. FAHMID UNNISA C/O NASIM PASHA AGED ABOUT 73 YEARS, SHARE NO. 1254/B
128. SHABANA BANU W/O ABDUL BASHIR AGED ABOUT 45 YEARS, SHARE NO.824/H
129. FAJLULLA KHAN S/O LATE GAFAR KHAN AGED ABOUT 80 YEARS, SHARE NO.2007/D
130. ASHRAF UNNISA S/O LATE RASUL PASHA AGED ABOUT 75 YEARS, SHARE NO.1701/F
131. AFZAL PASHA S/O MUNAWAR PASHA AGED ABOUT 42 YEARS, SHARE NO.490/D
132. GOUSE PASHA S/O LATE. MOHAMOD DASTAGIR AGED ABOUT 47 YEARS, SHARE NO.836/H
133. SYED SAMEER S/O LATE. SAIYAD SALEEM AGED ABOUT 30 YEARS, SHARE NO.5651/G
134. NASREEN TAJ S/O LATE. SAYAD SALEEM AGED ABOUT 50 YEARS, - 19 - SHARE NO.549/G
135. DASTAGIR AHAMAD S/O SHAFI AHAMAD AGED ABOUT 45 YEARS, SHARE NO.517/G
136. ISMAIL KHAN S/O YUSAF KHAN AGED ABOUT 65 YEARS, SHARE NO.1211/B
137. HAJIRA KHANAM S/O ISMAIL KHAN AGED ABOUT 58 YEARS, SHARE NO.
138. MOHAMAD FAZIL S/O LATE. ABDUL KADAR AGED ABOUT 56 YEARS, SHARE NO.405/C
139. ZULFIKAR AHAMAD S/O LATE. MOHAMAD DASTAGIR AGED ABOUT 46 YEARS, SHARE NO.895/H
140. NAEEM UNNISA S/O LATE MOHAMMED DASTAGIR AGED ABOUT 68 YEARS, SHARE NO. 1020/1
141. SHAHNAWAZ BEGAM S/O MOHAMAD GOUSE AGED ABOUT 42 YEARS, SHARE NO.1006/1 - 20 -
142. NOOR MOHAMMED S/O SHABIR AHAMAD AGED ABOUT 47 YEARS, SHARE NO.1100/I
143. FAYAZ PASHA S/O ABDUL REHAMAN AGED ABOUT 55 YEARS, SHARE NO. 1825/H
144. SHAKEEL PASHA S/O AMEER SAB AGED ABOUT 46 YEARS, SHARE NO.620/K
145. FARIN TAJ S/O LATE GOUSE PASHA AGED ABOUT 35 YEARS, SHARE NO.1777/F
146. ZAREEN TAJ C/O ABDUL KADAR AGED ABOUT 54 YEARS, SHARE NO.909/F
147. GOUSE PASHA S/O MOHAMAD DASTAGIR AGED ABOUT 65 YEARS, SHARE NO.1563/A
148. SHAHZAD S/O GOUSE PASHA AGED ABOUT 60 YEARS, SHARE NO.1495/J
149. MEHABUB PASHA S/O GOUSE PASHA AGED ABOUT 45 YEARS, - 21 - SHARE NO.1509/E
150. IMRAN KHAN S/O GOUSE PASHA AGED ABOUT 49 YEARS, SHARE NO.1522/E
151. ASIF PASHA S/O AZIZ PASHA AGED ABOUT 46 YEARS, SHARE NO.1820/H
152. SADIQ PASHA S/O RASHID SAHEB AGED ABOUT 45 YEARS, SHARE NO.966/F
153. KALIM ULLA SHARIF S/O ABDUL REHAMAN AGED ABOUT 68 YEARS, SHARE NO.1209/3
154. FAHIM UNNISA C/O KALEEM ULLA SHARIF AGED ABOUT 62 YEARS, SHARE NO.1208/J
155. TAHASIN TAJ C/O NOOR ULLA KHAN AGED ABOUT 48 YEARS, SHARE NO.352/B
156. MUMTAJ KHANAM C/O KABIR AGED ABOUT 49 YEARS, SHARE NO.1228/1 - 22 -
157. PADMA C/O BABU AGED ABOUT 25 YEARS, SHARE NO.
158. REEHANA KHANAM C/O LATE. MEHABUB PASHA AGED ABOUT 58 YEARS, SHARE NO.1805/H
159. AFTAB PASHA C/O AKMAL PASHA AGED ABOUT 23 YEARS, SHARE NO.442/C
160. IQBAL PASHA C/O LATE. MAQBUL AHAMAD AGED ABOUT 62 YEARS, SHARE NO.
161. FARZANA BANU C/O IQBAL PASHA AGED ABOUT 53 YEARS, SHARE NO. 441/C
162. KALEEM PASHA C/O LATE. ABDUL HAMEED AGED ABOUT 59 YEARS, SHARE NO. 976/F
163. RASHIDA KHANAM C/O KALEEM PASHA AGED ABOUT 54 YEARS, SHARE NO.979/F
164. FAHIM UNNIS C/O AFSAR PASHA AGED ABOUT 68 YEARS, - 23 - SHARE NO.
165. SYED HAFEEZ ULLA C/O LATE. SYED MAHIDIN AGED ABOUT 60 YEARS, SHARE NO.615/K
166. MUNEERA BEGAM C/O SAYAD HAFEEZ ULLA AGED ABOUT 53 YEARS, SHARE NO.625/K
167. ARFANA B C/O AYUB KHAN AGED ABOUT 50 YEARS, SHARE NO. 1823/H
168. AYUB KHAN C/O MAQBUL AHAMAD KHAN AGED ABOUT 55 YEARS, SHARE NO. 1824/H
169. NOOR UNNIS C/O LATE. MOHAMAD GOUSE AGED ABOUT 78 YEARS, SHARE NO.625/K
170. NAZNEE C/O MUJAHID PASHA AGED ABOUT 60 YEARS, SHARE NO. 1266/1
171. ANSAR PASHA S/O NASEEM PASHA AGED ABOUT 54 YEARS, SHARE NO. 1399/1 - 24 -
172. MOHAMMED ISMAIL C/O MOHAMMAD SAB AGED ABOUT 60 YEARS, SHARE NO. 1500/100/A
173. UMAR DARAZ C/O BABA SAB AGED ABOUT 58 YEARS, SHARE NO.1016/1
174. TASMIYA C/O UMAR DARAZ AGED ABOUT 55 YEARS, SHARE NO.1017/1
175. AYEESHA PARWIN C/O UMAR DARAZ AGED ABOUT 38 YEARS, SHARE NO. 1053/1
176. ASHRAF UNNIS C/O GOUSE PASHA AGED ABOUT 56 YEARS, SHARE NO.2040/D
177. SAEED PASHA C/O GOUSE PASHA AGED ABOUT 38 YEARS, SHARE NO.2041/D
178. MOHAMMED JAFER C/O MAHAMMED SALAR AGED ABOUT 55 YEARS, SHARE NO.1874/H
179. MOHAMMED MADAR C/O MOHAMAD SALAR AGED ABOUT 53 YEARS, SHARE NO. 17-17/F - 25 -
180. LIYAKATH HUSEN C/O ABDUL BASIR AGED ABOUT 43 YEARS, SHARE NO.1215/B
181. TAHIN TAJ C/O GOUSE PASHA AGED ABOUT 50 YEARS, SHARE NO.1704/F
182. RAFEE AHAMAD C/O MOHAMAD ANWAR AGED ABOUT 48 YEARS, SHARE NO.1893/H
183. ASMA BANU C/O MOHAMAD ANWAR AGED ABOUT 40 YEARS, SHARE NO.1894/H
184. SHAHEDA BANU C/O MOHAMAD ANWAR AGED ABOUT 42 YEARS, SHARE NO.1895/H
185. ZOHRA JABEEN C/O GULZAR PASHA AGED ABOUT 50 YEARS, SHARE NO. 1014/1
186. NAWAZ PASHA C/O LATE. ABDUL KADAR AGED ABOUT 47 YEARS, SHARE NO.
187. MOHAMAD ANWAR C/O UMAR DARAZ AGED ABOUT 62 YEARS, - 26 - SHARE-NO.L
188. NIZAM PASHA C/O ALTAF HUSSEN AGED ABOUT 50 YEARS, SHARE NO.L
189. NOOR AMBRAN C/O NOOR MOHAMAD AGED ABOUT 42 YEARS, SHARE NO. M
190. JAMSHID BANU C/O ABADUL KADAR AGED ABOUT 35 YEARS, SHARE NO. M
191. ANTIYA NOORI C/O NAWAZ PASHA AGED ABOUT 42 YEARS, SHARE NO. M
THE PETITIONERS ARE THE MEMBERS OF RESPONDENT NO.7 - THE CONSUMER CO-OPERATIVE STORES LIMITED, NAGAMANGALA, NAGAMANGALA TALUK, MANDYA DISTRICT - 571432 …PETITIONERS (BY SRI. GIRISH N.R, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560001, REPRESENTED BY ITS SECRETARY.
2. THE STATE CO-OPERATIVE ELECTION COMMISSION, - 27 - 3RD FLOOR, T.T.M.C 'A' BLOCK, SHANTHI NAGAR, K.H. ROAD, BANGALORE-560 027, REPRESENTED BY ITS COMMISSIONER.
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU-560001.
4. THE DISTRICT CO-OPERATIVE ELECTION OFFICER, AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT -571401.
5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA, MANDYA DISTRICT-571434.
6. THE RETURNING OFFICER, CONSUMER CO-OPERATIVE STORES LIMITED, NAGAMANGALA, NAGAMANGALA TALUK, MANDYA DISTRICT-571432
7. CONSUMER CO-OPERATIVE STORES LTD.
REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959, HAVING OFFICE AT NAGAMANGALA, NAGAMANGALA TALUK, MANDYA DISTRICT-571432 REPRESENTED BY ITS PRESIDENT/CHIEF EXECUTIVE OFFICER
8. THE ELECTION OFFICER AND JOINT REGISTRAR CO-OPERATIVE SOCIETIES, MYSORE DIVISION, - 28 - OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES, PUBLIC OFFICES BUILDING, NEW SAYYAJI RAO ROAD, MYSORE, MYSORE DISTRICT-570024. …RESPONDENTS (BY SRI.YOGESH.D.NAIK, AGA FOR R1, R3 TO 6 & 8; SRI.A.DEVARAJ, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO A) QUASH THE INELIGIBLE VOTERS LIST PREPARED BY THE RESPONDENT NO.7-SOCIETY FOR THE ENSUING ELECTION OF THE BOARD OF DIRECTORS OF THE RESPONDENT NO.7-SOCIETY FOR THE PERIOD-2025-30 PRODUCED AT ANNEXURE-A BY ISSUING A WRIT OF CERTIORARI AS ILLEGAL IN SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
ORAL ORDER
Heard learned counsel for the petitioners and learned Additional Government Advocate for respondents No.1, 3 to 6 and 8.
2. The petitioners have approached this Court for
issuance of writ in the nature of Certiorari, to quash the ineligible voters list prepared by respondent No.7-Society for the ensuing election of the Board of Directors for the period 2025-30, produced as per Annexure-A and to issue writ in the - 29 - nature of Mandamus, to include their names in the eligible voters' list, and permit them to contest and cast votes in the election that was scheduled to be held on 26.10.2025.
3. As per the interim order passed by this Court dated
24.10.2025, the petitioners were permitted to cast votes in the election subject to the final outcome of the petition. It is also ordered that the petitioners shall not claim any equities in this regard. Accordingly, the petitioners are said to have cast votes in the election that was held on 26.10.2025.
4. Since the petitioners are challenging Annexure-A, they
will have the alternative remedy under Section 70 of the Karnataka Co-operative Societies Act, (for short, 'the KCS Act') before the appropriate authority raising dispute. Under such circumstances, I do not find any reason to entertain the petition.
5. Hence, the petition is disposed off, reserving liberty
to the petitioners to raise dispute under Section 70 of the KCS Act, if they are advised to do so, within a period ten days from the date of receipt of copy of the order. - 30 - The Returning Officer-respondent No.6 is directed to declare the election result without counting the votes cast by the petitioners. SD/- (M G UMA) JUDGE MKM CT:VS List No.: 2 Sl No.: 11