Disposed

M Umesh v. Registrar of Co-Operative Societies

Karnataka HC16 Sept 2022WP/3248/2021

Case brief

AI extract

What is this about?

The petitioner sought a writ directing the Registrar of Co-operative Societies to consider specific representations regarding his grievance. The High Court, noting the representations were pending consideration, disposed of the petition by directing the Registrar to address grievances and pass appropriate orders within two months, while clarifying and retaining an interim order.

What did the court decide?

Petitioner directed to have grievances addressed; representations to be considered by Registrar within two months; interim order of 03.03.2021 to remain in force.

M Umesh Vs Registrar of Co-Operative Societies — Cooperative Societies | Karnataka HC (2022)

¶1

¹

¶2

IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 16^TH DAY OF SEPTEMBER, 2022

¶3

BEFORE

¶4

THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No.3248 OF 2021 (CS-RES)

¶5

BETWEEN:

¶6

M UMESH S/O MUDDAPPA AGED ABOUT 59 YEARS, R/O KALATMADU VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT, MADIKERI-571218

¶7

…PETITIONER

¶8

(BY SRI.B.A. BELLIYAPPA, ADVOCATE)

¶9

AND:

¶10

REGISTRAR OF CO-OPERATIVE SOCIETIES MADIKERI, MADIKERI DISTRICT-571 201.

¶11

2 . ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MADIKERI SUB-DIVISION, MADIKERI-571 201.

¶12

3 . CENTRAL CO-OPERATIVE BANK MADIKERI, MADIKERI DISTRICT-571 201

¶13

REP. BY ITS CHIEF EXECUTIVE OFFICER.

¶14

4 . POLYBETTA PRIMARY AGRICULTURE CREDIT CO-OPERATIE SOCIETY, POLYBETTA, VIRAJPET TALUK, MADIKERI DISTRICT-571 218. REP. BY ITS CHIEF EXECUTIVE OFFICER.

¶15

5 . HATHUR PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY HATHUR, VIRAJPET TALUK, MADIKERI DISTRICT-571 218.

¶16

REP BY ITS CHIEF EXECUTIVE OFFICER.

¶17

…RESPONDENTS (BY SMT. H.C. KAVITHA, HCGP FOR R-1 & R-2; R-3 TO R-5 – SERVED AND UNREPRESENTED)

¶18

²

¶19

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO CONSIDER THE REPRESENTATION DATED 12.03.2020 AT ANNEXURE-D AND REPRESENTATION / OFFICE NOTE DATED 21.03.2020 AT ANNEXURE-E AND ETC.

¶20

THIS W.P. COMING ON FOR ORDERS , THIS DAY, THE COURT MADE THE FOLLOWING:-

¶21

ORDER

¶22

In this petition, petitioner has sought for the following

¶23

reliefs:

¶24

a. Directing the respondent No.1 to consider the representation dated 12.03.2020 at Annexure – D and representation / office note No.SS/389/AK 2020 dated 21.03.2020 at Annexure – E in the interest of justice and equity and

¶25

b. To pass appropriate order as this Hon’ble Court deems fit under the circumstances of the case.

¶26

Heard learned counsel for the petitioner and

¶27

learned counsel for the respondents and perused the material on record.

¶28

A perusal of the material on record will indicate

¶29

that by way of interim prayer, the petitioner sought for a direction restraining the respondents from transferring him

¶30

³

¶31

from respondent No.4 / Society to the respondent No.5 / Society. It is however seen that due to oversight and inadvertence, by way of interim relief, the order dated 25.01.2019 vide Annexure – B was stayed by this Court on 03.03.2021, which was never the subject matter of the interim relief sought for by the petitioner. Under these circumstances, the interim order passed by this Court on 03.03.2021 is clarified by reiterating that the said interim order would relate to the interim prayer sought for by the petitioner.

¶32

Insofar as the merits of the matter is concerned, having regard to the undisputed fact that despite having received the representations at Annexure – D dated 12.03.2020 and Annexure – E dated 21.03.2020, the same having been not considered by respondent No.1 and no decision having been taken and no orders having been passed on the same so far, without expressing any opinion of the merits / demerits of the rival contentions, keeping the same open, I deem it just and appropriate to dispose of this petition directing respondent Nos.1 and 2 /

¶33

⁴

¶34

Registrar of Co-operative Societies to address the grievances of the petitioner and consider and pass appropriate orders / take appropriate decision on the aforesaid representations, in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is further directed that till respondent Nos.1 and 2 take appropriate decision / pass appropriate orders as stated, the interim order dated 03.03.2021 passed by this Court and as clarified as stated above, shall remain in

¶35

force and continue to operate between the parties.

¶36

Subject to the aforesaid directions, petition stands

¶37

disposed of.

¶38

M Umesh v. Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

M Umesh v. Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Sree Balaji Plywoods Vs the Income Tax Officer

Medi Assist Insurance Tpa Private Ltd. Vs Deputy Commissioner of Income Tax (Tds)

M/S. Manyta International School Vs the State of Karnataka

Sri Kareemullaha Vs the Principal Commissioner

Shri. M. N. Kumar Vs the Principal Commissioner of Central Tax

M/S Kbr Homes India Pvt. Ltd. Vs the Commissioner of Commercial Taxes