In this writ petition challenging the validity of Section 20(2)(a-iv)(a-v) of the Karnataka Co-operative Societies Act, 1959, the court noted similarity to a prior coordinate bench judgment. The court disposed of the petition by granting the same relief as previously awarded, without costs.
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.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.4021 OF 2021(CS-EL/M)
BETWEEN:
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W/O SRINIVAS N V, AGED ABOUT 47 YEARS, SHARE NO.135, R/AT NAGARAGHATTA, DODDASOMANAHALLI, K R PETE TALUK, MANDYA DISTRICT – 571 436.
...PETITIONERS
(BY SRI. SANTHOSH KUMAR M B, ADVOCATE)
AND:
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INSPECTOR CO-OPERATIVE SOCITIES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PANDAVAPURA, MANDYA DISTRICT – 571 434.
… RESPONDENTS
(BY SRI. VINDO KUMAR, AGA FOR R1 & R3; SRI. T L KIRAN KUMAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20 (2) (a-iv) (a-v) OF THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959 IS ULTRA VIRES TO THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The subject matter of this writ petition is substantially similar to the one in W.P.No.48973/2019 (CS-EL/M) between SRI VENKATE GOWDA Vs. STATE OF KARANTAKA & OTHERS, disposed off by a Coordinate Bench of this Court on 04.08.2021.
cases alike and if relief is granted to a litigant it has to be extended to a similarly circumstanced litigants as well, there being no derogatory circumstances.
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In the above circumstances, this writ petition is also
disposed off, granting the same relief to the petitioners
herein as has been granted to petitioner in the cognate writ
petition.
No costs.
Sd/JUDGE
Bsv
Smt. Sujatha
State of Karnataka
Nagaraghatta Milk Producers Women Co-operative Society Ltd.
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
