Full Judgment Text
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NC: 2026:KHC:9572
WP No. 2726 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 2726 OF 2026 (CS-RES)
BETWEEN:
THE TALUKA AGRICULTURAL CO-OPERATIVE
MARKETING SOCIETY LIMITED,
BENGALURU NORTH TALUK,
NO.F-817/1,
ST
BHARAT NAGARA, 1 PHASE,
BEL LAYOUT, MAGADI ROAD,
BENGALURU-560 091.
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
…PETITIONER
(BY SRI. GEORGE ANTHONY CRUZE.,ADVOCATE AND
SRI.C.MUDALAGIRIYAPPA.,ADVOCATE)
AND:
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
1.
THE STATE OF KARNATAKA
BY IT'S THE REGISTRAR OF CO-OPERATIVE
SOCIETIES IN KARNATKA,
NO.1, ALI ASKAR ROAD,
BENGALURU-560 052.
2. THE DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES,
TH
BENGALURU 4 CIRCLE, NO.146,
TH
8 CROSS, SAHAKARA BHAVAN,
MARGOSA ROAD, MALLESWARAM,
BENGALURU-560 003.
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3. SRI. VIJAY KUMAR. H,
S/O. HANUMANTHARAYAPPA,
AGED ABOUT 48 YEARS,
R/AT.NO.248/2,
TH
12 CROSS,
SHIVANANDNAGARA,
HEGGANAHALLI,
BENGALURU NORTH TALUK,
BENGALURU-560 091.
4. SRI. NAGESHKUMAR. S
S/O. SUBBAIAH. M,
AGED ABOUT 42 YEARS,
R/AT NO.114,
RD
3 CROSS ROAD,
HEROHALLI VILLAGE,
VISHWANEEDAM POST,
MAGADI MAIN ROAD,
YESHANTHPURA HOBLI,
BENGLAURU NORTH TALUK,
BENGALURU URBAN DISTRICT,
BENGALURU-560091
…RESPONDENTS
(BY SRI.YOGESH.D.NAIK.,AGA FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RELEVANT RECORDS PENDING ON THE FILE OF RESPONDENT
NO.2 PERTAINING TO RTI INFORMATION SOUGHT BY
RESPONDENT NO.3 AND 4 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
1. The petitioner filed this petition seeking for the
following reliefs:
"(i) Call for relevant records pending on the file
of Respondent No.2 pertaining to RTI information
sought by Respondent No.3 and 4.
(ii) Issue a writ in the nature of writ of
CERITORARI by quashing the impugned notice issued
th
by Deputy Registrar Co-operative Socierties-4 Circle
- Respondent No.2 dated 10/12/2025 bearing
No.DRB-4/TAPCMS/03/2025 vide Annexure-F.
(iii) Issue further direction to the learned
th
Deputy Registrar Co-operative Societies-4 Circle -
Respondent No.2 to dispose of the further
proceedings in pursuant of the notice bearing
No.DRB-4/TAPCMS/03/2025 vide Annexure-F dated
10/12/2025.
(iv) Issue any other order, direction as deemed
just in the circumstances in the probabilities of the
case and the same may be kindly consider in the
interest of justice and equity."
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2. Brief facts, leading rise to the filing of this petition
are as follows:
Respondent Nos.3 and 4 are non-members in the
petitioner's Society filed an application seeking information
under Section 61 of the Right to Information Act, 2005
(for short 'the RTI Act'). The endorsement was issued to
them is also challenged by them before the Information
Commissioner. The application was rejected in limine and
the respondents filed an application before respondent
No.2-DRCS. Respondent No.2 has issued a notice and
commenced the proceedings. It is contented that
respondent No.2 has no jurisdiction to entertain the
petition in view of the order passed by the Apex Court and
this Court. Hence, the petitioner seeks the due
intervention of this Court to quash the impugned notice
dated 10.12.2025 and proceedings pending before
respondent No.2-DRCS.
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3. Heard the arguments of the learned counsel for
the petitioner and learned Addl. Government Advocate for
respondent Nos.1 and 2.
4. Learned counsel for the petitioner submits that
the RTI Act is not applicable to the petitioner-Society. It is
submitted that respondent Nos.3 and 4 are not the
members of the petitioner-Society. To address his
arguments, he has placed a reliance on the decision of the
Co-ordinate Bench of this Court in Writ Petition
No.7407/2006 (GM-RES) and connected matters, disposed
of on 09.02.2009. It is submitted that respondent No.2
has no jurisdiction to entertain the proceedings initiated by
respondent Nos.3 and 4. Hence, the notice issued by
respondent No.2 is arbitrary, and erroneous. Hence, on
these grounds, he pays to allow the petition.
Per contra
5. , learned Addl. Government Advocate
for respondent Nos.1 and 2 submits that the impugned
notice is only a notice for appearance before respondent
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No.2. He submits that, the petitioner can appear before
respondent No.2 and can place reliance on the order
passed by the Co-ordinate Bench of this Court in
W.P.No.7407/2006 and connected matters. Hence, on this
ground, he prays to dismiss the petition.
6. Perused the records and considered the
submissions of the learned counsel for the parties.
7. Admittedly, the petitioner's Society is a registered
Society under Section 7 of the Karnataka Co-operative
Societies Act, 1959. Respondent Nos.3 and 4 filed an
application seeking information of the petitioner-Society
under Section 61 of the RTI Act before the Information
Commissioner. The said application was rejected by the
Information Commissioner. Aggrieved by the said order,
respondent Nos.3 and 4 approached respondent No.2 by
filing an appeal. Thereafter, respondent No.2 issued a
notice dated 10.12.2025 calling upon the petitioner to
appear before respondent No.2 on 23.01.2026. The
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petitioner instead of appearing before respondent No.2,
filed this petition. The petitioner-Soceity could have
appeared before respondent No.2, and could have filed
objections contending that the RTI Act is not applicable to
the petitioner-Society. By the impugned notice,
respondent No.2 directed the petitioner to appear before
respondent No.2 on 23.01.2026. Already the date fixed for
appearance is over, and respondent No.2 issued only a
notice for appearance and no adverse orders have been
passed by respondent No.2. The petition filed by the
petitioner is premature. Hence, I do not find any grounds
to entertain the writ petition.
8. Accordingly, I proceed to pass the following:
ORDER
dismissed
i) The petition is .
ii) A liberty is reserved to the petitioner to
approach respondent No.2 by filing the
objection/representation and also can place
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reliance on the order passed by the
Co-ordinate Bench of this Court in
W.P.No.7407/2006 within a period of
fifteen(15) days from the date of receipt of
the certified copy of this order.
iii) If such representation/objection is filed by
the petitioner, respondent No.2 shall hear
both parties, consider the
objection/representation and pass
appropriate orders in accordance with law
within a period of one(1) month from the
date of filing of objection/representation.
iv) Pending applications, if any, stands
disposed of.
Sd/-
(ASHOK S.KINAGI)
JUDGE
PHM
List No.: 2 Sl No.: 25