Karnataka High Court
Appasaheb vs The State Of Karnataka on 28 January, 2026
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WA No. 200222 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE R.NATARAJ
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
WRIT APPEAL NO.200222 OF 2025 (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, NANDI SAHAKARI
Digitally signed
SAKKARE, KHARKANE NIYAMITHA,
by SUMITRA R/O. MUDDEBIHAL, DIST. VIJAYAPURA.
SHERIGAR
Location: HIGH
COURT OF
KARNATAKA 3. SRI. SHASHIKANTGOUDA S/O BHEEMANAGOUDA
PATIL, OCC: DIRECTOR, NANDI SAHAKARI
SAKKARE, KHARKANE NIYAMITHA,
KRISHNA NAGAR, POST. HOSUR,
TQ. BABLESHWAR, DIST. VIJAYAPURA-587 117.
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.
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5. 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.
...APPELLANTS
(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,
SUGAR CANE DEVELOPMENT AND SUGAR,
KHB BUILDING, 5TH BLOCK, CBAB COMPLEX,
5TH FLOOR, 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.
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6. 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.
7. 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.
8. TIMMANNA VENKAPPA AMALZARI,
AGED ABOUT: 55 YEARS, EX-DIRECTOR NANDI
CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA
NAGAR, POST. HOSUR, TQ. BABALESHWAR,
DIST. VIJAYAPURA-587 117.
9. 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.
10. 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.
11. 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.
12. 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.
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13. 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.
14. SMT. SUREKHA RANGAPPA NIDONI,
AGED ABOUT: 51 YEARS, EX-DIRECTOR NANDI
CO-OPERATIVE SUGAR FACTORY LTD., KRISHNA
NAGAR POST. HOSUR, TQ. BABALESHWAR,
DIST. VIJAYAPURA-587 117.
15. 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.
16. 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.
17. 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.
18. 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.
19. PRAVEEN BIPINCHANDRA SARANAIK,
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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20. 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.
21. 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.
22. H.Y. GADANKERI,
AGE: MAJOR, EX MD NANDI CO-OPERATIVE SUGAR
FACTORY LIMITED, KRISHNA NAGAR, POST. HOSUR,
TQ. BABALESHWAR, DIST. VIJAYAPURA - 587 117.
23. 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. MALLIKARJUNA SAHUKAR, AGA FOR R1 TO R3;
SRI. AMRESH S. ROJA, ADV. FOR R4;
NOTICE TO R5 SERVED;
V/O/D 11.09.2025 NOTICE TO R6 TO R23 IS D/W)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
HIGH COURTS ACT, PRAYING TO A) SET ASIDE THE ORDER
DATED:18.06.2025 PASSED BY LEARNED SINGLE JUDGE OF
THIS HON'BLE COURT IN W.P. NO.202951/2024 (CS-
RESPONDENT) AND ALLOW THE WRIT PETITION IN TOTO AND
ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.NATARAJ
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
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WA No. 200222 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE R.NATARAJ) This intra court appeal is filed challenging an order dated 18.06.2025 passed by the learned Single Judge in Writ Petition No.202951/2024.
2. The appellants had filed Writ Petition No.202951/2024 calling in question an order dated 04.10.2024 passed by respondent No.3 herein, ordering an enquiry under Section 64 of the Karnataka Co- operative Societies Act, 1959 (for short 'the Act'). The said writ petition was dismissed by the learned Single Judge in terms of the impugned order on the ground that the writ petition was premature as no findings were recorded against the appellants or the Sugar Factory where they were Directors. Further, the learned Single Judge held that if any findings are recorded, the same may be challenged in the manner known to law and consequently dismissed the petition. Being aggrieved by the same, the appellants are before this Court.
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3. The learned counsel for the appellants submitted that the appellants are not in any way related to any alleged misconduct and therefore, conducting an enquiry under Section 64 of the Act would unnecessarily expose the appellants to an unwanted litigation. She therefore prays that the impugned order passed by the learned Single Judge be set aside and the order passed by respondent No.3 to conduct an enquiry under Section 64 of the Act be quashed.
4. Per contra, the learned counsel for respondent No.4 submits that the power under Section 64 of the Act may be exercised by respondent No.4 if there are irregularities in the functioning of the sugar factory. He therefore submits that the only way to ascertain the alleged misconduct or the illegalities is through an enquiry under Section 64 of the Act. He therefore contends that the appellants cannot be aggrieved by the order to conduct an enquiry under the said act. Hence, the order -8- NC: 2026:KHC-K:678-DB WA No. 200222 of 2025 HC-KAR passed by the learned Single Judge is just and proper and does not warrant any interference.
5. We have considered the submissions made by the learned counsel for the appellants and the learned counsel for respondent No.4.
6. An enquiry under Section 64 of the Act is statutory in nature, if it relates to the constitution or functioning or financial condition of a co-operative society. It appears that there were financial irregularities to the tune of Rs.48,00,00,000/- and therefore, an enquiry under Section 64 was the least that could be done. The learned Single Judge has rightly considered the case and has rightly held that the appellants cannot assail the order passed by respondent No.4 to conduct an enquiry under Section 64 of the Act. We do not see any error in the order passed by the learned Single Judge warranting interference.
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7. Hence, this writ appeal is dismissed.
Sd/-
(R.NATARAJ) JUDGE Sd/-
(TYAGARAJA N. INAVALLY) JUDGE AMM List No.: 1 Sl No.: 0