Dismissed

Smt. Gulzar W/O Late Basheersab Savanur v. the State of Karnataka

Karnataka HC21 Sept 2023WA/100255/2023

Case brief

AI extract

What is this about?

Division Bench declined to interfere with the Single Judge's order dismissing the writ petition because the dispute falls under Section 70 of the Karnataka Cooperative Societies Act, leaving the appellants liberty to approach civil courts with a benefit of limitation.

What did the court decide?

Appeal dismissed but liberty granted to raise dispute under Section 70 of Karnataka Cooperative Societies Act within six weeks with benefit of limitation.

Smt. Gulzar W/O Late Basheersab Savanur Vs the State… — Cooperative Societies | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:11004-DB WA No. 100255 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 21^ST DAY OF SEPTEMBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA WRIT APPEAL NO. 100255 OF 2023 (S-RES)

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BETWEEN:

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SMT. GULZAR W/O LATE BASHEERSAB SAVANUR AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O: BASAPPA CHOUKA, DHARWAD, TQ AND DIST: DHARWAD.

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SRI. MOHASIN AHMED S/O LATE BASHEERSAB SAVANUR AGE: 35 YEARS, OCC: UNEMPLOYED, R/O: BASAPPA CHOUKA, DHARWAD, TQ AND DIST: DHARWAD.

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…APPELLANTS

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(BY SRI. H.M.DHARIGOND, ADVOCATE)

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AND:

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ROHAN HADIMANI T

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Digitally signed by ROHAN HADIMANI T Date: 2023.09.29 11:10:38 +0530

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THE STATE OF KARNATAKA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, PUBLIC INDUSTRIAL DEPARTMENT, M.S.BUILDING, BENGALURU-560001.

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THE STATE OF KARNATAKA REPRESENTED BY DEPUTY SECRETARY, CO-OPERATION DEPARTMENT, M.S.BUILDING, BENGALURU-560001.

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THE ADDITIONAL REGISTRAR CO-OPERATIVE SOCIETY'S OFFICE, (INDUSTRY AND DAIRIES) NO.1, ALIASKAR ROAD, BENGALURU-560052.

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THE MANAGING DIRECTOR

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2 - NC: 2023:KHC-D:11004-DB WA No. 100255 of 2023

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KARNATAKA MILK FEDERATION LTD., DR. MARIGOUDA ROAD, BENGALURU-560022.

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THE MANAGING DIRECTOR DHARWAD CO-OPERATIVE MILK PRODUCERS, UNION FEDERATION LTD., LAKAMANAHALLI INDUSTRIAL AREA, P.B.ROAD, DHARWAD, DIST: DHARWAD-580002.

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…RESPONDENTS

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(BY SRI. G.K.HIREGOUDAR, GOVERNMENT ADVOCATE FOR R1-3; SRI. MAHANTESH KOTTURSHETTAR, ADVOCATE FOR R4; SRI. ARAVIND D KULKARNI, ADVOCATE FOR R5)

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THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET ASIDE THE ORDER DATED 31.01.2023 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.105054/2021 AND ALLOW THE WRIT PETITION FILED BY THE APPELLANTS IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, S.R.KRISHNA KUMAR, J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This intra Court appeal by the unsuccessful writ petitioners in Writ Petition No.105054/2021 is directed against the impugned order dated 31.01.2023 whereby the said petition was dismissed by the learned Single Judge.

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A perusal of the material on record will indicate

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that the learned Single Judge has declined to exercise his jurisdiction under Article 226 of the Constitution of India

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- 3 - NC: 2023:KHC-D:11004-DB WA No. 100255 of 2023

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on the ground that respondent No.5 was not a State/statutory authority and that the appellants – writ petitioners had an alternative, effective, efficacious remedy by way of raising dispute under Section 70 of the Karnataka Cooperative Societies Act.

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Under these circumstances, by placing reliance upon two earlier judgments of two Division Benches of this Court in Writ Appeal No.15514-518 of 2011 decided on 26.11.2012 and Writ Appeal No.395 of 2022 decided on 07.07.2022, the learned Single Judge proceeded to dispose of the writ petition reserving liberty in favour of the appellants – writ petitioners to take recourse to such alternative remedies as available under law.

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Upon re-appreciation, re-evaluation and

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reconsideration of the entire material on record and in the light of the aforesaid judgment of the earlier Division Benches, we do not find any illegality or infirmity in the impugned order warranting interference by this Court in the present appeal.

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4 - NC: 2023:KHC-D:11004-DB WA No. 100255 of 2023

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But however, liberty is reserved in favour of the

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appellants to take recourse to such remedies as available under law including raising dispute under Section 70 of the Karnataka Cooperative Societies Act, within a period of six weeks from today.

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