Dismissed

Sri Krishna Shetty v. the Registrar of Co. Operative Societies

Karnataka HC30 Sept 2021WP/12455/2021

Case brief

AI extract

What is this about?

Acting Chief Justice dismissed a writ petition filed as a PIL regarding construction work by a Co-operative Society. The Court held that filing a second PIL involving the same issue after a similar petition was withdrawn was not maintainable, directing aggrieved parties to approach the Registrar under the Karnataka Co-operative Societies Act.

What did the court decide?

The writ petition was dismissed as not maintainable.

Sri Krishna Shetty Vs the Registrar of Co. Operative… — Cooperative Societies | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF SEPTEMBER, 2021

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PRESENT

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THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.12455/2021 (CS-RES-PIL)

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BETWEEN

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1 . SRI KRISHNA SHETTY AGED ABOUT 55 YEARS, S/O LATE SRI PADMAYYA SHETTY AGRICULTURIST NO.2/84 MATHRU SHREE NILAYA HANDIGADDE NO.33, SHIROOR VILLAGE VIA MANDARTHI POST MUDDUMANE-576 223 BRAHMAVARA TALUK UDUPI DISTRICT

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2 . SRI LOKESH S/O MANJUNATHA MARAKALA AGED ABOUT 24 YEARS AGRICULTURIST DOOR NO.1/63, NO.33, SHIROOR VILLAGE HOLEBAGILU VIA MANDARTHI POST-MUDDUMANE-576 223 BRAHMAVARA TALUK UDUPI DISTRICT

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...PETITIONERS

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(BY SRI CHANDRANATH ARIGA K, ADVOCATE)

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AND

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1 . THE REGISTRAR OF CO-OPERATIVE SOCIETIES STATE OF KARNATAKA ALI ASKAR ROAD BENGALURU-560 001

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2 . THE SENIOR GEOLOGIST MINES AND GEOLOGY DEPARTMENT RAJATHADRI, MANIPAL UDUPI DISTRICT-576 104

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3 . THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES UDUPI DISTRICT RAJATHADRI MANIPAL-576 104 UDUPI

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4 . MANDARTHY SEVA SAHAKARI SANGHA LIMITED MANDARTHY POST HEGGUNJE VILLAGE -576 223 BRAHMAVARA TALUK UDUPI DISTRICT REP BY THE CEO

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5 . PANCHAYATH DEVELOPMENT OFFICER 12TH HEGGUNJE GRAMA PANCHAYATH-576223 KUNDAPURA TALUK UDUPI DISTRICT

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6 . MR GANGADHAR SHETTY PRESIDENT MANDARTHY SEVA SAHAKARI SANGHA LTD MANDARTHY-576 223 KUNDAPURA TALUK

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7 . THE CHIEF EXECUTIVE OFFICER MANDARTHY SEVA SAHAKARI SANGHA LTD MANDARTHY -576 223 KUNDAPURA TALUK

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…RESPONDENTS

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(By SRI : S.S.MAHENDRA, AGA FOR R1 TO R3 )

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION; DIRECT THE RESPONDENT NO.1 TO INITIATE PROCEEDINGS AGAINST THE RESPONDENT NO.6 FOR DISQUALIFICATION; DIRECT THE RESPONDENT NO.1 TO INITIATE PROCEEDINGS FOR SUPERSESSION OF THE BOARD OF MANAGEMENT OF RESPONDENT NO.4; QUASHING THE RESOLUTION NO.99 DATED 28.06.2019 PASSED BY THE RESPONDENT NO. 4 ( ANNEXURE - C); QUASHING THE RESOLUTION NO.99 DATED 29.07.2019 PASSED BY THE RESPONDENT NO.4 ( ANNEXURE - D); QUASH THE LICENCE NO. 5/2019-2020 DATED 24.06.2019 ISSUED BY THE RESPONDENT NO. 5 ( ANNEXURE - H).

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:

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ORDER

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The petitioners have filed the present petition as a Public Interest Litigation (PIL) in respect of some construction work which has been carried out by respondent No.4-Co-operative Society.

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Earlier also, the same learned counsel has filed a similar kind of petition i.e., WP No.5853/2021 involving the same issue and it was withdrawn on 07.04.2021. The order passed by this Court is reproduced as under:

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"1. Learned Counsel for the petitioners prays

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for withdrawal of the present writ petition and a memo is filed by him to the said effect.

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Memo is accepted. Writ petition is

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dismissed as withdrawn."

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Now, by changing the names of the petitioners, a second PIL has been filed involving the same issue in respect of a dispute relating to a Co-operative Society.

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In the considered opinion of this Court, a second PIL after withdrawal of the first PIL in respect of the similar issue is not maintainable in the peculiar facts and circumstances of the case, it is accordingly dismissed.

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The other important aspect of the case is that the present controversy can certainly be looked into under Section 70 of the Karnataka Co-operative Societies Act, 1959 as it is a dispute relating to a Co-operative Society. In case, any other person is aggrieved, he can certainly approach the Registrar in accordance with law keeping in view Section 70 of the Karnataka Co-operative Societies Act, 1959.

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SD/ACTING CHIEF JUSTICE

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SD/-

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JUDGE

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Sri Krishna Shetty v. the Registrar of Co. Operative Societies

Case brief

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Sri Krishna Shetty v. the Registrar of Co. Operative Societies

Case brief

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