The High Court dismissed the writ petition challenging an award under the Karnataka Souharda Sahakari Act, holding that the petitioner had an alternative efficacious remedy available under the statute.
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.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 100755 OF 2019 (CS-RES)
BETWEEN:
SHRI.KUNJA BIHARI JOSHI AGED AROUIND 80 YEARS, S/O LATE LADHURAM JOSHI, WARD NO.35, JBT BUILDING AMARAVATHI, HOSAPETE, BALLARI DISTRICT.
…PETITIONER
(BY SRI.B.C.JNANAYYASWAMI, ADV.)
AND:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
NEAR VNC SCHOOL, 100 BED HOSPITAL ROAD, AMARAVATHI, HOSAPETE, BALLARI DISTRICT.
…RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1, SRI.SATISH S. RAICHUR, ADV. FOR R2, SRI.H.L.HAVARAGI & SRI.VISHWANATH HEGDE, ADVS. FOR R3, R4 AND R6, R5 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 17.10.2018 PASSED BY THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES IN DISPUTE NO.JRD/KA . RA . SOU . SAM . SA . NI / 3653 /20172018 VIDE ANNEXURE – A TO THE WRIT PETITION.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner in the instant writ petition has challenged
the award passed under Section 41 of the Karnataka Souharda Sahakari Act, 1997. The said order is appealable under Section 46 of the Act.
As the petitioner is having an alternative efficacious remedy, the writ petition is hereby dismissed.
The amount deposited by the petitioner pursuant to the interim order passed by this Court shall be transferred to the Bank which shall be adjusted towards dues of the petitioner.
Sd/JUDGE
RSH
LIST NO.: 1 SL NO.: 49
Shri. Kunja Bihari Joshi
The Deputy Registrar of Co-operative Societies
The Sale Officer Manvi Town
M/s. Udaya Motors
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
