Karnataka High Court
Sri Puneeth Kumar K S vs Sri Ranjith D on 9 October, 2025
-1-
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WA No. 1820 of 2024
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WA No.1834 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO. 1820 OF 2024 (CS-RES)
C/W
WRIT APPEAL NO. 1834 OF 2024 (CS-RES)
IN WA No.1820 OF 2024
BETWEEN:
1. SRI PUNEETH KUMAR K S
S/O. SHOORAPPA GOWDA,
AGED ABOUT 37 YEARS,
KOPPADKA HOUSE,
KALMAKARU VILLAGE,
SULLIA TALUK,
DAKSHINA KANNADA-574221,
[email protected]
Digitally signed
by NIRMALA
DEVI 2. THE EXECUTIVE OFFICER,
Location: HIGH BILINELE PRIMARY AGRL.
COURT OF CREDIT CO-OP SOCIETY LTD.,
KARNATAKA
P.O NETTANA, KADABA TALUK,
DAKSHINA KANNADA-574230.
...APPELLANTS
(BY SMT. RASHMI R, ADVOCATE FOR
SRI. SUBRAMANYA BHAT M, ADVOCATE)
AND:
1. SRI RANJITH D
S/O SEETHARAM GOWDA D,
-2-
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WA No. 1820 of 2024
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WA No.1834 of 2024
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AGED ABOUT 32 YEARS,
R/AT DEKKALA HOUSE,
EDAMANGALA VILLAGE,
SULLIYA TALUK,
DAKSHINA KANNADA-574221
2. THE PRESIDENT
BILINELE PRIMARY AGRL.
CREDIT CO-OP SOCIETY LTD,
P.O NETTANA KADABA TALUK,
DAKSHINA KANNADA-574230.
3. ASSISTANT REGISTRAR,
BILINELE PRIMARY AGRL. CREDIT
CO-OP SOCIETY LTD PUTTUR
SUBDIVISION, PUTTUR,
DAKSHINA KANNADA-574230.
4. DEPUTY REGISTRAR,
BILINELE PRIMARY AGRL. CREDIT
CO-OP SOCIETY LTD, MANGALORE,
DAKSHINA KANNADA-574230.
...RESPONDENTS
(BY SRI. B.S. SACHIN, ADVOCATE FOR C/R1)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL
AND SET ASIDE THE ORDER DATED 23.09.2024 PASSED IN
WRIT PETITION No. 26677/2023 (CS-RES) ON THE FILE OF
THE LEARNED SINGLE JUDGE AND DISMISS THE WRIT
PETITION, TO MEET THE ENDS OF JUSTICE AND ETC.
IN WA No.1834 OF 2024
BETWEEN:
THE PRESIDENT
BILINELE PRIMARY AGRL.
CREDIT CO-OP SOCIETY LTD,
-3-
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WA No. 1820 of 2024
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WA No.1834 of 2024
HC-KAR
P.O NETTANA KADABA TALUK,
DAKSHINA KANNADA-574230,
ceopacsbilinele@ gmail.com.
...APPELLANT
(BY SRI. SHRIDHAR PRABHU, ADVOCATE)
AND:
1. SRI RANJITH D
S/O SEETHARAM GOWDA D,
AGED ABOUT 32 YEARS,
R/AT DEKKALA HOUSE,
EDAMANGALA VILLAGE,
SULLIYA TALUK,
DAKSHINA KANNADA-574221
2. SRI. PUNEETH KUMAR K. S
S/O. SHOORAPPA GOWDA,
AGED ABOUT 37 YEARS,
KOPPADKA HOUSE,
KALMAKARU VILLAGE,
SULLIA TALUK,
DAKSHINA KANNADA-574221.
3. THE EXECUTIVE OFFICER,
BILINELE PRIMARY AGRL.
CREDIT CO-OP SOCIETY LTD.,
P.O NETTANA, KADABA TALUK,
DAKSHINA KANNADA-574230.
4. ASSISTANT REGISTRAR,
BILINELE PRIMARY AGRL.
CREDIT CO-OP SOCIETY LTD
PUTTUR SUBDIVISION,
PUTTUR, DAKSHINA KANNADA-574230
5. DEPUTY REGISTRAR,
BILINELE PRIMARY AGRL.
CREDIT CO-OP SOCIETY LTD,
MANGALORE,
-4-
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WA No. 1820 of 2024
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WA No.1834 of 2024
HC-KAR
DAKSHINA KANNADA-574230
...RESPONDENTS
(BY SRI. B.S. SACHIN, ADVOCATE FOR C/R1)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL
AND SET ASIDE THE ORDER DATED 23.09.2024 PASSED IN
WP No-26677/2023 (CS-RES) ON THE FILE OF THE LEARNED
SINGLE JUDGE AND DISMISS THE WP TO MEET THE ENDS
OF JUSTICE.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. For the reasons stated in the application - I.A.2/2024 in W.A.
No.1820/2024, the same is allowed. Delay of 39 days in filing the
appeal is condoned. For the reasons stated in the application -
I.A.2/2024 in W.A. No.1834/2024, the same is allowed. Delay of 45
days in filing the appeal is condoned.
2. The appellants have filed the present appeals impugning an
order dated 23.09.2024 passed by the learned Single Judge in
W.P. No.26677/2023 [CS-RES]. The aforementioned Writ Petition
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was filed by the respondents impugning the decision of the
appellant-Society [Bilinele Primary Agricultural Credit Co-Op
Society Ltd.,] in appointing Sri Puneeth Kumar K.S. who was
arrayed as respondent No.1 in the writ petition as a Chief Executive
Officer. Apparently, the writ petitioner's candidature was not
considered on account of a criminal case pending against him. Writ
petitioner is acquitted in the said case and the said fact was not
before the concerned Committee of the appellant-Society. In view
of the above, learned Single Judge allowed the writ petition and set
aside the order appointing Sri Puneeth Kumar K.S. as Chief
Executive Officer. The matter was remanded to the concerned
Committee for considering afresh.
3. Learned counsel for the appellants contended that the writ
petition is not maintainable as the appellant-Society is not a State
under Article 12 of the Constitution of India. It is also not charged
with any public function. In addition, it is submitted that the
decision to appoint Sri Puneeth Kumar K.S. could not be faulted as
on the date when the said decision was taken, a criminal case was
pending against the writ petitioner. Concededly, the question
whether the writ petition is maintainable or not was not urged
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before the learned Single Judge and therefore, the learned Single
Judge has not ruled on the said question. We also note that the
learned Single Judge has not issued any directions to the Society
for appointing the writ petitioner as the Chief Executive Officer.
The Court has merely remanded the matter back to consider the
issue afresh. After some arguments, learned counsel for the
appellants submits that the appeals may be disposed of, while
reserving all rights and contentions of the appellants.
4. Learned counsel for the respondents submits that he has no
objection to the said course.
5. In view of the above, the present appeals are disposed of.
We clarify that all rights and contentions of the parties are
reserved. The question whether the writ petition is maintainable
against the Bilinele Primary Agricultural Credit Co-Op. Society Ltd.,
is left open. We also clarify nothing stated in the impugned order
shall be considered as a direction to the appellant Society for
appointing the writ petitioner as a Chief Executive Officer. The
impugned order be construed merely as a direction to the appellant
- Society for taking an informed decision. Time for complying with
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the impugned order is extended for a period of three months from
this date.
6. Pending I.A. also stands disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
BS
