MR. SRIDHAR B.S v. STATE OF KARNATAKA

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 216 OF 2025 (CS-RES) BETWEEN: MR. SRIDHAR B.S., S/O. LATE SHIVALINGAIAH, AGED ABOUT 49 YEARS, EX-DIRECTOR, SIRIVAIBHAVA SOUHARDA PATTINA SAHAKARI NIYAMITA, NO.18/19, 1ST FLOOR, MUNIRAMASWAMY BUILDING, OPP. MASALA HOTEL, UTTARAHALLI MAIN ROAD, CHIKKALASANDRA, BANGALORE – 560 061. R/AT NO.374, 9TH MAIN ROAD, OPP. GOVT. PRIMARY SCHOOL, VIJAYANAGAR, BANGALORE - 90. …PETITIONER (BY SRI. JAYAPRAKASH SHETTY B., ADVOCATE) AND:

STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. AMBEDKAR ROAD, BANGALORE - 560 001. RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:26364 WP No. 216 of 2025 HC-KAR

JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES SOUHARDA CO-OPERATIVE ARBITRATION COURT, KARNATAKA STATE SOUHARDA FEDERAL COOPERATIVE LTD., SOOUHARDA SAHAKARA SOUDHA, 17TH AND 18TH MAIN ROAD, 18TH CROSS MAIN ROAD, MALLESWARAM, BANGALORE – 560 055.

V. MANAMOHAN, S/O LATE VIJAYENDRA RAO, AGED ABOUT 76 YEARS, R/AT NO.70, C1-FLAT, 2ND MAIN, DOLLARS COLONY, JP NAGAR, 4TH PHASE, BANGALORE – 560 078.

SMT.CHANDRIKA, W/O. V. MANAMOHAN, AGED ABOUT 73 YEARS, R/AT NO.70, C1- FLAT, 2ND MAIN, DOLLARS COLONY, JP NAGAR 4TH PHASE, BANGALORE – 560 078.

SIRIVAIBHAVA SOUHARDA PATTINA SAHAKARI NIYAMITA, NO.18/19, 1ST FLOOR, MUNIRANASWAMY BUIDLING OPP. MASALA HOTEL, UTTARAHALLI MAIN ROAD, CHIKKALASANDRA, BANGALORE – 560 061. REGISTERED UNDER KARNATAKA SOUHARDHA SAHAKARI ACT – 1997. - 3 - NC: 2025:KHC:26364 WP No. 216 of 2025 HC-KAR

THE PRESIDENT-SMT. NAGAVALLI V.R., W/O. V.R. RAJESH, AGED ABOUT 47 YEARS, SIRIVAIBHAVA SOUHARDA PATTINA SAHAKARI NIYAMITA, NO.18/19, 1ST FLOOR, MUNIRAMASWAMY BUILDING, OPP. MASALA HOTEL, UTTARAHALLI MAIN ROAD, CHIKKALASANDRA, BANGALORE – 560 061.

THE CEO - SRI. RAJESH V.R., S/O. V. RAMAMURTHY, AGED ABOUT 50 YEARS, SIRIVAIBHAVA SOUHARDA PATTINA SAHAKARI NIYAMITA, NO.18/19, 1ST FLOOR, MUNIRAMASWAMY BUILDING, OPP. MASALA HOTEL, UTTARAHALLI MAIN ROAD, CHIKKALASANDRA, BANGALORE – 560 061. …RESPONDENTS (BY SRI.C.N.DHARANISH, SRI.ADITYA CHATTERJEE AND SMT.SOWMYA NAIR, ADVOCATES FOR R3 AND R4; SRI.YOGESH D NAIK, AGA FOR R1 & R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING THE IMPUGNED ORDER PASSED IN DISPUTE-NO.DRD/KAM RA SOU SAM SA NI/783/2022-23 DATED 27.03.2023 BY THE R-2 ANNEXURE – E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:26364 WP No. 216 of 2025 HC-KAR CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs: a) b) c) d) Call for the records which ultimately resulted in passing the impugned order passed in Dispute No.DRD /PÀ: gÁ ¸Ë ¸ÀA ¸À ¤/783/2022-23 dated 27.03.2023 by the 2nd respondent - Annexure-E. Issue an order, direction or writ in the nature of certiorari quashing impugned order passed in Dispute No.DRD//PÀ: gÁ ¸Ë ¸ÀA ¸À ¤/783/2022-23 dated 27.03.2023 by the 2nd respondent - Annexure-E. Declare that the dispute raised under Section 39 of the Karnataka Souharda Sahakari Act, 1997 by respondents no.3 & 4, is illegal, without jurisdiction. Issue such other relief/as this Hon'ble Court may deem fit, in the facts and circumstances of the case, to meet the ends of justice.

2. What is challenged is an award passed in a dispute raised by Respondent Nos.3 & 4 under Section 39 of the Karnataka Souharda Sahakari Act, 1997. The petitioner has an alternative and efficacious remedy in terms of the appeal before the Karnataka Administrative Tribunal as held by a Co-ordinate Bench of this Court in its order dated - 5 - NC: 2025:KHC:26364 WP No. 216 of 2025 HC-KAR

13.01.2025 in W.P.No.34597 of 2024. Reserving such liberty to the petitioner, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE DH List No.: 1 Sl No.: 55 CT: BHK