Remanded

H Y Mahadeva v. the State of Karnataka

Karnataka HC3 Feb 2021WP/1581/2021

Case brief

AI extract

What is this about?

Karnataka High Court quashed the orders disqualifying a senior citizen petitioner from a co-operative society after he repaid the borrowed loan with interest. The matter was remitted to the Assistant Registrar for reconsideration within four weeks. Petition disposed of.

What did the court decide?

Orders dated 13.09.2019 and 04.11.2017 disqualifying the petitioner were quashed. Matter remitted to Assistant Registrar for fresh consideration within four weeks.

H Y Mahadeva Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF FEBRUARY, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.1581 OF 2021 (CS-RES)

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BETWEEN :

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H.Y.MAHADEVA S/O LATE H.P.YELLAPPA AGED ABOUT 68 YEARS R/O #1370, J.L.B. ROAD HUNASURU HUNASURU TALUK MYSORE DISTRICT …PETITIONER

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(BY SHRI.SUMANTH KUMAR S.PATIL, ADVOCATE)

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AND :

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIDHANASOUDHA AMBEDKAR VEEDHI BANGALORE-1

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REPTD BY ITS PRINCIPAL SECRETARY

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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 SIR M.VISHWESHARAIAH CIRCLE GANESHA TEMPLE ROAD HUNSURU-571 105

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PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETIES HUNASURU

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HUNASURU TALUK

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HUNASURU-571 105

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REPTD BY ITS SECRETARY

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... RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO 3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 13.09.2019 PASSED IN DISPUTE BY RESPONDENT NO.2 VIDE ANNEXURE-G AND ETC.,

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

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ORDER

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Heard Shri Sumanth Kumar S.Patil, learned advocate for the petitioner and Smt. Niloufer Akbar, learned AGA for the State.

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Petitioner has borrowed Rs.50,000/- loan from respondent No.4-Society. Since there was default, an order of disqualification has been passed by the Assistant Registrar of Co-operative Societies, Hunasuru (respondent No.3) as per Annexure-E. Petitioner's appeal filed thereon has been dismissed by the Deputy Registrar of Co-operative Societies, Mysuru (respondent No.2) vide order dated 13.09.2019 as per Annexure-G.

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Learned advocate for the petitioner submitted that as soon as petitioner received the notice, he has repaid the loan amount but the Assistant Registrar-respondent No.3 has not considered this fact and passed a harsh order disqualifying the petitioner for five years. Petitioner is a poor person and a senior citizen. He prayed that the order passed by the respondents may be setaside.

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It is not in dispute that petitioner has defaulted in repaying the loan of Rs.50,000/- and the same has been repaid with interest. In such circumstance, in the opinion of this Court, order of disqualification is harsh. Hence, the following;

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ORDER

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(i) Order dated 13.09.2019 in Dispute No.DRM/dava/C7/Appeal/12/2018-19 passed by

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respondent No.2 vide Annexure-G and order dated 04.11.2017 in Dispute No.SaNi43/DIS/12/2017-18 passed by respondent No.3 vide Annexure-E are quashed; and

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(ii) The matter is remitted to the Assistant Registrar of Co-operative Societies, Hunasuru-respondent No.3 for

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consideration within four weeks' from the date of receipt of

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a copy of this order.

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Petition disposed of .

No costs.

Sd/-

JUDGE

H Y Mahadeva v. the State of Karnataka

Case brief

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H Y Mahadeva v. the State of Karnataka

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