Two-bench appeal challenging a single judge order that remanded matters to the Assistant Registrar with directions to hear additional respondents. The bench held the challenge academic due to prior compliance but opened issues for future determination citing a division bench decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 09TH DAY OF OCTOBER, 2019
PRESENT
THE HON’BLE MR.JUSTICE ALOK ARADHE
AND
THE HON’BLE MR.JUSTICE P.G.M. PATIL
W.A.NOS.100180-100202/2019 (CS-RES)
BETWEEN:
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TEVARATTI CROSS, SHIVANUR, AT: SHIVANUR, TQ: ATHANI, DIST BELAGAVI, PIN CODE: 591232.
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AIGALI, AT: AIGALI, TQ: ATHANI, DIST: BELAGAVI, PIN CODE: 591248.
4
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PRESIDENT OF SRI.MAHANT PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, SAVADI, AT: SAVADI, TQ: ATHANI, DIST: BELAGAVI, PIN CODE: 591240.
... APPELLANTS
(BY SRI. SANJAY S.KATAGERI, ADVOCATE)
AND
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DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, BENGALURU, PIN CODE 560001.
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DIST: BELAGAVI, REPRESENTED BY ITS PRESIDENT, PIN CODE: 591230.
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DIST: BELAGAVI, REPRESENTED BY ITS PRESIDENT, PIN CODE: 591304.
... RESPONDENTS
(BY SRI G.K.HIREGOUDAR, AGA FOR R1 TO R5)
THESE WRIT APPEALS ARE FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO, THE APPELLANTS HEREIN TO THIS HON'BLE COURT, THAT IMPUGNED ORDER DATED 14.12.2018 PASSED IN WRIT PETIITION NOS.102487491/2018 AND WRIT PETITION NOS.102570-589/2018 BY THE LEARNED SINGLE JUDGE, BE KINDLY SET ASIDE, TO THE EXTENT OF QUASHING THE IMPUGNED ORDERS AND GRANTING OPPORTUNITY TO THE RESPONDENTS NO.6 TO 28 HEREIN TO PARTICIPATE IN THE PROCEEDINGS BEFORE THE RESPONDENT NO.5 HEREIN, TO THAT EXTENT BY THIS HON'BLE COURT AND CONSEQUENTLY DISMISSING THE SAID WRIT PETITION NOS.102487-491/2018 AND WRIT PETITION NOS.102570-589/2018, AS FILED BY THE RESPONDENTS NO.6 TO 28 HEREIN, WITH HEAVY COSTS, BY ALLOWING THESE WRIT APPEALS, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, ALOK ARADHE, J, DELIVERED THE FOLLOWING:
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JUDGMENT
Shri Sanjay S.Katageri, learned counsel for the appellants.
respondent Nos.1 to 5.
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the outset fairly submitted that in furtherance of the directions issued by the learned single Judge of this Court vide order dated 14.12.2018, Assistant Registrar of Co-operative Societies has already passed an order on 02.03.2019 in favour of some of the appellants. However, it is submitted that respondent Nos.6 to 34 have no locus standi to be heard in the proceeding for registration of a society which belongs to the appellants herein. It is also submitted that view taken by the learned single Judge is contrary to the order dated 22.10.2018 passed by Division Bench of this Court in W.A.Nos.100095-96/2018. Therefore, the impugned order be set aside.
made by the learned counsel for the appellants.
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dated 14.12.2018 passed by the learned single Judge, Assistant Registrar of Co-operative Societies has passed an order on 02.03.2019 after affording opportunity of hearing to the appellants as well as respondent Nos.6 to 34. The aforesaid order is subject matter of challenge before the learned single Judge of this Court at the instance of the parties who are aggrieved by the aforesaid order. In our considered opinion, the challenge to the order dated 14.12.2018 passed by the learned single Judge in the facts situation of the case has been rendered academic. Therefore, we are inclined to examine the validity of the same, as this Court does not adjudicate academic issues. However, in view of the decision dated 22.10.2018 passed by the Division Bench of this Court in W.A.Nos.100095-96/2018, the issues raised in
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these appeals are kept open which shall be gone into in an appropriate case.
With the aforesaid observations, the writ appeals are disposed of.
In view of disposal of the writ appeals, pending interlocutory application, if any does not survive for consideration and accordingly
disposed of.
SD/JUDGE
SD/JUDGE
CLK
3 issues framed by the court
Whether the challenge to the order dated 14.12.2018 rendered academic by the compliance of the Assistant Registrar and whether the issues raised in the appeals should be examined.
Whether the order allowing participation of respondent Nos.6 to 28 in registration proceedings was contrary to the division bench order dated 22.10.2018.
Whether the writ appeals should be disposed of and if any pending interlocutory applications survive.
Colour shows how this judgement treated each authority
W.A.Nos.100095-96/2018Referred¶97
1 provisions across 1 enactments
SHRI. BIRAPPA, etc.
THE STATE OF KARNATAKA, etc.
ALOK ARADHE
P.G.M. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
