Dismissed

Sri. Shivalinga Swamy v. the Registrar of Co. Operative Societies

Karnataka HC9 Oct 2019WP/18070/2019

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed a writ petition filed by a former Director of a milk cooperative society. The petition sought to restrain the appointment of new officials as Secretary/Chief Executive. The court dismissed the petition as the prayer was spent due to the expiry of the impugned order outsourcing the positions, and because the appointment proceedings were pending. No representation

What did the court decide?

Recall of peremptory order denying notice; dismissal of writ petition and interim application.

Sri. Shivalinga Swamy Vs the Registrar of Co… — Company and Corporate | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF OCTOBER, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE ARAVIND KUMAR

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W.P. NO.18070/2019 (CS-RES)

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BETWEEN:

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SRI. SHIVALINGA SWAMY S/O LATE MOTEGOWDA AGED ABOUT 40 YEARS EX-DIRECTOR, KANNASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED R/AT KANNASANDRA VILLAGE MOGENAHALLI POST, MALORE HOBLI CHANNAPTTANA TALUK RAMANAGARA DISTRICT – 562 108.

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... PETITIONER

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(BY SRI. SUNIL KUMAR H, ADVOCATE)

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AND:

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD BENGALURU – 560 052.

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THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (INDUSTRIES AND DAIRY), OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD BENGALURU – 560 052.

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

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OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU RANGE NO.146, SAHAKARA SOUDHA 3^RD FLOOR, 3^RD MAIN ROAD 8^TH CROSS, MARGOSA ROAD MALLESHWARAM BENGALURU – 560 003.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE DEPUTY REGISTAR OF CO-OPERATIVE SOCIETIES DISTRICT OFFICES COMPLEX 3^RD FLOOR, ROOM NO.401 B.M. MAIN ROAD RAMANAGARA – 562 108.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES RAMANAGARA SUB-DIVISION OFFICE OF THE ASSISTANT REGISTRAR OF CO-PERATIVE SOCIETIES RAMANAGARA AT & DISTRICT – 562 108. 6. SRI. K.M. GURU S/O LATE MALLEGOWDA AGED ABOUT 45 YEARS PRESIDENT, KANNASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED.

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SRI. NARAYANA K.R S/O LATE RAMEGOWDA AGED ABOUT 43 YEARS VICE-PRESIDENT, KANNASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED.

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K.S. MANJU S/O LATE SIDDE GOWDA AGED ABOUT 42 YEARS DIRECTOR, KANNASANDRA

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	MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED.
9.	SRI. ANKEGOWDA
	S/O YELLEGOWDA
	AGED ABOUT 44 YEARS DIRECTOR KANNASANDRA MILK PRODUCERS
	CO-OPERATIVE SOCIETY LIMITED.
10.	SMT. JAYAMMA W/O KARIYAPPA AGED ABOUT 60 YEARS
	DIRECTOR, KANNASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED.
11.	SMT. GOWRAMMA W/O LATE CHIKKANNA AGED ABOUT 65 YEARS DIRECTOR, KANNASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED.
12.	SMT. GOWRAMMA W/O LATE SIDDAIAH AGED ABOUT 65 YEARS DIRECTOR, KANNASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED.
13.	SRI. HARISH K.G S/O GURUSWAMY AGED ABOUT 34 YEARS SECRETARY/CHIEF EXECUTIVE KANNASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED.
14.	K.S. ARUN KUMAR
	S/O LATE SHIVALINGAIAH AGED ABOUT 38 YEARS SECRETARY/CHIEF EXECUTIVE
	KANNASANDRA MILK PRODUCERS
	CO-OPARTIVE SOCIETY LIMITED.

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ALL ARE R/AT KANNASANDRA AVILLAGE MOGENAHALLI POST, MALORE HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT – 562 108.

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(NOTE: NO RELIEF IS SOUGH AGAINST RESPONDENT NOs. 2 TO 5 AS THEY ARE ONLY FORMAL PARTIES. HENCE, ISSUANCE OF NOTICE MAY BE DISPENSED WITH)

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... RESPONDENTS

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(BY SRI. A.C. BALARAJ, AGA FOR R-1 TO R-5; V/O DATED 26.07.2019 PETITION STANDS DISMISSED IN R-10, R-6 TO R-14)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO RESTRAIN THE R-13 AND 14 FROM DISCHARGING THEIR DUTIES AS SECRETARY/CHIEF EXECUTIVE AND MILK EXAMINER OF KANNASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY, KANNASANDRA VILLAGE, CHANNAPTTANA TALUK, RAMANAAR DISTRICT.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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There is no representation on behalf of petitioner.

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In fact, on the previous date of hearing i.e., on 26.07.2019 also there was no representation on behalf of petitioner. Co-ordinate Bench of this Court by peremptory order dated 26.07.2019 granted two weeks time to petitioner to take steps for issuance of notice to

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respondents-6 to 14 and it was ordered that failing to do needful, petition would stand dismissed without reference to court. Steps having not been taken, peremptory order having coming into force, petition has stood dismissed against respondents-6 to 14.

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Petitioner is seeking for a writ of mandamus to first respondent to restrain respondents13 and 14 from discharging their duties as Secretary/Chief Executive and Milk Examiner of Kannasandra Milk Producers Co-operative Society, Kannasandra village, Channapatna Taluk, Ramanagara District. Since writ petition against respondents-13 and 14 had stood dismissed and any order passed against them affecting their rights, would only be prejudicial to their interest, nothing survives for consideration in this writ petition.

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That apart, issue regarding outsourcing of respondents-13 and 14 in the capacity of Chief Executive and Milk Examiner is at large in the appellate proceedings before first respondent and as such,

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without expressing any opinion in that regard, this writ petition deserves to be dismissed.

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That apart, impugned order dated 02.08.2018 (Annexure-A) outsourcing respondents-13 and 14 was for a period of 11 months and same having expired is also a ground on which petition is liable to be dismissed as prayer sought for having got spent itself. Order dated 09.08.2018 (Annexure-B) being a consequential order pursuant to order dated 02.08.2018 (Annexure-A), present writ petition is liable to be dismissed. Accordingly, it is dismissed.

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In view of dismissal of writ petition, I.A.1/2019 for direction does not survive for consideration. Accordingly, it is dismissed.

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SD/JUDGE

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*sp

Sri. Shivalinga Swamy v. the Registrar of Co. Operative Societies

Case brief

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Sri. Shivalinga Swamy v. the Registrar of Co. Operative Societies

Case brief

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