Karnataka High Court
Vivekanand vs The Joint Registrar on 24 September, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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WA No. 200228 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO.200228 OF 2025 (S-RES)
BETWEEN:
SRI VIVEKANAND
S/O GIREPPA BIRADAR,
AGED ABOUT 47 YEARS,
OCC: UNDER TERMINATION SECRETARY/CEO,
PRATHAMIKA KRUSHI PATTINA,
SAHAKARA SANGHA LTD., NANDARGI,
TQ: INDI, DIST: VIJAYAPURA- 586 209.
R/O: ALANKUNTE NAGAR,
NEAR DCC BANK,
Digitally signed
by TQ: & DIST: VIJAYAPURA - 586 101.
NIJAMUDDIN
JAMKHANDI ...APPELLANT
Location: HIGH
COURT OF (BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
KARNATAKA
AND:
1. THE JOINT REGISTRAR
OF CO-OPERATIVE SOCIETIES,
BELAGAUM REGION, BELAGAVI,
DIST: BELAGAVI - 590 001.
2. THE DEPUTY REGISTRAR
OF CO-OPERATIVE SOCIETIES,
VIJAYAPURA, DIST: VIJAYAPURA - 586 101.
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3. THE ASST. REGISTRAR OF CO-OPERATIVE
SOCIETIES,
INDI SUB-DIVISION, INDI,
TQ: INDI DIST: VIJAYAPURA - 586 209.
4. THE PRESIDENT,
PRATHAMIKA KRUSHI PATTINA
SAHAKARA SANGAHA LTD.,
NANDARGI, TQ: INDI,
DIST: VIJAYAPURA - 586 209.
5. PRATHAMIKA KRUSHI PATTINA
SAHAKARA SANGHA LTD.,
NANDARGI, TQ: INDI,
DIST: VIJAYAPURA - 586 209.
BY ITS CHIEF EXECUTIVE OFFICER.
...RESPONDENTS
(BY SMT. MAYA T. R., HCGP FOR R1 TO R3;
SRI V. K. NAYAK, ADVOCATE FOR R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ALLOW THIS
WRIT APPEAL AND SET-ASIDE THE ORDER DATED 16.06.2025
PASSED IN WP NO.203596/2024 (S-RES), BY LEARNED SINGLE
JUDGE OF THIS COURT, CONSEQUENTLY ALLOW THIS WRIT
PETITION FILED BY THE PETITIONER/APPELLANT AS PRAYED.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
AND
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
Heard the learned counsel for appellant and the
learned counsel for the respondents.
2. Learned counsel for appellant submits that in
view of the interim order granted by this Court, the
appellant has been reinstated. The learned counsel for
the respondents does not dispute the said submission.
3. We have perused the impugned order passed
by the learned Single Judge. The learned Single Judge
has made an observation that there is an alternative
remedy available to the petitioner and not passed the
order on merits. The learned Single Judge dismissed the
petition reserving liberty to the petitioner to raise
dispute under Section 70 of the Karnataka Co-operative
Societies Act, 1959.
4. It is also observed in the impugned order that
the time spent by the petitioner before the learned
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Single Judge shall be taken into consideration for
condoning the delay in raising the dispute under Section
70 of the Karnataka Co-operative Societies Act, 1959, if
any such application is made.
5. Having considered the reasoning of the
learned Single Judge in the impugned order and when
such an order is passed giving liberty to approach the
appropriate forum and protecting the rights of the
petitioner therein, we do not find any infirmity in the
impugned order passed by the learned Single Judge.
6. Since the petitioner/appellant has already
been reinstated in terms of the interim order of this
Court, the said interim order shall continue for a period
of four weeks.
7. The appellant is given liberty to approach the
appropriate forum and get an appropriate order within
four weeks from today.
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8. With this observation, the writ appeal is
disposed of.
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
NB
CT:NI
