[Cites 2, Cited by 0]
Karnataka High Court
Prakash Siddappa Katarki vs State Of Karnataka on 5 May, 2026
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
-1-
NC: 2026:KHC-D:6499
WP No. 103771 of 2026
C/W WP No. 103773 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
AT DHARWAD
DATED THIS THE 5TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
WRIT PETITION NO.103771 OF 2026 (CS-RES)
C/W
WRIT PETITION NO.103773 OF 2026 (CS-RES)
IN WP NO. 103771/2026:
BETWEEN:
SANGAMESHWAR
S/O GANGADHAR HULAMANI,
AGE. 63 YEARS, OCC. ADVOCATE,
R/O.PLOT NO.27,
SANGAMESHWAR NAGAR,
AZAM NAGAR,
BELAGAVI-590010.
...PETITIONER
(BY SMT.RUKMINI PATIL, ADVOCATE FOR
SRI SRINIVAS NAIK, ADVOCATE (VC)
CHANDRASHEKAR
LAXMAN
KATTIMANI
AND:
Digitally signed by
CHANDRASHEKAR LAXMAN
KATTIMANI
1. THE STATE OF KARNATAKA,
Location: High Court of
Karnataka, Dharwad Bench
Date: 2026.05.05 16:48:20
+0545
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF COOPERATIVE,
VIDHANA SOUDHA,
BENGALURU-01.
2. THE REGIONAL MANAGER,
KARNATAKA STATE SOUHARDA
FEDERAL CO-OPERATIVE LIMITED,
AUTO NAGAR, BELAGAVI-16.
3. JOINT REGISTER OF CO-OPERATIVE SOCIETY,
BELAGAVI DIVISION,
BELAGAVI-59001.
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WP No. 103771 of 2026
C/W WP No. 103773 of 2026
HC-KAR
4. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETY,
BELAGAVI,
DISTRICT BELAGAVI-590001.
5. THE ASSISTANT REGISTER OF
CO-OPERATIVE SOCIETY,
SUB DIVISION BELAGAVI,
BELAGAVI-590001.
6. HIMALAYA CREDIT SOUHARDA,
SAHAKARI NIYAMIT,
REPRESENTED BY CHIEF EXECUTIVE OFFICER,
BELAGAVI-590001.
...RESPONDENTS
(BY SMT.NANDINI B. SOMAPUR, AGA FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN A
NATURE OF CERTIORARI AND QUASH THE IMPUGNED NOTICE
DATED 27.04.2026 BEARING NO.¸ÀA¸À/¨É«PÀ/±Á.«/©fJA-0293/2026-27/68
ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-H INSOFAR AS
PETITIONER CONCERN IN THE INTEREST OF JUSTICE AND EQUITY &
ETC.
IN WP NO. 103773/2026:
BETWEEN:
PRAKASH SIDDAPPA KATARKI,
AGE. 63 YEARS, OCC. ADVOCATE,
R/O CTS NO.7227, SECTOR NO.10,
ANJANEYA NAGAR,
MM EXTENSION, BELAGAVI-16.
...PETITIONER
(BY SMT. RUKMINI PATIL, ADVOCATE FOR
SRI SRINIVAS B. NAIK, ADVOCATE (VC)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF COOPERATIVE,
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WP No. 103771 of 2026
C/W WP No. 103773 of 2026
HC-KAR
VIDHANA SOUDHA,
BENGALURU-01.
2. THE REGIONAL MANAGER,
KARNATAKA STATE SOUHARDA
FEDERAL CO-OPERATIVE
LIMITED, AUTO NAGAR,
BELAGAVI-16.
3. JOINT REGISTER OF CO-OPERATIVE SOCIETY,
BELAGAVI DIVISION, BELAGAVI-590001.
4. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETY,
BELAGAVI,
DISTRICT BELAGAVI-590001.
5. THE ASSISTANT REGISTER OF
CO-OPERATIVE SOCIETY,
SUB DIVISION BELAGAVI,
BELAGAVI-590001.
6. HIMALAYA CREDIT SOUHARDA,
SAHAKARI NIYAMIT,
REPRESENTED BY CHIEF EXECUTIVE OFFICER,
BELAGAVI-590001.
...RESPONDENTS
(BY SMT.NANDINI B. SOMAPUR, AGA FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT IN A NATURE OF CERTIORARI AND QUASH THE IMPUGNED
NOTICE DATED 27.04.2026 BEARING NO.¸ÀA¸À/¨É«PÀ/±Á.«/©fJA-
0293/2026-27/68 ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-H
INSOFAR AS PETITIONER CONCERN IN THE INTEREST OF
JUSTICE AND EQUITY & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V.HOSMANI
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NC: 2026:KHC-D:6499
WP No. 103771 of 2026
C/W WP No. 103773 of 2026
HC-KAR
ORAL ORDER
Heard Smt.Rukmini Patil appearing for Sri Srinivas Naik,
learned counsel for petitioners in both writ petitions submitted
that petitioners are aggrieved by notice issued by respondent
no.2 calling upon them to appear for enquiry.
2. It was submitted that petitioner in WP
no.103771/2026 Sri Sangameshwar Gangadhar Hulamani an
advocate, was member of respondent no.6-society and elected
to Board of Management in year 2017 for term expiring in
2022. However, on noticing misgivings in affairs of society
attributable to Smt.Sangeeta Patil, President in-charge of day
today affairs of society, petitioner tendered resignation to his
post of Secretary and Directorship of society as per Annexure-
B. It was submitted, said resignation would be deemed
accepted on lapse of 15 days from date of notice. In view of
above, resignation having been deemed accepted, issuance of
notice to petitioner, calling upon him to furnish explanation
about mismanagement in affairs of society; for not having
accounts of society audited and failure to hold elections etc., for
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HC-KAR
period after resignation of petitioner would be illegal and
therefore sought for quashing.
3. Similar submissions were made in case of petitioner
in WP no.103773/2016-Prakash Siddappa Katarki, who
tendered resignation as per Annexure-B, dated 09.12.2020.
4. Smt.Nandini, learned AGA appearing for
respondents no.1 to 5, on other hand would oppose writ
petitions. It was submitted that notices impugned cannot be
stated to be notices of a formal enquiry, but appear to be of a
preliminary enquiry. It was submitted, petitioners having not
disputed that they were members/office bearers of 6th
respondent society, would have knowledge about affairs of
society and require to appear before respondent no.2 to furnish
information. Notices would be valid to this extent and
submitted that same would not warrant interference.
5. Heard learned counsel and perused writ petition
record.
6. In view of submission by learned AGA that notices
impugned were notices of preliminary enquiry and not formal
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HC-KAR
enquiry or proceedings against petitioners, petitioners'
grievance against same would be ill-founded, even if it be
admitted that they had tendered resignation. In case,
petitioners were not in office from date of resignation, all that
petitioners would be required to do is to appear before
respondent no.2 and offer such explanation. And in case, they
are privy to information about irregularities in affairs of society
during their tenure to disclose same to authority. Since notices
do not contemplate any coercive action against petitioners,
same would not warrant interference.
In view of above, writ petitions are disposed of with
observations as above.
Sd/-
(RAVI V.HOSMANI)
JUDGE
EM
CT:VP
LIST NO.: 1 SL NO.: 17
