Veerendra And Ors vs The State Of Karnataka And Ors
2023 Latest Caselaw 9662 Kant

Karnataka High Court

Veerendra And Ors vs The State Of Karnataka And Ors on 7 December, 2023

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

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                                                      WP No. 200662 of 2021




                              IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                          DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                            BEFORE
                        THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR


                         WRIT PETITION NO. 200662 OF 2021 (CS-EL/M)
                   BETWEEN:

                   1.    VEERENDRA
                         S/O VISHWANATH PATIL,
                         AGE 38 YEARS, OCC:: AGRICULTURE,
                         R/O MUDGUL VILLAGE,
                         TQ: CHITTAGUPPA, DIST: BIDAR.

                   2.    SMT. PADAMAVATI
                         W/O VISHWANTH PATIL,
                         AGE 58 YEARS, OCC:: AGRICULTURE,
                         R/O MUDGUL VILLAGE,
                         TQ: CHITTAGUPPA, DIST: BIDAR.

                   3.    BASAVARAJ S/O VISHWANATH PATIL,
                         AGE 41 YEARS, OCC:: AGRICULTURE,
Digitally signed         R/O MUDGUL VILLAGE,
by SACHIN                TQ: CHITTAGUPPA, DIST: BIDAR.
Location: HIGH
COURT OF
KARNATAKA          4.    NAGENDRA S/O VISHWANATH PATIL,
                         AGE 36 YEARS, OCC:: AGRICULTURE,
                         R/O MUDGUL VILLAGE,
                         TQ: CHITTAGUPPA, DIST: BIDAR.

                   5.    MADHAV RAO S/O MADIVALAPPA PATIL,
                         AGE 83 YEARS, OCC: AGRICULTURE,
                         R/O ZERPET HUMANABAD,
                         TQ: HUMANABAD, DIST: BIDAR.

                   6.    SHASHIDHAR S/O MADHAVRAO PATIL,
                         AGE 57 YEARS, OCC: AGRICULTURE,
                         R/O ZERPET HUMANABAD,
                           -2-
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     TQ: HUMANABAD, DIST: BIDAR.

7.   BHOOPESH S/O MADHAV RAO PATIL,
     AGE 50 YEARS, OCC: AGRICULTURE,
     R/O BHUTALLI GALLI, CHITAGUPPA ,
     TQ: CHITAGUPPA, DIST: BIDAR.

8.   NEELESH S/O MADHAV RAO PATIL,
     AGE 38 YEARS, OCC: AGRICULTURE,
     R/O ZERPET HUMANABAD,
     TQ: HUMANABAD, DIST: BIDAR.

9.   GIRISH S/O MADHAVRAO PATIL,
     AGE 46 YEARS, OCC: AGRICULTURE,
     R/O ZERPET HUMANABAD,
     TQ: HUMANABAD, DIST: BIDAR.

10. APPANNA S/O IRANNA BHANDARI,
    AGE 42 YEARS, OCC: AGRICULTURE,
    R/O ZERPET HUMANABAD,
    TQ: HUMANABAD, DIST: BIDAR.

11. AAKASH REDDY S/O SANGARAM,
    AGE 29 YEARS, OCC: AGRICULTURE,
    R/O BHUTALLI GALLI, CHITAGUPPA,
    TQ: CHITTAGUPPA, DIST: BIDAR.

12. KAILASH S/O SANGRAM,
    AGE 27 YEARS, OCC: AGRICULTURE,
    R/O BHUTTALI GALLI, CHITAGUPPA,
    TQ: CHITAGUPPA, DIST:BIDAR.

13. RAVIRAJ S/O SUBHASHCHANDRA MANKAL,
    AGE 53 YEARS, OCC: AGRICULTURE,
    OLD TMC, CHITAGUPPA,
    TQ: CHITAGUPPA, DIST:BIDAR.

14. RAMDAS S/O SUBHASHCHANDRA MANKAL,
    AGE 51 YEARS, OCC: AGRICULTURE,
    OLD TMC, CHITAGUPPA,
    TQ: CHITAGUPPA, DIST:BIDAR.

15. PADAMAJA W/O RAVIRAJ MANKAL,
    AGE 45 YEARS, OCC: AGRICULTURE,
    OLD TMC, CHITAGUPPA,
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    TQ: CHITAGUPPA, DIST:BIDAR.

16. VANITA W/O UDAYAKUMAR MANKAL,
    AGE 50 YEARS, OCC: AGRICULTURE,
    OLD TMC, CHITAGUPPA,
    TQ: CHITAGUPPA, DIST:BIDAR.

17. UDAYA KUMAR S/O SUBHASHCHANDRA ANAKAL,
    AGE 56 YEARS, OCC: AGRICULTURE,
    OLD TMC, CHITAGUPPA,
    TQ: CHITAGUPPA, DIST:BIDAR.

18. OMKAR REDDY S/O MANIK REDDY SALGAR,
    AGE 51 YEARS, OCC: AGRICULTURE,
    R/O BELKERA VILLAGE,
    TQ: CHITAGUPPA, DIST:BIDAR.

19. MOHAMMAD MAZHARODDIN S/O MAINUDDIN,
    AGE 51 YEARS, OCC: AGRICULTURE,
    HUSSAINI AALAM, CHITAGUPPA,
    TQ: CHITAGUPPA, DIST: BIDAR.

20. MOHAMMAD ISMAIL
    S/O MD. MOINUDDINL LATHODI,
    AGE 46 YEARS, OCC: AGRICULTURE,
    HUSSAINI AALAM, CHITAGUPPA,
    TQ: CHITAGUPPA, DIST: BIDAR.

21. MD. MOHIUDDIN
    S/O MAINUDDIN LATHODI,
    AGE 53 YEARS, OCC: AGRICULTURE,
    HUSSAINI AALAM, CHITAGUPPA,
    TQ: CHITAGUPPA, DIST: BIDAR.

22. SMT. SAVITA W/O RAVICHANDRA SHIVAPUJI,
    AGE 52 YEARS, OCC: AGRICULTURE,
    NEAR BASAVANNA TEMPLE, CHITAGUPPA,
    TQ: CHITAGUPPA, DIST: BIDAR.

23. RAMSHETTY S/O MANIKAPPA,
    AGE 72 YEARS, OCC: AGRICULTURE,
    R/O ITAGA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.
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24. SANGAPPA S/O BHIMANNA
    AGE 36 YEARS, OCC: AGRICULTURE,
    R/O ITAGA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

25. CHANNAMALLAPPA BHEEMSHA,
    AGE 30 YEARS, OCC: AGRICULTURE,
    R/O ITAGA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

26. BHIMANNA S/O SHANKRAPPA,
    AGE 67 YEARS, OCC: AGRICULTURE,
    R/O ITAGA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

27. SANGANNA
    S/O MALSHETTAPPA NARAYANPUR,
    AGE 52 YEARS, OCC: AGRICULTURE,
    R/O ITAGA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

28. SIDDAPPA S/O RAMANNA WALI,
    AGE 67 YEARS, OCC: AGRICULTURE,
    R/O ITAGA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

29. RAJKUMAR S/O SURLINGAPPA,
    AGE 53 YEARS, OCC: AGRICULTURE,
    R/O ITAGA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

30. NAGARAJ S/O VITHAL RAO,
    AGE 39 YEARS, OCC: AGRICULTURE,
    R/O ITAGA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

31. RAJU S/O VITHAL,
    AGE 37 YEARS, OCC: AGRICULTURE,
    R/O ITAGA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

32. SANGAPPA S/O RAMANNA,
    AGE 83 YEARS, OCC: AGRICULTURE,
    R/O ITAGA VILLAGE,
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    TQ: CHITAGUPPA, DIST: BIDAR.

33. SHAMRAO S/O RAMANNA,
    AGE 60 YEARS, OCC: AGRICULTURE,
    R/O ITAGA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

34. AMBANNA YADHAV S/O NARSAPPA,
    AGE 58 YEARS, OCC: AGRICULTURE,
    R/O ITAGA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

35. DEVENDRA S/O JAREPPA METRI,
    AGE 54 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

36. SHIVAKUMAR S/O JAREPPA METRI,
    AGE 43 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

37. BASAVARAJ
    S/O MALSHETTY POLICE PATIL,
    AGE 64 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

38. BASSAPPA S/O ERAPPA SHERI,
    AGE 57 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

39. MANIK REDDY S/O RAJREDDY,
    AGE 51 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

40. SHIVARAJ S/O BHIMANNA,
    AGE 55 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

41. SANTOSH S/O GUNDAPPA HIRBAI,
    AGE 43 YEARS, OCC: AGRICULTURE,
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    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

42. SHIVARAJ S/O SIDDALINGAPPA,
    AGE 55 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

43. SHANKAR S/O BHIMASHETTY DEVANI,
    AGE 49 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

44. GUNDAMMA W/O IRAPPA,
    AGE 49 YEARS, OCC: AGRICULTURE,
    R/O KANDGOAL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

45. JERAPPA S/O TUKARAM METRI
    AGE 49 YEARS, OCC: AGRICULTURE,
    R/O KANDGOAL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

46. KAMALABAI W/O GUNDAPPA WAGGE,
    AGE 57 YEARS, OCC: AGRICULTURE,
    R/O KANDGOAL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

47. SARASWATI W/O ASHOK DHULLA,
    AGE 47 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

48. SANJEEV KUMAR
    S/O MALSHETTY NAGANKHERA,
    AGE 21 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

49. NAINAWATHI W/O VIJAYKUMAR,
    AGE 36 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.
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50. RACHAPPA S/O CHANNAPPA AURADI,
    AGE 50 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

51. BANDEPPA S/O SHANKRAPPAHIRABAI,
    AGE 57 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

52. SHIVARAJ
    S/O HANUMANTAPPA NAGANKERA,
    AGE 57 YEARS, OCC: AGRICULTURE,
    R/O KANDGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

53. VAIJANATH S/O SHIVALINGAPPA,
    AGE 60 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

54. BANDAPPA S/O SHANKRAPPA,
    AGE 63 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

55. BHIMSHA S/O BUDAPPA DEVANI,
    AGE 74 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

56. SMT GUNDAMMA
    W/O SHAMRAO POLICE PATIL,
    AGE 78 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

57. BHAGAWANTHARAO
    S/O SHAMRAO POLICE PATIL,
    AGE 49 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.
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58. MEERA REDDY S/O RAM REDDY SHERIKAR,
    AGE 48 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

59. PANDITRAO S/O SHAMRAO POLICE PATIL,
    AGE 43 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

60. SUBHASHCHANDRA
    S/O RAMSHETTY MADDARGAON,
    AGE 76 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

61. SRINIVAS S/O RAGHUNATH RAO PATTAR,
    AGE 51 YEARS, OCC: AGRICULTURE,
    R/O NIRANA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

62. SMT JAISHREE W/O SRINIVAS PATTAR,
    AGE 45 YEARS, OCC: AGRICULTURE,
    R/O NIRANA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

63. SUBHASH W/O MANIKAPPA KHASHAMPUR,
    AGE 68 YEARS, OCC: AGRICULTURE,
    R/O NIRANA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

64. SHANTABAI W/O SUBHASH KHASHAMPUR,
    AGE 60 YEARS, OCC: AGRICULTURE,
    R/O NIRANA VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

65. MAHADEV S/O SANGARAMAPPA SWAMY,
    AGE 58 YEARS, OCC: AGRICULTURE,
    R/O WALKHINDI VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

66. SUBHASH S/O GURULINGAPPA KALLUR,
    AGE 70 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
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    TQ: CHITAGUPPA, DIST: BIDAR.

67. SMT UMADEVI S/O SUBHASH KALLUR,
    AGE 60 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

68. SANGMESH S/O SUBHASH KALUR,
    AGE 40 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

69. NAGESH S/O SUBHASH KALLUR,
    AGE 38 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

70. VEERESH S/O SUBHASH KALLUR,
    AGE 36 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

71. BASAVARAJ S/O ANNEPPA PADGI,
    AGE 48 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

72. MALLAPPA S/O SIDDAPPA GADAMI
    AGE 55 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

73. VEERANNA S/O SIDDAPPA GADAMI,
    AGE 63 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

74. RAMLINGAPPA S/O NARSAPPA DAYAL,
    AGE 67 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

75. SHANTKUMAR S/O ADEPPA WALI,
    AGE 47 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
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    TQ: CHITAGUPPA, DIST: BIDAR.

76. BHIMRAO S/O MAHARUDRAPPA KALAYANI,
    AGE 59 YEARS, OCC: AGRICULTURE,
    R/O SHAMTABAD VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

77. RAJSHEKHAR S/O BASLINGAPPA MAINALLI,
    AGE 65 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

78. SUBHASH S/O ANTAPPA GANGA,
    AGE 66 YEARS, OCC: AGRICULTURE,
    R/O DHUBALGUNDI VILLAGE,
    TQ: HUMNABAD , DIST: BIDAR.

79. MALLIKARJUN
    S/O HANUMANTHARAO PATIL,
    AGE 51 YEARS, OCC: AGRICULTURE,
    R/O HOUSING BOARD COLONY,
    CHITTAGUPPA, TQ: CHITAGUPPA,
    DIST: BIDAR.

80. SUBHASH S/O VEERSHETTY KUMBAR,
    AGE 58 YEARS, OCC: AGRICULTURE,
    R/O BHASKAR NAGAR, CHITTAGUPPA,
    TQ: CHITAGUPPA, DIST: BIDAR.

81. SHIVAKUMAR S/O NEELKANTHAPPA PATIL,
    AGE 51 YEARS, OCC: AGRICULTURE,
    R/O CHITAGUPPA , TQ: CHITTAGUPPA,
    DIST: BIDAR.

82. SHIVAKUMAR S/O SHARNAPPA PATIL,
    AGE 42 YEARS, OCC: AGRICULTURE,
    R/O BELKERA VILLAGE , TQ: CHITAGUPPA,
    DIST: BIDAR.

83. SHARNAPPA S/O MAHADEVAPPA PATIL,
    AGE 70 YEARS, OCC: AGRICULTURE,
    R/O BELKERA VILLAGE, TQ: CHITAGUPPA,
    DIST: BIDAR.
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84. SUNIL KUMAR S/O AMBRUTHRAO GADAMI,
    AGE 46 YEARS, OCC: AGRICULTURE,
    R/O CHITTAGUPPA, TQ: CHITTAGUPPA,
    DIST: BIDAR.

85. SMT. VIMALABAI W/O AMBRUTHRAO GADAMI,
    AGE 78 YEARS, OCC: AGRICULTURE,
    R/O CHITTAGUPPA, TQ: CHITAGUPPA,
    DIST: BIDAR.

86. ANILKUMAR S/O AMBRUTHRAO GADAMI,
    AGE 49 YEARS, OCC: AGRICULTURE,
    R/O CHITAGUPPA , TQ: CHITAGUPPA,
    DIST: BIDAR.

87. DILIP KUMAR S/O SANGRAMAPPA PATIL,
    AGE 47 YEARS, OCC: AGRICULTURE,
    R/O KODAMBAL VILLAGE, TQ: CHITAGUPPA,
    DIST: BIDAR.

88. SANGAMMA W/O ANEPPA DESHMUKH,
    AGE 60 YEARS, OCC: AGRICULTURE,
    R/O KODAMBAL VILLAGE, TQ: CHITTAGUPPA,
    DIST: BIDAR.

89. KASHAPPA S/O DHULAPPA MEDARGAON,
    AGE 72 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

90. SMT. SANGEETA
    W/O NAGANATHRAO POLICE PATIL,
    AGE 34 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

91. SMT JAGADEVI
    W/O PANDITRAO POLICE PATIL,
    AGE 32 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

92. BASAVARAJ S/O APPARAO POLICE PATIL,
    AGE 29 YEARS, OCC: AGRICULTURE,
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     R/O MADGUL VILLAGE,
     TQ: CHITAGUPPA, DIST: BIDAR.

93. MARUTI S/O SHANKAR,
    AGE 55 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

94. SMT. LAXMIBAI
    W/O PRABHURAO POLICE PATIL,
    AGE 48 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

95. SMT. MAHADEVI
    W/O MALSHETTY MADDARGAON,
    AGE 76 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

96. PRABHURAO S/O MALSHETTY POLICE PATIL,
    AGE 51 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

97. GIREPPA S/O PEERAPPA,
    AGE 70 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

98. VILASREDDY S/O LACHAREDDY,
    AGE 65 YEARS, OCC: AGRICULTURE,
    R/O MADGUL VILLAGE,
    TQ: CHITAGUPPA, DIST: BIDAR.

                                            ...PETITIONERS

(BY SRI. GOURISH S. KHASHAMPUR AND
SRI. SANJEEVKUMAR C. PATIL, ADVOCATES)
AND:

1.   THE STATE OF KARNATAKA,
     DEPARTMENT OF CO-OPERATION,
     M.S. BUILDING,
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     DR. B.R. AMBEDKAR VEEDHI,
     BENGALURU-01,
     REPRESENTED BY ITS SECRETARY.

2.   THE STATE CO-OPERATIVE ELECTION AUTHORITY,
     3RD FLOOR, SHANTHI NAGAR,
     T.T.M.C, 'A' BLOCK, SHANTI NAGAR,
     BANGALORE-27.
     REPRESENTED BY ITS SECRETARY.

3.   THE DEPUTY COMMISSIONER/
     ADMINISTRATOR, BIDAR SAHAKARA SAKKARE
     KARKHANE NIYAMITA, BIDAR-585 401.

4.   THE JOINT REGISTRAR OF
     COOPERATIVE SOCIETIES,
     RAICHUR-584 101.

5.   THE DEPUTY REGISTRAR OF COOPERATIVE
     SOCIETIES, BIDAR-585 401.

6.   THE ELECTION OFFICER/
     BIDAR SAHAKARA SAKKARE KARKHANE NIYAMITA,
     HALLIKHED, TQ: HUMANABAD,
     DIST: BIDAR-585 401.

7.   THE RETURNING OFFICER,
     BIDAR SAHAKARA SAKKARE KARKHANE NIYAMITA,
     HALLIKHED, TQ: HUMANABAD,
     DIST: BIDAR-585 401.

8.   BIDAR SAHAKARA SAKKARE KARKHANE NIYAMITA,
     HALLIKHED, TQ: HUMAMABAD,
     DIST: BIDAR-585 401.
     REPRESENTED BY ITS MANAGING DIRECTOR.

                                           ...RESPONDENTS

(BY SRI. G. B. YADAV, HCGP FOR R1 TO R5;
NOTICE TO R6 TO R8 ARE SERVED)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A) DECLARE THAT SEC. 20(2)(a-iv), (a-v), SEC. 27(A) OF THE
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                                           WP No. 200662 of 2021




KARNATAKA COOPERATIVE SOCIETIES ACT 1959 IS ULTRA
VIRUS AND LACKS LEGISLATIVE COMPETENCY; B) ISSUE A
WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT, OR ORDER OR DIRECTION, DIRECTING
THE RESPONDENTS TO INCLUDE THE NAMES OF THE
PETITIONERS IN THE ELIGIBLE VOTERS LIST WITHOUT
INSISTING THE COMPLIANCE OF U/SEC. 20(2)(a-iv) OF THE
ACT 1959 BY RESPONDENT-8, IN SO FAR IT PERTAINS TO
PETITIONERS AND ETC.

       THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY THE COURT MADE THE FOLLOWING:


                             ORDER

Heard learned counsel for the petitioners and learned

High Court Government Pleader appearing on behalf of

respondent Nos.1 to 5/State.

2. This petition is filed seeking to declare

Section 20(2) (a-iv), (a-v) of the Karnataka Co-Operative

Societies Act, 1959 (for short, 'the Act'), is ultra vires and

lacks legislative competency and also for a writ of

certiorari seeking to quash ineligible voters list published

by the respondent Nos.3 and 4, insofar as the petitioners

are concerned vide Annexure-B and sought for writ of

mandamus for a direction to the respondents to include

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the names of petitioners in the eligible voters list without

insisting for compliance of Section 20(2) (a-iv) of the Act,

1959.

3. The petitioners are the members/voters of the

Co-operative Society/respondent No.8, which is registered

under the Act. Respondent No.7 was appointed as the

Returning Officer to conduct election to thirteen posts of

Directors for Society/respondent No.8. Pursuant to which,

calendar of events was issued on 15.02.2021 fixing the

date of election to be conducted on 09.03.2021.

Respondent Nos.3 and 4 prepared a list of voters, wherein

petitioners were ineligible for voting. The petitioners

intended to participate in the said election and cast their

votes as they are eligible voters and members of the

society.

4. It is the contention of the petitioners that the

names of the petitioners were not found in the voters' list

instead the names of the petitioners were entered in the

ineligible voters' list and they are not permitted to cast

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their votes as they have not attended three general body

meetings as contemplated under the Act. It is further

contended that the petitioners have not received a single

notice of the general body meetings in several years and

the petitioners cannot be expected to attend the general

body meetings without notice from the society. According

to the petitioners, 97th amendment to the Constitution

came into force on 15.04.2012 inserting Part IX-B. The

mandate under Article 243 ZH to Article 243 ZT is framing

State Legislature to make law to regulate incorporation

and regulations of the Co-operative Society based on

principles of voluntary formation democratic member

control and Article 243-ZO provides that the legislature of

the State may by law provides access to every member of

the Co-operative Society kept in regular transaction of its

business with such members and the State may make

provision to ensure the participation of members in the

management of the Co-operative society providing

minimum requirement of attending meetings by members

and utilizing minimum level of services.

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5. The petitioners being aggrieved by non-

inclusion of their names in the eligible voters' list to cast

their votes and so also challenging the amended provision

of Section 20(2)(a-iv) (a-v) of the Act as unconstitutional

and arbitrary and violation of Article 14 of the Constitution

of India.

6. Learned High Court Government Pleader

representing the respondent nos.1 to 5/State contends

that in similar matter wherein the constitutional validity of

Section 20 (2) (a-iv) (a-v) of the Act was questioned

before this Court in W.P.No.204109-113/2018 and other

connected matters. The Co-ordinate Bench of this Court

while considering the constitutional validity of the above

provision negatived the challenge made to the

constitutional validity of Section 20(2) (a-iv) (a-v) of the

Act and upheld the Section 20(2) (a-iv) (a-v) of the Act.

Therefore, the first prayer sought in this present petition

would not survive for consideration in view of the fact that

the co-ordinate Bench of this Court in W.P.No.204109-

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113/2018 and other connected matters dated 13.03.2020

has already dealt with the matter and decided the same by

upholding the validity of Section 20(2) (a-iv) (a-v) of the

Act.

7. The amended provisions of the Act of 1959

namely Section 20(2)(a-iv) and (a-v) shall be effective for

elections to be held post disposal of writ petitions and the

elections already conducted, the persons who are elected

and continuing in the post shall not be disturbed till next

further elections are conducted.

8. The Co-ordinate Bench of this Court in

W.P.No.48973/2019 dated 04.08.2021, it is held as

under:-

"Admittedly, the Amendment Act has received the assent of the Governor on 10.01.2013. Learned Advocates for petitioners have submitted that though the Act has come into force in 2013, the same has not been enforced till 2018. Thereafter, several writ petitions have been filed in this Court. This Court, by interim orders has permitted the members to vote and participate in the elections. In view of the fact

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that the amendment not having been enforced for five years and this Court having granted interim protection, the prayer made by the learned Advocates for petitioners merits consideration, because, pursuant to the interim orders, Members of the Societies have participated in the elections and many have won the elections. If the acts done by the respective members of the Society as on date are not saved, it will lead to a chaotic situation. In the circumstances, it is just and appropriate to accept the prayer made on behalf of the petitioners. Accordingly, the amended provisions of the Act namely, Section 20(2)(a-iv) and (a-v) shall be effective for elections to be held post disposal of these writ petitions."

9. The second aspect which is questioned by the

petitioners is with regard to the participation of the

petitioners to cast their votes as their names were

included in the ineligible list. However, in view of the fact

that vide interim prayer granted by this Court on

19.03.2021, the petitioners were permitted to contest and

cast their votes in the election conducted on 09.03.2021 to

the election of respondent No.8. Pursuant to which, the

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election was conducted and the petitioners participated

and casted their vote. Therefore, the second prayer also

would not survive for consideration. With regard to other

prayers, the petitioners have succeeded in casting their

vote in the election. In view of the judgment of the co-

ordinate Bench of this Court as stated supra, the present

petition would no longer survive for consideration.

Accordingly, I pass the following :

ORDER

(i) The Writ Petition is disposed of in view of the judgment of the Co-Ordinate Bench of the this Court in W.P.No.204109-113/2018 and other connected matters dated 13.03.2020, wherein the constitutional validity of Section 20 (2) (a-iv) (a-v) of the Karnataka Co-operative Society Act, 1959 is upheld and the challenge made by the petitioners therein was negatived would hold good in the present case as well.

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(ii) The second prayer is rendered infructuous as elections are conducted and results are declared.

Sd/-

JUDGE

SN