THADIKAVAGILU MILK PRODUCERS CO-OPERATIVE SOCIETY LTD vs THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:62595
WP No. 32296 of 2026
CNR: KAHC010711042026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 32296 OF 2026 (CS-RES)
BETWEEN:
THADIKAVAGILU MILK PRODUCERS
CO-OPERATIVE SOCIETY LTD.,
TADIKAVAGILU VILLAGE,
JALAMANGALA POST,
KOTGAL HOBLI,
RAMANAGARA - 562159.
REPRESENTED BY ITS TEMPORARY SECRETARY
SRI. GIRISH T.R.,
REGISTERED UNDER KARNATAKA
CO-OPERATIVE SOCIETY ACT, 1959.
…PETITIONER
(BY SRI. VEERESH MAHESH UPPIN, ADVOCATE)
AND:
1. THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETY,
RAMANAGARA SUB-DIVISION,
RAMANAGARA - 562159.
2. SRI. DHANANJAY,
S/O LATE T.VENKATAKRISHNAYYA,
THADIKAVAGILU VILLAGE,
JALAMANGALA POST,
KOTGAL - 562159.
…RESPONDENTS
(BY SRI. YOGESH D.NAIK, AGA FOR R1;
SRI. JAI PRAKASH REDDY M., ADVOCATE FOR R2)
Digitally signed by
PREMCHANDRA
M R
Location: HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC:62595
WP No. 32296 of 2026
CNR: KAHC010711042026
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Sri. Veeresh Mahesh Uppin, counsel for the
petitioner, and Sri. Yogesh D. Naik, Additional Government
Advocate for respondent No. 1, appeared in person.
Sri. Jai Prakash Reddy.M., counsel for respondent No.
2, appeared via video conferencing.
2. The petition is filed seeking the following
reliefs:
"a. Set aside the Order dated 13.07.2026 in SaNi
Raa-46/Dispute/31/2019-20 passed by the
Respondent No.1 (ANNEXURE-N)
b. Allow the application filed under Section 29G(2)
by the Petitioner in SaNiRaa-46/Dispute/31/2019-
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HC-KAR
NC: 2026:KHC:62595
WP No. 32296 of 2026
CNR: KAHC010711042026
20 pending on the file of the Respondent No.
(ANNEXURE-J)
c. Allow the application filed under seeking to
recall P.W.1 for cross-examination filed by the
Petitioner in SaNiRaa-46/Dispute/31/2019-20
pending before the Respondent No.1 (ANNEXURE-
K)
d. Allow this Writ Petition
e. Pass any other orders this Hon'ble Court deems
fit."
3. Counsel for the petitioner submits that the
petitioner is not pressing prayer No. b.
The oral submission regarding non-pressing of prayer
No. b is placed on record.
4. For convenience, the parties shall be referred to
as per their status and ranking before the ARCS.
5. The key facts are as follows:
Mr. T.V. Dhananjaya raised a dispute, No. 34/2019-
20, against Thadikavagilu Milk Producers Co-operative
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HC-KAR
NC: 2026:KHC:62595
WP No. 32296 of 2026
CNR: KAHC010711042026
Society Limited and others. While the proceedings were
pending before the ARCS, the dispute was set down for
evidence. When the case was called on 24.03.2026, the
first respondent was absent, but the junior counsel
representing the respondent was present. The junior
counsel informed the officer that the senior counsel was
unwell and sought time to cross-examine PW1. The ARCS
rejected the request and recorded in the order sheet dated
24.03.2026 that the cross-examination of PW1 was nil. On
06.04.2026, the first respondent filed an application to
cross-examine PW1. The dispute was listed at intervals,
and when the case was called on 13.07.2026, both the
first respondent and counsel appearing on the
respondent’s behalf were absent. The ARCS rejected the
application. In these circumstances, the petitioner has
approached this Court seeking an opportunity to cross-
examine PW1.
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HC-KAR
NC: 2026:KHC:62595
WP No. 32296 of 2026
CNR: KAHC010711042026
6. Counsel for the respective parties advanced
several contentions. The arguments were heard, and the
papers were carefully perused.
7. The issue is a narrow one: the request to cross-
examine PW1 was declined. The order sheet relating to the
dispute is annexed to the writ petition. It records that, on
24.03.2026, junior counsel for the first respondent
informed the ARCS that senior counsel was unwell and
unable to cross-examine PW1, and sought time for that
purpose. The ARCS nevertheless declined the request and
recorded that the cross-examination of PW1 was Nil. An
application seeking permission to cross-examine PW1 was
subsequently filed and rejected on 13.07.2026. The order
sheet for that date records no reason for the rejection.
In this Court’s considered opinion, the ARCS ought to
have given considerable weight to the junior counsel’s
submission regarding the senior counsel’s illness and
granted time to cross-examine PW1. Although the first
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WP No. 32296 of 2026
CNR: KAHC010711042026
respondent did not specifically plead or pray for the order
dated 24.03.2026 to be set aside, an attempt was made to
cross-examine PW1.
8. Considering the peculiar facts and
circumstances of the case, particularly the senior counsel’s
illness, this Court deems it appropriate to grant the first
respondent one final opportunity to cross-examine PW1.
Accordingly, the ARCS is directed to recall the orders
dated 24.03.2026 and 13.07.2026 and grant the first
respondent that opportunity.
Counsel appearing for the respective parties jointly
submits that the dispute is listed for 18.11.2026. Taking
note of the submission, this Court directs the ARCS to
permit counsel for respondent No. 1 to cross-examine
PW1. The parties to the dispute shall be present on the
date specified and proceed with the matter without
seeking unnecessary adjournment. If the first respondent
fails to comply with this order, the ARCS shall proceed
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NC: 2026:KHC:62595
WP No. 32296 of 2026
CNR: KAHC010711042026
with the matter and dispose of the dispute as
expeditiously as possible.
9. The writ of certiorari is ordered. The orders
dated 24.03.2026 and 13.07.2026 (Annexure-N) are
quashed.
allowed
10. Resultantly, the writ petition is .
On disposal of the Writ Petition, any interim order
stands discharged, and any pending interlocutory
applications, if any, are disposed of.
Sd/-
(JYOTI M)
JUDGE
CH
List No.: 2 Sl No.: 34