Allowed

Mr. Ramegowda v. the State of Karnataka

Karnataka HC13 Apr 2016WP/15749/2016

Case brief

AI extract

What is this about?

In a writ petition filed under Articles 226 and 227 of the Constitution, the petitioners sought directions to implement an order appointing a Special Officer for a Cooperative Society. The Court held that the third respondent must take steps to protect the Special Officer and bring miscreants to book to enable him to discharge his duties.

What did the court decide?

The third respondent directed to take immediate action to offer protection to the fifth respondent and bring miscreants to book.

Mr. Ramegowda Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2016)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF APRIL, 2016

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BEFORE

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THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION No.15749 OF 2016 (CS-RES)

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BETWEEN:

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Mr. Ramegowda, Aged about 48 years, Son of Javaregowda,

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Mr. Prabhakara, Aged about 55 years, Son of Javaregowda,

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Mr. Ramegowda, Aged about 60 years, Son of Ramegowda,

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Mr. Ramesha, Aged about 40 years, Son of Javaregowda,

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Mr. Basavaraju, Aged about 60 years, Son of Chikkashetty Gowda,

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Mr. Jagadisha, Aged about 45 years,

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Son of Marigowda,

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Mr. Krishnegowda, Aged about 40 years, Son of Marigowda,

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All are residing at Kothegala Village and Post, Hanabodu Hobli, Hunsur Taluk, Mysore District - 571 105. …PETITIONERS

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(By Shri B.S.Nagaraj, Advocate)

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AND:

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The State of Karnataka, Represented by its Principal Secretary, Department of Co-operation, M.S.Building, Dr. B.R.Ambedkar Veedhi, Bangalore – 560 001.

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The Deputy Registrar of Co-operative Societies, Mysore District, Mysore – 570 001.

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The Assistant Registrar of Co-operative Societies, Hunsur Sub-Division, Hunsur – 571 105.

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Milk Producers Co-operative Society Limited, Represented by its Secretary,

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Kothegala Village and Post, Hanagodu Hobli, Hunsur Taluk, Mysore District – 571 105.

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Sri. D.L.Suresha, Senior Inspector of Co-operative Societies, Office of the Assistant Registrar of Co-operative Societies, Hunsur Sub-Division, Hunsur – 571 105, And, Special Officer, Milk Producers Co-operative Society Limited, Kothegala Village and Post, Hanagodu Hobli, Hunsur Taluk. …RESPONDENTS

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(By Smt. Pramodhini Kishan, Government Pleader for Respondent Nos.1 to 3)

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This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to direct the second and third respondents to take necessary action to implement the order dated 20.1.2016, passed by the third respondent vide AnnexureA and etc;

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This Writ Petition coming on for Preliminary Hearing, this day, the court made the following:

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O R D E R

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Heard the learned counsel for the petitioners and the

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learned Government Advocate.

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The petitioners are said to be members of the fourth respondent – Society. They have filed this petition in the following background:

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The Managing Committee of the Society is said to have committed various defaults, particularly there was no audit of the accounts of the Society for over ten (10) years and it is in this background on their complaint, the Assistant Registrar of Co-operative Societies had appointed a Special Officer to take over the management of the Society as per the order dated 20.01.2016, but so far, the fifth respondent who was so appointed, has not taken charge.

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The explanation offered by the learned Government Pleader is that the fifth respondent has been unable to take charge physically, on account of violent members of the Society preventing him from even entering the premises.

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This is a sorry state of affairs where a representative of the State Government is unable to perform his duties on account of rowdy elements. If there is any such impediment,

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the third respondent shall take appropriate steps to offer protection to the fifth respondent, in order to discharge his duties and to bring any miscreants to book. With that direction, the petition is disposed of. The third respondent is directed to take immediate action.

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The learned Government Advocate is directed to intimate

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the third respondent and the fifth respondent accordingly.

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Sd/-

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JUDGE

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Mr. Ramegowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr. Ramegowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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