Writ Appeal No. 253 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:10582-DB WA No. 253 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT APPEAL NO. 253 OF 2024 (CS-EL/M) BETWEEN: 1. SRI.T. SAMPATH KUMARACHAR, S/O SRI.PUROHIT NARAYAN IYENGAR, AGED ABOUT 45 YEARS, 2. SRI. SHIVANNA SHETTY, S/O SRI.NILAKANTA SHETTY, AGED ABOUT 58 YEARS, Digitally signed by K G RENUKAMBA Location: High Court of Karnataka 3. SRI.D.K.RAMEGOWDA, S/O SRI.DOLLEGOWDA, AGED ABOUT 54 YEARS, 4. SRI J NAGANNAGOWDA, S/O JOGIGOWDA, AGED ABOUT 44 YEARS,
Legal Reasoning
5. SRI. CHALUVEGOWDA S/O NARASEGOWDA, AGED ABOUT 52 YEARS, 6. SRI K B NARASHIME GOWDA, S/O BETTEGOWDA, AGED ABOUT 57 YEARS, - 2 - NC: 2025:KHC:10582-DB WA No. 253 of 2024 7. SMT JAYAMMA, W/O. K. B. NARASHIME GOWDA, AGED ABOUT 55 YEARS, 8. SRI M SOMASHEKAR, S/O. M. S. MALLASHETTY AGED ABOUT 64 YEARS, 9. SRI. VARADARAJU, S/O NARASHIMEGOWDA @ BETTEGOWDA, AGED ABOUT 44 YEARS, 10. SRI.S.N.PUTTASWAMY, S/O NARASHIMEGOWDA @ PAPEGOWDA AGED ABOUT 54 YEARS, 11. SMT BETTAMMA, W/O SANNEGOWDA, AGED ABOUT 61 YEARS, 12. SRI K.S.KRISHNA IYENGAR, S/O KARAGAM SHESHA IYENGAR, AGED ABOUT 61 YEARS, 13. SRI M.MAHESH, S/O M. MARIYAPPA, AGED ABOUT 40 YEARS, 14. SRI J.SHIVANNA, S/O JOGIGOWDA, AGED ABOUT 53 YEARS, - 3 - NC: 2025:KHC:10582-DB WA No. 253 of 2024 15. SMT DEVAMMA, W/O KODANDA RAMEGOWDA, AGED ABOUT 65 YEARS 16. SRI .M.N.P.RATHNAM, S/O S NAGARAJU, AGED ABOUT 51 YEARS, 17. SRI .S. PARTHASARATHY, S/O S SAMPATHU, AGED ABOUT 55 YEARS, 18. SRI.M.S. KANNAN, S/O S. SAMPATHU, AGED ABOUT 40 YEARS 19. SMT. M LAKSHMAMMA, W/O KRISHNEGOWDA, AGED ABOUT 59 YEARS, 20. SMT LATHA, W/O M.V. NAGESH, AGED ABOUT 59 YEARS, 21. SMT GOWRAMMA, W/O VENKATESH, AGED ABOUT 52 YEARS, 22. SMT PUTTAMMA, W/O K.BAIREGOWDA, AGED ABOUT 52 YEARS, 23. SRI G SHEKARA, S/O GURUVEGOWDA, AGED ABOUT 65 YEARS, - 4 - NC: 2025:KHC:10582-DB WA No. 253 of 2024 24. SRI K .S. THIRUVENGADACHAR, S/O. K. T. SUDARSHAN NARASHIMACHAR, AGED ABOUT 52 YEARS, 25. SMT SAVITHRAMMA, W/O C. SINGEGOWDA, AGED ABOUT 41 YEARS, 26. SMT LAKSHMAMMA, W/O RAJEGOWDA, AGED ABOUT 52 YEARS, 27. SRI BORALINGEGOWDA, S/O BASAVEGOWDA, AGED ABOUT 42 YEARS, 28. SMT SAKAMMA, W/O BASAVEGOWDA, AGED ABOUT 56 YEARS, 29. SRI L SHANKAR, S/O LINGASHETTY, AGED ABOUT 44 YEARS, 30. SRI M S ANANTHARAMA SHETTY, S/O M.P. SRINIVASA SHETTY, AGED ABOUT 52 YEARS, 31. SRI CHIKKARAMA, S/O KARIGOWDA, AGED ABOUT 52 YEARS, 32. SMT MANJULA, W/O SHIVANNA, AGED ABOUT 41 YEARS, - 5 - NC: 2025:KHC:10582-DB WA No. 253 of 2024 33. SRI S CHALUVANARAYANA, S/O C. SINGRIGOWDA, AGED ABOUT 67 YEARS, 34. SMT DEVAMMA, W/O. JAVAREGOWDA, AGED ABOUT 44 YEARS, 35. SRI M B SHIVAKUMAR, S/O K. BAIREGOWDA, AGED ABOUT 52 YEARS, 36. SRI M B NAGESH, S/O K. BAIREGOWDA, AGED ABOUT 49 YEARS, 37. SRI PANDURANGA, S/O GURUVEGOWDA, AGED ABOUT 61 YEARS, 38. SRI N VIJAYA RAJU, S/O NARASHIMASHETTY, AGED ABOUT 61 YEARS, 39. SRI NARSHIMEGOWDA, S/O KARIGOWDA, AGED ABOUT 47 YEARS, 40. SRI M T MANU, S/O M. THAMMANNA GOWDA, AGED ABOUT 48 YEARS, 41. SRI.M.N. BASAVARAJU, S/O NAGEGOWDA, AGED ABOUT 56 YEARS, - 6 - NC: 2025:KHC:10582-DB WA No. 253 of 2024 42. SRI.K.S. SAMPATH KUMAR, S/O K.T. SUDARSHAN NARASHIMACHAR, AGED ABOUT 43 YEARS, 43. SRI M J YOGANNA, S/O LATE JAVARASHETTY, AGED ABOUT 48 YEARS, 44. SRI M B GANGADHAR, S/O BASAVEGOWDA, AGED ABOUT 52 YEARS, 45. SRI S N SRIRAMAN, S/O STANIKAM NARASHIMACHAR, AGED ABOUT 54 YEARS, 46. SRI M.R. DARSHAN, S/O P. RAMASHETTY, AGED ABOUT 58 YEARS, 47. SRI PARTHA R, S/O RAMEGOWDA, AGED ABOUT 52 YEARS, 48. SRI K NARAYAN, S/O KRISHNASHETTY, AGED ABOUT 49 YEARS, 49. SRI M S LOHITH, S/O L. SHANKAR, AGED ABOUT 35 YEARS, 50. SMT. S.N. ANURADHA, W/O STANIKAM NAGARAJU IYENGAR, AGED ABOUT 52 YEARS, - 7 - NC: 2025:KHC:10582-DB WA No. 253 of 2024 51. SRI M .P. LOKESH, S/O S.N. PUTTASWAMY, AGED ABOUT 42 YEARS, 52. SRI G RAMESH, S/O LATE GURUDEVA, AGED ABOUT 68 YEARS, 53. SRI.M.S. GURURAJU, S/O SHEKARA, AGED ABOUT 47 YEARS, 54. SRI RAJU, S/O YALAKKI SANNEGOWDA, AGED ABOUT 57 YEARS, 55. SRI M S NANDISH, S/O H. NARASHIMEGOWDA, AGED ABOUT 50 YEARS, 56. SRI M S MANJUNATH, S/O SHIVANNA, AGED ABOUT 45 YEARS, 57. SRI M S RAVI, S/O SHIVANNA, AGED ABOUT 42 YEARS, 58. SRI B JAYARAMU, S/O BETTEGOWDA, AGED ABOUT 48 YEARS, 59. SRI M R YOGANAND, S/O RAJU, AGED ABOUT 50 YEARS, - 8 - NC: 2025:KHC:10582-DB WA No. 253 of 2024 60. SMT YASHODA, W/O NINGEGOWDA,, AGED ABOUT 33 YEARS, 61. SRI M MADEGOWDA, S/O MAYANNAGOWDA, AGED ABOUT 48 YEARS, 62. SMT VASANTHA, W/O M.V. MAYANNAGOWDA, AGED ABOUT 53 YEARS, 63. SRI GURUSWAMY, S/O LATE KENCHEGOWDA, AGED ABOUT 57 YEARS, 64. SRI B KISHOR, S/O LATE BETTEGOWDA, AGED ABOUT 52 YEARS, 65. SRI H MADHUSUDHAN, S/O SRI HONNEGOWDA, AGED ABOUT 64 YEARS, 66. SRI M MAHESH, S/O SRI M MADEGOWDA, AGED ABOUT 58 YEARS, 67. SRI C EREGOWDA, S/O LATE CHANNAVEEREGOWDA, AGED ABOUT 48 YEARS, 68. SRI N SRIDHARA, S/O SRI NARASHIMAIAH, AGED ABOUT 57 YEARS, - 9 - NC: 2025:KHC:10582-DB WA No. 253 of 2024 69. SRI N CHANDRASHEKAR, S/O J NAGANNAGOWDA, AGED ABOUT 52 YEARS, 70. SRI M K SATHISH S/O KARIGOWDA, AGED ABOUT 43 YEARS, 71. SRI M P MOHAN, S/O S N PUTTASWAMY, AGED ABOUT 39 YEARS, 72. SMT SANNAMMA, W/O RAMEGOWDA, AGED ABOUT 49 YEARS, 73. SRI M V SOMEGOWDA, S/O VENKATEGOWDA, AGED ABOUT 46 YEARS, 74. SRI C NAGENDRA, S/O CHIKKARAMEGOWDA, AGED ABOUT 42 YEARS, 75. SRI BAIREGOWDA, S/O JAVAREGOWDA, AGED ABOUT 29 YEARS, 76. SMT C K APOORVA, W/O M B VIJAY, AGED ABOUT 38 YEARS, 77. SRI M V SANJAY, S/O C VENKATESH, AGED ABOUT 54 YEARS, - 10 - NC: 2025:KHC:10582-DB WA No. 253 of 2024 78. SMT DEVAMMA, W/O LOKESH, AGED ABOUT 59 YEARS, 79. SRI B RAVI, S/O K BAIREGOWDA, AGED ABOUT 42 YEARS, 80. SRI M R GOPAL, S/O M RAJU, AGED ABOUT 52 YEARS, 81. SRI K L YASHWANTHASHIMHA, S/O K S LAKSHMINARASHIMA, AGED ABOUT 29 YEARS, 82. SRI N ABHILASH, S/O NARASIMHASHETTY, AGED ABOUT 32 YEARS, 83. SRI A KRISHNA, S/O AMASHE, AGED ABOUT 30 YEARS, 84. SRI CHETHAN N, S/O T NAGARAJU, AGED ABOUT 45 YEARS, 85. SRI SANTOSH, S/O VENKATESH, AGED ABOUT 60 YEARS, 86. SRI T GOVARDHAN, S/O THANDAVAMURTHY, AGED ABOUT 41 YEARS, - 11 - NC: 2025:KHC:10582-DB WA No. 253 of 2024 87. SMT NINGAMMA, W/O INDREGOWDA, AGED ABOUT 52 YEARS, 88. SRI SUNEEL KUMAR, S/O JAYARAMEGOWDA, AGED ABOUT 29 YEARS, 89. SRI M S KIRAN, S/O SHIVANNEGOWDA, AGED ABOUT 41 YEARS, 90. SMT JAYATNHI, W/O NAGEGOWDA, AGED ABOUT 41 YEARS, 91. SMT SHANTHAMMA, W/O C DEVEGOWDA, AGED ABOUT 51 YEARS, APPELLANTS NO.1 TO 91 ARE R/AT MELUKOTE TOWN, PANDAVAPURA TALUK, MANDYA DISTRICT-571 431. (BY SMT.ROOPASHREE M C.,ADVOCATE (ABSENT)) …APPELLANTS AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION, VIKASA SOUDHA, BANGALORE-560 001. 2. THE CO-OPERATIVE ELECTON COMMISSIONER, 3RD FLOOR, SHANTHINAGAR, - 12 - NC: 2025:KHC:10582-DB WA No. 253 of 2024 TTMC ‘A’ BLOCK, K H ROAD, SHANTHINAGAR BANGALORE-560 027. 3. THE DISTRICT REGISTRAR OF CO-OERATIVE SOCIETIES, BEHIND SIDDARTHA THEATRE, R P ROAD, MANDYA-571 401. 4. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES, MANDYA DIVISON, MANDYA, MANDYA DISTRICT-571 434. 5. THE RETURNING OFFICER, MELUKOTE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MELUKOTE TOWN, PANDAVAPURA TALUK MANDYA DISTRICT-571 431. 6. THE MELUKOTE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MELUKOTE TOWN, PANDAVAPURA TALUK, MANDYA DISTRICT-571 431, REP. BY ITS SECRETARY. (REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, 1950) (BY SRI.A.MOHAMMED TAHIR., ADVOCATE FOR C/R6 SMT.SARTITHA KULKARNI, AGA, FOR R1, R3 AND R5, NOTICE NOT ORDERED IN RESPECT OF R4) …RESPONDENTS - 13 - NC: 2025:KHC:10582-DB WA No. 253 of 2024 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 01/02/2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.546/2024(CS-EL/M), ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO AND HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) None for the appellants even on the second call. We find there was no appearance for the appellants even on the last date of hearing.
Decision
2. The appeal is dismissed for non-prosecution and in default. 3. In view of the dismissal of the appeal, pending application(s), if any, stand disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE PA List No.: 1 Sl No.: 15