Dismissed

M Channappa v. State of Karnataka

Karnataka HC19 Jan 2022WP/2605/2021

Case brief

AI extract

What is this about?

A writ petition challenging the constitutionality of Section 18 B of the Karnataka Co-operative Societies Act, 1959 was filed under Articles 226 and 227 of the Constitution of India. The High Court of Karnataka dismissed the petition as infructuous because the term of the Committee had expired, leaving the legality question open.

What did the court decide?

The writ petition was dismissed as infructuous; the question of validity of the provisions was left open.

M Channappa Vs State of Karnataka — Company and Corporate | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF JANUARY, 2022

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PRESENT

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THE HON’BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

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AND

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

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WRIT PETITION NO.2605/2021 (CS-EL/M)

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BETWEEN:

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M. CHANNAPPA S/O LATE KARIYAPPA, AGED ABOUT 68 YEARS, RESIDENT OF NERLAGUNTE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522.

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M. B. THIPPESWAMY S/O SHRI M B BASAVARAJAPPA AGED ABOUT 46 YEARS, RESIDENT OF MOGALAHALLI MOLAKALMURU TALUK, CHITRADRUGA DISTRICT-577535.

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... PETITIONERS

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(BY SRI. RAVI.H.K., ADV.)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M S BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001.

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SECRETARY KARNATAKA STATE CO-OPERATIVE WOOLEN HANDLOOM WEAVERS FEDERATION LTD., NO.147, INFANTRY ROAD, BENGALURU-560001.

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SECRETARY NERLAGUNTE WOOLEN HANDLOOM WEAVERS PRODUCE AND SALES CO-OPERATIVE SOCIETY LTD., NERLAGUNTE CHALLAKERE TALUK CHITRADURGA DISTRICT-577522.

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SECRTARY MOGALAHALLI WOOLEN HANDLOOM WEAVERS PRODUCE AND SALES CO-OPERATIVE SOCIETY LTD., MOGALAHALLI, MALAKALMURU TALUK, CHITRADURGA DISTRICT-577 535.

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... RESPONDENTS

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(BY SMT. VANI.H., AGA FOR R1; R2 TO R4 ARE SERVED & UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE SECTION 18B (ACT NO.35/2014) OF THE KARNATAKA COOPERATIVE SOCIETIES ACT 1959 AS UNCONSTITUTIONAL AND STRIKE DOWN THE SAME BY ISSUING A WRIT OF CERTIORARI AS ILLEGAL, ETC.

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THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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This writ petition has been filed seeking the following

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reliefs:

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“(i) Declare Section 18 B (Act No.35/2014) of the Karnataka Co-operative Societies Act, 1959 as unconstitutional and strike down the same by issuing a Writ of Certiorari as illegal;

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(ii) Issue any such other Writs, Orders or Directions as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.”

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Learned counsel for the petitioners submits that the term of the Committee has been over and as such, the writ petition has become infructuous. However, the question of validity of the provisions under challenge may be left open to be considered in some other case.

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Learned Additional Government Advocate appearing

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for respondent No.1 has no objection for the same.

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The writ petition is, accordingly, dismissed as infructuous. The question of validity of the provisions of the Karnataka Co-operative Societies Act, 1959 is left open to be considered in some other case.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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KNM/-

M Channappa v. State of Karnataka

Case brief

What is this about?

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M Channappa v. State of Karnataka

Case brief

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