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Karnataka High Court

Appasaheb And Ors vs The State Of Karnataka And Ors on 18 June, 2025

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                                                         NC: 2025:KHC-K:3182
                                                      WP No. 202951 of 2024


                   HC-KAR




                              IN THE HIGH COURT OF KARNATAKA

                                     KALABURAGI BENCH

                            DATED THIS THE 18TH DAY OF JUNE, 2025

                                            BEFORE
                              THE HON'BLE MR. JUSTICE M.I.ARUN

                         WRIT PETITION NO.202951 OF 2024 (CS-RES)

                   BETWEEN:

                   1.   SRI. APPASAHEB
                        S/O CHANNAPPA PATIL,
                        AGED ABOUT 61 YEARS,
                        OCC: EX-GENERAL MANAGER,
                        NANDI SAHAKARI SAKKARE
                        KHARKANE NIYAMITHA,
                        R/O CHIKKA GARASANGI,
                        TQ. B. BAGEWADI, DIST. VIJAYAPURA.

                   2.   SRI. P.B.KALAGI,
                        S/O BASANAGOUDA KALAGI,
                        AGED ABOUT 62 YEARS,
                        EX.INCHARGE MANAGING DIRECTOR,
Digitally signed        NANDI SAHAKARI SAKKARE
by LUCYGRACE            KHARKANE NIYAMITHA,
Location: HIGH          R/O MUDDEBIHAL, DIST. VIJAYAPURA.
COURT OF
KARNATAKA
                   3.   SRI. SHASHIKANTGOUDA
                        S/O BHEEMANAGOUDA PATIL,
                        AGED ABOUT 56 YEARS,
                        OCC: DIRECTOR,
                        NANDI SAHAKARI SAKKARE
                        KHARKANE NIYAMITHA,
                        KRISHNA NAGAR, POST: HOSUR,
                        TQ. BABLESHWAR,
                        DIST. VIJAYAPURA-587 117.
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                                        NC: 2025:KHC-K:3182
                                  WP No. 202951 of 2024


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4.   SRI. GOUDAPPA
     S/O KRISHNAPPA KONAPPANAVAR,
     AGED ABOUT 50 YEARS,
     OCC: DIRECTOR,
     NANDI SAHAKARI SAKKARE
     KHARKANE NIYAMITHA,
     KRISHNA NAGAR, POST: HOSUR,
     TQ. BABLESHWAR,
     DIST. VIJAYAPURA-587 117.

5.   SRI. RAMESH
     S/O PANDAPPA JAKAREDDY,
     AGED ABOUT 55 YEARS,
     THE DIRECTOR, NANDI CO-OPERATIVE
     SUGAR FACTOR LTD.,
     KRISHNA NAGAR POST: HOSUR,
     TQ. BABALESHWAR,
     DIST. VIJAYAPURA-587 117.

                                             ...PETITIONERS

(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA,
     REP. BY ITS SECRETARY,
     DEPT. OF CO-OPERATIVE SOCIETIES,
     M.S.BUILDING, BENGALURU-1.

2.   THE STATE OF KARNATAKA,
     REP. BY ITS SECRETARY,
     DEPT. OF SUGAR CANE
     DEVELOPMENT AND SUGAR,
     VIKAS SOUDHA, BENGALURU-1.

3.   THE COMMISSIONER AND INCHARGE
     ADDL. REGISTRAR OF CO-OPERATIVE
     SOCIETIES SUGAR CANE DEVELOPMENT AND
     SUGAR, DIRECTOR K.H.B. BUILDING,
     5TH BLOCK, CBAB COMPLEX, 5TH FLOOR,
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                                  WP No. 202951 of 2024


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     KAVERI BHAVAN, K.G.ROAD,
     BENGALURU-9.

4.   THE MANAGING DIRECTOR,
     NANDI SAHAKARI SAKKARE
     KHARKANE NIYAMITHA,
     KRISHNA NAGAR, TQ. BABALESHWAR,
     DIST. VIJAYAPUR-586 113.

5.   SRI. KUMAR CHANDRAKANT DESAI,
     AGED ABOUT 50 YEARS, THE DIRECTOR,
     NOW CHAIRMAN, NANDI SAHAKARI SAKKARE
     KHARKANE NIYAMITHA,
     R/O JAINAPUR, TQ. BABALESHWAR,
     DIST. VIJAYAPUR-586 113.

6.   SHASHIKANT BHEEMANAGOUDA PATIL,
     AGED ABOUT 56 YEARS, EX-CHAIRMAN AND
     DIRECTOR, NANDI CO-OPERATIVE SUGAR
     FACTORY LTD., KRISHNA NAGAR POST: HOSUR,
     TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117.

     (DELETED VIDE COURT ORDER DATED 13.02.2025)

7.   RAMAPPA SIDDAPPA SHEBANI,
     AGED ABOUT 59 YEARS, EX-DIRECTOR,
     NANDI CO-OPERATIVE SUGAR FACTORY LTD.,
     KRISHNA NAGAR POST: HOSUR,
     TQ. BABALESHWAR,
     DIST. VIJAYAPURA-587 117.

8.   SIDDANNA MALLAPPA DESAI,
     AGED ABOUT 60 YEARS, EX-DIRECTOR,
     NANDI CO-OPERATIVE SUGAR FACTORY LTD.,
     KRISHNA NAGAR POST: HOSUR,
     TQ. BABALESHWAR,
     DIST. VIJAYAPURA-587 117.

9.   TIMMANNA VENKAPPA AMALZARI,
     AGED ABOUT 55 YEARS, EX-DIRECTOR,
     NANDI CO-OPERATIVE SUGAR FACTORY LTD.,
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                                 WP No. 202951 of 2024


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    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR,
    DIST. VIJAYAPURA-587 117.

10. VENKANNA HANAMAPPA BIDARI,
    AGED ABOUT 52 YEARS, EX-DIRECTOR,
    NANDI CO-OPERATIVE SUGAR FACTORY LTD.,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR,
    DIST. VIJAYAPURA-587 117.

11. RAMAPPA YALLAPPA HARIJAN,
    AGED ABOUT 61 YEARS, EX-DIRECTOR,
    NANDI CO-OPERATIVE SUGAR FACTORY LTD.,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR,
    DIST. VIJAYAPURA-587 117.

12. HANAMANTH BHEEMAPPA KONNUR,
    AGED ABOUT 56 YEARS, THE DIRECTOR,
    NANDI CO-OPERATIVE SUGAR FACTORY LTD.,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR,
    DIST. VIJAYAPURA-587 117.

13. HANUMANTH KENCHAPPA KADAPATTI,
    AGED ABOUT 58 YEARS, EX-DIRECTOR,
    NANDI CO-OPERATIVE SUGAR FACTORY LTD.,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR,
    DIST. VIJAYAPURA-587 117.

14. SMT. LATA VENKANAGOUDA BIRADARPATIL,
    AGED ABOUT 52 YEARS, EX-DIRECTOR,
    NANDI CO-OPERATIVE SUGAR FACTORY LTD.,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR,
    DIST. VIJAYAPURA-587 117.

15. SMT. SUREKHA RANGAPPA NIDONI,
    AGED ABOUT 51 YEARS, EX-DIRECTOR,
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                                   NC: 2025:KHC-K:3182
                                WP No. 202951 of 2024


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    NANDI CO-OPERATIVE SUGAR FACTORY LTD.,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR,
    DIST. VIJAYAPURA-587 117.

16. SRI. SHEKHAR SIDAGOUNDAPPA KOPPAD,
    AGED ABOUT 55 YEARS, EX-DIRECTOR,
    NANDI CO-OPERATIVE SUGAR FACTORY LTD.,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR,
    DIST. VIJAYAPURA-587 117.

17. SRI. RAMACHANDRA PANDAPPA KODABAGI,
    AGED ABOUT 54 YEARS, EX-DIRECTOR,
    NANDI CO-OPERATIVE SUGAR FACTORY LTD.,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR,
    DIST. VIJAYAPURA-587 117.

18. SHARASHCHANDRA (KUMAR)
    TIMMANAGOUDA PATIL,
    AGED ABOUT 53 YEARS,
    THE DIRECTOR, NANDI CO-OPERATIVE
    SUGAR FACTORY LTD.,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR,
    DIST. VIJAYAPURA-587 117.

19. JAGADISH SHIVAPPA SHIRALSHETTI,
    AGED ABOUT 59 YEARS, EX-DIRECTOR,
    NANDI CO-OPERATIVE SUGAR FACTORY LTD.,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR,
    DIST. VIJAYAPURA-587 117.

20. PRAVEEN BIPINCHANDRASARANAIK,
    AGED ABOUT 58 YEARS, EX-DIRECTOR,
    NANDI CO-OPERATIVE SUGAR FACTORY LTD.,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR,
    DIST. VIJAYAPURA-587 117.
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                                 WP No. 202951 of 2024


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21. ANAND GURULINGAPPA MANGALWEDE,
    AGED ABOUT 57 YEARS, EX-DIRECTOR,
    NANDI CO-OPERATIVE SUGAR FACTOR LTD.,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR,
    DIST. VIJAYAPURA-587 117.

22. G. M. PATIL KCS JOINT REGULATOR AND
    MANAGING DIRECTOR OF CO-OPERATIVE
    SOCIETIES KRISHNA CO-OPERATIVE
    SUGAR FACTORY LIMITED,
    TQ. ATHANI, DIST: BELAGAVI-591 304.

23. H. Y. GADANKERI
    AGE: MAJOR, EX MD
    NANDI CO-OPERATIVE SUGAR FACTORY LIMITED,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117.

24. KUMAR CHANDRAKANT DESAI,
    AGE: MAJOR, DIRECTOR AND THE CHAIRMAN,
    NANDI CO-OPERATIVE SUGAR FACTORY LIMITED,
    KRISHNA NAGAR POST: HOSUR,
    TQ. BABALESHWAR, DIST. VIJAYAPURA-587 117.

                                          ...RESPONDENTS

(BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
    SRI. AMRESH S. ROJA, ADVOCATE FOR R4;
    V/O DATED 13.02.2025 R6 IS DELETED;
    NOTICE TO R7, R9 & R13 IS HELD SUFFICIENT;
    NOTICE TO R8, R10, R11, R12, R14 TO R24
    IS DISPENSED WITH;
    R15, R17, R18 TO R20 & R22 - SERVED)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OR DIRECTION OR ORDER WRIT IN THE
NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER
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                                      WP No. 202951 of 2024


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DATED 04.10.2024 IN NO.DSK/COF/169/2022-23 PASSED BY
RESPONDENT NO.3, VIDE ANNEXURE-J.

    THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:      HON'BLE MR. JUSTICE M.I.ARUN


                        ORAL ORDER

(PER: HON'BLE MR. JUSTICE M.I.ARUN) Petitioners are said to be directors or otherwise interested in Nandi Sahakari Sakkare Karkhane Niyamitha (respondent No.4). It is a Sugar Factory registered under the provisions of Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act' for short). Upon the information gathered from several persons, respondent No.3 has passed the impugned order under Section 64 of the Act, wherein an enquiry has been ordered into the affairs of the factory. I do not see any irregularity in the same. If any finding is given as against respondent No.4 - Sugar Factory, it can challenge the same in the manner known to law and not the petitioners herein.

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NC: 2025:KHC-K:3182 WP No. 202951 of 2024 HC-KAR

2. For that reason, the writ petition being devoid of merits is hereby dismissed.

3. In view of dismissal of the writ petition, I.A.No.1/2025 does not survive for consideration and the same is accordingly dismissed.

Sd/-

(M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 22