The High Court dismissed a writ petition challenging the disqualification of the petitioner as Director of Shimoga DCC Bank. The Court held that since an alternative and efficacious remedy via appeal was available under Section 106 of the KCS Act, exercising extraordinary writ jurisdiction was not desirable.
The writ petition stands dismissed.
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W.P No.21342/2017
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.21342 OF 2017(CS-RES)
BETWEEN :
SRI. N.H. SREEPADARAO S/O DEVAPPA HEGDE AGED ABOUT 50 YEARS DIRECTOR SHIMOGA DCC BANK NISARANI VILLAGE SORABA TALUK SHIMOGA DISTRICT ... PETITIONER
(BY SHRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SHRI. PRUTHVI WODEYAR, ADVOCATE)
AND :
2
SHIMOGA-577 201 REPRESENTED BY ITS M.D ... RESPONDENTS
(BY SHRI. PRABHULING K. NAVADAGI, AG A/W SHRI. R. SUBRAMANYA, AAG A/W SHRI. M. VINOD KUMAR, AGA FOR R1 & R2; R3-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.28.04.2017 PASSED BY R-2 VIDE ANNX-L.
THIS WRIT PETITION, HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 01.10.2021, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:-
ORDER
Petitioner has challenged order No. JRB/Dispute/29-
C/12/2014-15 dated April 28, 2017 (Annexure-L) passed by the JRCS, Bengaluru1 , disqualifying him from holding the post of Director of Shimogga DCC Bank2 for a period of five years.
remedy by way of appeal under Section 106 of the KCS Act3 . It is settled that when an alternative and efficacious
1 The Joint Registrar of Co-operative Societies, Bangalore Region - respondent No.2
2 District Central Co-operative Bank - Respondent No.3
3 The Karnataka Co-operative Societies Act, 1959
W.P No.21342/2017
3
remedy is available, it is not desirable to exercise the extraordinary jurisdiction under Article 226 of the Constitution of India. (See: Commissioner of Income Tax Vs. Chhabil Dass Agarwal4 ).
No costs.
Sd/JUDGE
SPS
4 (2014)1 SCC 603
1 issue framed by the court
Whether the High Court can exercise its extraordinary jurisdiction under Article 226 when an alternative and efficacious remedy by way of appeal is available under the KCS Act.
Colour shows how this judgement treated each authority
Commissioner of Income Tax Vs. Chhabil Dass AgarwalReferred¶29
(2014)1 SCC 603 · Who else cites this
2 provisions across 2 enactments
SRI. N.H. SREEPADARAO
STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU REGION
SHIMOGA DCC BANK
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court