Full Judgment Text
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NC: 2026:KHC:9806-DB
WA No. 1379 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 17 DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO. 1379 OF 2025 (CS-RES)
BETWEEN:
1. MR. SRIDHAR B S
S/O LATE SHIVALINGAIAH,
AGED ABOUT 49 YEARS,
EX DIRECTOR,
SIRIVAIBHAVA SOUHARDA PATTINA
SAHAKARI NIYAMITA,
ST
NO.18/19, 1 FLOOR,
MUNIRAMASWAMY BUILDING,
OPP MASALA HOTEL,
UTTARAHALLI MAIN ROAD,
CHIKKALASANDRA,
BANGALORE-560061
TH
R/AT NO.374, 9 MAIN ROAD,
OPP GOVT PRIMARY SCHOOL,
VIJAYANAGAR, BANGALORE-90.
…APPELLANT
(BY SRI. JAYAPRAKASH SHETTY B., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION,
M.S.BUILDING,
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
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NC: 2026:KHC:9806-DB
WA No. 1379 of 2025
HC-KAR
DR. AMBEDKAR ROAD,
BANGALORE-560001
2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
SOUHARDA CO-OPERATIVE ARBITRATION COURT,
KARNATAKA STATE SOUHARDA
FEDERAL CO OPERATIVE LTD.,
SOUHARDA SAHAKARA SOUDHA,
TH TH
17 AND 18 MAIN ROAD,
TH
18 CROSS MAIN ROAD, MALLESHWARAM,
BANGALORE-560055
3. V MANAMOHAN
S/O LATE VIJAYENDRA RAO,
AGED ABOUT 76 YEARS,
R/AT NO.70, C1-FLAT,
ND
2 MAIN, DOLLARS COLONY,
TH
JP NAGAR, 4 PHASE,
BANGALORE-560078
4. SMT. CHANDRIKA
W/O V MANAMOHAN,
AGED ABOUT 73 YEARS,
R/AT NO.70, C1-FLAT,
ND
2 MAIN, DOLLARS COLONY,
TH
JP NAGAR, 4 PHASE,
BANGALORE-560078
5. SIRIVAIBHAVA SOUHARDA PATTINA
SAHAKARI NIYAMITA
ST
NO.18/19, 1 FLOOR,
MUNIRAMASWAMY BUILDING,
OPP MASALA HOTEL,
UTTARAHALLI MAIN ROAD,
CHIKKALASANDA,
BANGALORE-560061
6. THE PRESIDENT SMT NAGAVALLI V R
W/O V R RAJESH,
AGED ABOUT 47 YEARS,
SIRIVAIBHAVA SOUHARDA PATTINA
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NC: 2026:KHC:9806-DB
WA No. 1379 of 2025
HC-KAR
SAHAKARI NIYAMITA,
ST
NO.18/19, 1 FLOOR,
MUNIRAMASWAMY BUILDING,
OPP MASALA HOTEL,
UTTARAHALLI MAIN ROAD,
CHIKKALASANDA,
BANGALORE-560061
7. THE CEO-SRI RAJESH V R
S/O V RAMAMURTHY,
AGED ABOUT 50 YEARS,
SIRIVAIBHAVA SOUHARDA PATTINA
SAHAKARI NIYAMITA,
ST
NO.18/19, 1 FLOOR,
MUNIRAMASWAMY BUILDING,
OPP MASALA HOTEL,
UTTARAHALLI MAIN ROAD,
CHIKKALASANDA,
BANGALORE-560061
…RESPONDENTS
(BY SRI K.S.HARISH, GOVT. ADVOCATE FOR R1 & R2)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS,
WHICH ULTIMATELY RESULTED IN PASSING THE IMPUGNED
ORDER IN WP NO.216/2025 DATED 10/07/2025 AND SET
ASIDE THE ORDER DATED 10/07/2025 PASSED IN WP
NO.216/2025 BY THE LEARNED SINGLE JUDGE OF THIS
HONBLE COURT AND CONSEQUENTLY ALLOW THE WP
NO.216/2025 FILED BY THE APPELLANT BY SETTING ASIDE
THE ORDER DATED 27/03/2023 PASSED IN DISPUTE
NO.DRD/KAM RA SOU SAM SA NI/783/2022-23 BY THE 2ND
RESPONDENT VIDE ANNEXURE-E
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2026:KHC:9806-DB
WA No. 1379 of 2025
HC-KAR
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. The appellant has filed the present appeal, impugning an
order dated 10.07.2025 passed by the learned Single Judge of
this Court in W.P.No.216/2025 (GM-RES).
2. By the impugned order, the learned Single Judge has
declined to entertain the writ petition on the ground that the
appellant has an alternative and efficacious remedy of appeal
before the Karnataka Appellate Tribunal.
3. The learned counsel for the appellant submits that
although a statutory appeal against the order impugned in the
writ petition (order dated 27.03.2023 passed by the Joint
Registrar of Co-operative Societies) is maintainable, the same
is not efficacious. He submits that the cause of action had
arisen after the appellant had resigned and therefore, he
cannot be held liable for the consequences.
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WA No. 1379 of 2025
HC-KAR
4. We are unable to accept that the statutory remedy of
appeal is not an efficacious remedy.
5. Accordingly, the appeal is dismissed.
6. However, we consider it apposite to direct that if the
appellant avails of his alternate remedy of appeal within a
period of two weeks from date, the same would be considered
uninfluenced by the question of delay.
7. The pending interlocutory application also stand disposed
of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
VM
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