[Cites 3, Cited by 0]
Karnataka High Court
Sri. K C Annegowda vs The State Of Karnataka on 12 March, 2026
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NC: 2026:KHC:14761
WP NO.8291 OF 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.8291 OF 2026 (CS-RES)
BETWEEN:
1. SRI. K.C. ANNEGOWDA,
AGED ABOUT 55 YEARS,
PRESIDENT,
KARNATAKA STATE JUDICIAL DEPARTMENT
EMPLOYEES HOUSE BUILDING
CO-OPERATIVE SOCIETY,
NO. 11, 1ST MAIN ROAD, 5TH CROSS,
BEHIND VARUN MOTORS,
DEFENCE COLONY,
BENGALURU - 560 073.
2. SRI. BHEEMA RAO V.,
AGED ABOUT 65 YEARS,
VICE- PRESIDENT,
KARNATAKA STATE JUDICIAL DEPARTMENT
EMPLOYEES HOUSE BUILDING
CO-OPERATIVE SOCIETY,
Digitally signed by
CHAYA S A NO.10, GANGOTHRI, 7TH 'F' MAIN ROAD,
Location: HIGH 19TH 'A' CROSS ROAD, BEHIND MURALI TAKIES,
COURT OF MUTHYALANAGARA,
KARNATAKA
BENGALURU - 560 054.
3. SRI. BASAVARAJA M.N.
AGED ABOUT 55 YEARS,
DIRECTOR,
KARNATAKA STATE JUDICIAL DEPARTMENT
EMPLOYEES HOUSE BUILDING
CO-OPERATIVE SOCIETY,
NO.47, 2ND FLOOR, N.S. IYYANAGAR STREET,
SESHADRIPURAM,
BENGALURU - 560 020.
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4. SRI. SRINIVASA N,,
AGED ABOUT 62 YEARS,
DIRECTOR,
KARNATAKA STATE JUDICIAL DEPARTMENT
EMPLOYEES HOUSE BUILDING
CO-OPERATIVE SOCIETY
NO.69, 11TH CROSS, 2ND STAGE,
NGEF LAYOUT, NAGARABHAVI,
BENGALURU - 560 072.
5. SRI. RAJU K.G.,
AGED ABOUT 62 YEARS,
DIRECTOR,
KARNATAKA STATE JUDICIAL DEPARTMENT
EMPLOYEES HOUSE BUILDING
CO-OPERATIVE SOCIETY,
NO.7, 5TH CROSS, 4TH 'B' MAIN ROAD,
CHANDANALAYOUT, SUNKADAKATTE,
BENGALURU - 560 091.
6. SRI. VENKATESH
AGED ABOUT 68 YEARS,
DIRECTOR,
KARNATAKA STATE JUDICIAL DEPARTMENT
EMPLOYEES HOUSE BUILDING
CO-OPERATIVE SOCIETY,
NO.272, NEW NO.562/3, 1ST MAIN ROAD,
1ST CROSS, H.I.G. COLONY,
RMV 2ND STAGE, DOLLARS COLONY,
BENGALURU - 560 094.
7. SRI. MANJUNATH K.S.
AGED ABOUT 58 YEARS,
DIRECTOR,
KARNATAKA STATE JUDICIAL DEPARTMENT
EMPLOYEES HOUSE BUILDING
CO-OPERATIVE SOCIETY,
NO.16, 1ST G.H. LAYOUT, 3RD BLOCK,
JAYANAGARA,
BENGALURU - 560 011.
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8. SRI. SHASHIDHAR P.G.
AGED ABOUT 46 YEARS,
DIRECTOR,
KARNATAKA STATE JUDICIAL DEPARTMENT
EMPLOYEES HOUSE BUILDING
CO-OPERATIVE SOCIETY,
NO.1034, 14TH CROSS, 9TH MAIN,
JUDICIAL LAYOUT, G.K.V.K. POST,
BENGALURU - 560 065.
9. SRI. BALAKRISHNA KUMAR B.
AGE: MAJOR,
DIRECTOR,
KARNATAKA STATE JUDICIAL DEPARTMENT
EMPLOYEES HOUSE BUILDING
CO-OPERATIVE SOCIETY,
NO.54/7, 2ND CROSS, 5TH 'B' MAIN ROAD,
N.R.I. LAYOUT, RAMAMURTHYNAGARA,
BENGALURU - 560 016.
10. SRI. YATHEESH R.
AGED ABOUT 58 YEARS,
DIRECTOR,
KARNATAKA STATE JUDICIAL DEPARTMENT
EMPLOYEES HOUSE BUILDING
CO-OPERATIVE SOCIETY,
NO.288, 17TH CROSS, 32ND MAIN,
6TH STAGE, J.P. NAGAR,
BENGALURU - 560 078.
11. SRI. HANUMANTHAPPA H.
AGED ABOUT 66 YEARS,
DIRECTOR,
KARNATAKA STATE JUDICIAL DEPARTMENT
EMPLOYEES HOUSE BUILDING
CO-OPERATIVE SOCIETY,
SHAERISTEDAR (RETD.),
NO.540, NEAR BAIP OFFICE, SHARADANAGARA,
TIPTUR TOWN,
TUMKUR DISTRICT.
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12. SMT. BHAGYA T.
AGED ABOUT 52 YEARS,
DIRECTOR,
KARNATAKA STATE JUDICIAL DEPARTMENT
EMPLOYEES HOUSE BUILDING
CO-OPERATIVE SOCIETY,
NO.119/40, SRI. LALITHA VAIBHAVA NILAYA,
SHIVU LAYOUT, BENGALURU UNIVERSITY ROAD,
MARIYAPPANA PALYA,
BENGALURU - 560 056.
...PETITIONERS
(BY SRI. ASHOK HARANAHALLI, SENIOR COUNSEL FOR
SRI. MANJUNATHA REDDY N., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION,
REP. BY ITS PRINCIPAL SECRETARY,
M.S. BUILDING,
DR. B.R.AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES
IN KARNATAKA,
NO.1, ALI ASKER ROAD,
BENGALURU - 560 052.
3. THE ADDITIONAL REGISTRAR OF
CO-OPERATIVE SOCIETIES (H AND M),
NO.1, OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES IN KARNATAKA,
ALI-ASKAR ROAD,
BENGALURU - 560 052.
4. THE KARNATAKA STATE JUDICIAL DEPARTMENT
EMPLOYEES HOUSE BUILDING CO-OPERATIVE
SOCIETY LTD.,
HAVING ITS REGISTERED OFFICE AT NO.178,
II FLOOR, CENTRAL SQUARE PLAT FORM ROAD,
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SHESHADRIPURAM,
BENGALURU - 560 020.
REP. BY ITS SECRETARY.
5. SMT. PANKAJA S.
W/O KRISHNA KUMAR.B.A.,
R/AT NO.30, 2ND CROSS,
HARIKUMAR GARDEN,
MANJUNATHANAGAR, BAGALAGUNTE,
BENGALURU - 560 073.
...RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R4;
SMT. PANKAJA S., PARTY-IN-PERSON/RESPONDENT NO.5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER BEARING NO.HSG-3/114/HHS/2024-25
DATED 01ST DECEMBER, 2025 PASSED UNDER SECTION 68 OF
THE KARNATAKA CO-OPERATIVES SOCIETIES ACT, 1959 BY
THE RESPONDENT NO.3-ADDITIONAL REGISTRAR OF CO-
OPERATIVE SOCIETIES VIDE ANNEXURE-T; QUASH THE ORDER
DATED 02ND MARCH, 2026 PASSED IN APPEAL
NO.RCS/DAP/D1/24/2025-26 BY THE RESPONDENT NO.2-
REGISTRAR OF CO-OPERATIVE SOCIETIES VIDE ANNEXURE-AE
AND CONSEQUENTLY ALLOW THE INTERIM APPLICATION FILED
BY THE PETITIONERS PENDING DISPOSAL OF THE STATUTORY
APPEAL BEFORE THE RESPONDENT NO.2; AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL ORDER
In this petition, petitioners are challenging the order
dated 01st December, 2025 (Annexure-T) passed by the
respondent No.3 under Section 68 of the Karnataka Co-
operative Societies Act, 1959 (for short, hereinafter referred to
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as 'KCS Act') and order dated 02nd March, 2026 (Annexure-AE)
passed by the respondent No.2 on interim application filed by
the petitioners for stay; inter alia sought for consideration of
the interim application filed by petitioners before the
respondent No.2 pending disposal of the statutory appeal.
2. Heard Sri. Ashok Haranahalli, learned Senior
Counsel on behalf of Sri. Manjunatha Reddy N., appearing for
petitioners; Sri. Yogesh D. Naik, learned Additional Government
Advocate appearing for respondents 1 to 3; and Smt. Pankaja
S., respondent No.5/Party-in-Person.
3. Sri. Ashok Haranahalli, learned Senior Counsel
appearing for petitioners contended that the impugned order
dated 01st December, 2025 (Annexure-T) is passed under
Section 68 of the KCS Act, wherein initiation of proceedings
under Section 69 of the KCS Act is given effect to and in that
view of the matter, in the event, if the proceedings is initiated
under Section 69 of the KCS Act, the appeal filed by the
petitioners will become infructuous. Accordingly, learned
Senior Counsel argued that the impugned order dated 02nd
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March, 2026 (Annexure-AE) passed by the respondent No.2
requires to be interfered with in the present petition.
4. Per contra, Smt. Pankaja S., respondent
No.5/Party-in-Person referred to the finding recorded in the
order dated 04th October, 2025 (Annexure-S) passed by the
Deputy Registrar of Co-operative Societies and submitted that
the return of land by the Developer in respect of construction of
the Layout has not been raised or considered in General Body
Meeting and the said finding has been recorded after
considering the material on record. Accordingly, she seeks for
dismissal of the petition.
5. Sri. Yogesh D. Naik, learned Additional Government
Advocate appearing for respondents 1 to 3 submits that the
respondent No.2, after considering the material on record, had
arrived at a conclusion that there is no infirmity in the order
passed by the respondent No.3 under Section 68 of the KCS Act
and rightly rejected the interim relief sought for by the
petitioners. Accordingly, he sought to justify the impugned
orders passed by the respondents 2 and 3.
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6. Learned Additional Government Advocate appearing
for respondents 1 to 3 also argued that the relief sought for in
the main appeal as well as in the interim application before the
respondent No.2 is one and the same. Accordingly, he sought
for dismissal of the petition.
7. In the light of submission made by learned counsel
appearing for the parties, the filing of appeal by the petitioners
before the respondent No.2 in Appeal
No.RCS/DAP/D1/24/2025-26 as per Annexure-AE is based on
the order dated 01st December, 2025 (Annexure-T) passed by
the respondent No.3 under Section 68 of the KCS Act. In that
view of the matter, in the event, if such an order is
implemented during the pendency of the appeal, the right of
statutory appeal preferred by the petitioners will not enure to
the benefit of the petitioners.
8. Therefore, in the ends of justice, respondent No.2 is
directed to complete the entire proceedings in Appeal
No.RCS/DAP/D1/24/2025-26 after affording an opportunity of
hearing to all the parties, within a period of two months from
the date of receipt of this order. It is made clear that, till the
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completion of entire proceedings before the respondent No.2 in
the aforesaid appeal, no precipitative action shall be taken
against the petitioners in terms of the impugned order dated
01st December, 2025 (Annexure-T) passed by the respondent
No.3 under Section 68 of the KCS Act. With this observation,
writ petition stands disposed of.
SD/-
(E.S.INDIRESH)
JUDGE
ARK
List No.: 1 Sl No.: 6
