Sri. Shrikant S/O. Devu Huvannavar v. the State of Karnataka

Karnataka HC6 Dec 2023WP/104140/2023

Case brief

AI extract

What is this about?

The Court dismissed a writ petition regarding the appointment of an Administrator in a cooperative society. Holding that the remedy of appeal under Section 106(2) is available, the Court ruled that no exceptional grounds justified bypassing this remedy despite a subsequent order passed during pendency. The petition was not entertained on merits.

What did the court decide?

No relief granted; petition not entertained; liberty to approach appellate authority permitted.

Sri. Shrikant S/O. Devu Huvannavar Vs the State of… — Cooperative Societies | Karnataka HC (2023)

¶1

- 1 - NC: 2023:KHC-D:14358 WP No. 104140 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA,

¶3

DHARWAD BENCH

¶4

DATED THIS THE 6^TH DAY OF DECEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

¶7

WRIT PETITION NO. 104140 OF 2023 (CS-RES)

¶8

BETWEEN:

¶9

SRI. SHRIKANT S/O. DEVU HUVANNAVAR AGE: 81 YEARS, OCC: AGRICULTURE AND CHAIRMAN OF SHREE 108 SHANTISAGAR VIVIDHA UDDESHAGALA SAHAKARA SANGH, LTD, NAVALIHAL, TAL: CHIKODI, DIST: BELAGAVI-591201.

¶10

SRI. TEJAPAL S/O. LAXMAN HUVANNAVAR AGE: 47 YEARS, OCC: AGRICULTURE AND DIRECTOR OF SHREE 108 SHANTISAGAR VIVIDHA UDDESHAGALA SAHAKARA SANGH, LTD, NAVALIHAL, TAL: CHIKODI, DIST: BELAGAVI-591201.

¶11

MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2023.12.12 11:11:56 +0530

¶12

SRI. APPASAHEB S/O. BABU WAGGHE AGE: 65 YEARS, OCC: AGRICULTURE AND DIRECTOR OF SHREE 108 SHANTISAGAR VIVIDHA UDDESHAGALA SAHAKARA SANGH, LTD, NAVALIHAL, TAL: CHIKODI, DIST: BELAGAVI-591201.

¶13

SRI. BHARAMU S/O. RUKAMANNA KAMAGOUDA AGE: 60 YEARS, OCC: AGRICULTURE AND DIRECTOR OF SHREE 108 SHANTISAGAR VIVIDHA UDDESHAGALA SAHAKARA SANGH, LTD, NAVALIHAL, TAL: CHIKODI, DIST: BELAGAVI-591201.

¶14

¶15

NC: 2023:KHC-D:14358 WP No. 104140 of 2023

¶16

SRI. KALAGOUDA S/O. BHARAMU KAMAGOUDA AGE: 36 YEARS, OCC: SECRETARY, SHREE 108 SHANTISAGAR VIVIDHA UDDESHAGALA SAHAKARA SANGH, LTD, NAVALIHAL, TAL: CHIKODI, DIST: BELAGAVI-591201.

¶17

…PETITIONERS

¶18

(BY SRI SRINAND A. PACHHAPURE, ADVOCATE)

¶19

AND:

¶20

THE STATE OF KARNATAKA REPRESENTED BY ITS PRL. SECRETARY, DEPARTMENT OF CO-OPERATIVE, M. S. BUILDING, 6TH FLOOR, BENGALURU-560001.

¶21

THE DEPUTY REGISTRAR OF CO-OP SOCIETIES AND THE DISTRICT REGISTRAR OF SOCIETIES REGISTRATION, BELAGAVI DISTRICT, BELAGAVI-590001.

¶22

ASSISTANT REGISTRAR OF CO-OP SOCIETIES CHIKODI SUB-DIVISION, CHIKODI-591201, TAL: CHIKODI, DIST: BELAGAVI.

¶23

SRI. S. V. MUSANDI S.D.A, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHIKODI, TAL: CHIKODI, DIST: BELAGAVI-591201.

¶24

SRI. NAGENDRA S/O. DEVU SAVAGANVE AGE: 76 YEARS, OCC: AGRICULTURE EX-DIRECTOR OF SHREE 108 SHANTISAGAR VIVIDHA UDDESHAGALA SAHAKARA SANGH, LTD, NAVALIHAL, TAL: CHIKODI, DIST: BELAGAVI-591201.

¶25

SRI. VIDYASAGAR S/O. RAMU SAVAGANVE AGE: 41 YEARS, OCC: AGRICULTURE EX-DIRECTOR OF SHREE 108 SHANTISAGAR VIVIDHA UDDESHAGALA SAHAKARA SANGH, LTD, NAVALIHAL, TAL: CHIKODI, DIST: BELAGAVI-591201.

¶26

- 3 - NC: 2023:KHC-D:14358 WP No. 104140 of 2023

¶27

SRI. ANAND S/O. RAMU HANABAR AGE: 61 YEARS, OCC: AGRICULTURE EX-DIRECTOR OF SHREE 108 SHANTISAGAR VIVIDHA UDDESHAGALA SAHAKARA SANGH, LTD, NAVALIHAL, TAL: CHIKODI, DIST: BELAGAVI-591201.

¶28

SRI. YASHAWANT S/O. KHANDU BODHALE AGE: 56 YEARS, OCC: AGRICULTURE EX0DIRECTOR OF SHREE 108 SHANTISAGAR VIVIDHA UDDESHAGALA SAHAKARA SANGH, LTD, NAVALIHAL, TAL: CHIKODI, DIST: BELAGAVI-591201.

¶29

SRI. DATTA S/O. ANNAPPA BURUD AGE: 61 YEARS, OCC: AGRICULTURE, EX-DIRECTOR OF SHREE 108 SHANTISAGAR VIVIDHA UDDESHAGALA SAHAKARA SANGH, LTD, NAVALIHAL, TAL: CHIKODI, DIST: BELAGAVI-591201.

¶30

SMT. SHOBHATAI W/O. RAYAGOUDA YALLAGOUDANNAVAR, AGE: 58 YEARS, OCC: AGRICULTURE, EX0DIRECTOR OF SHREE 108 SHANTISAGAR VIVIDHA UDDESHAGALA SAHAKARA SANGH, LTD, NAVALIHAL, TAL: CHIKODI, DIST: BELAGAVI-591201.

¶31

…RESPONDENTS

¶32

(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR RESP. NO.1 TO 3, SRI. PRASHANT MATHAPATI, ADV. FOR RESP. NO. 5 TO 10)

¶33

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 6/07/2023 PASSED BY THE RESPONDENT NO. 2 IN DRL/DAP/APPEAL NO.10/2020-21 CONFIRMING THE ORDER BEARING NO. AR-11/CHUNAVANE/VISHESHADHIKARI/01/ 2020-2021 DATED 21/11/2020 PASSED BY THE RESPONDENT NO. 3 MARKED AT ANNEXURE-A AND B RESPECTIVELY AND ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER

¶34

4 - NC: 2023:KHC-D:14358 WP No. 104140 of 2023

¶35

BEARING NO.DRL/RSR/27/XRO/22-23 DATED 10.07.2023 PASSED BY THE RESPONDENT NO.3 MARKED AT ANNEXURE-Q.

¶36

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶37

ORDER

¶38

Heard the learned counsel for the petitioners as well as learned AGA for respondents No.1 to 3.

¶39

The petitioners have questioning the order dated 06.07.2023 passed by the Deputy Registrar of Co-operative Societies, Belagavi. In the said order, which is passed under Section 106 of the Karnataka Co-operative Societies Act, 1959 (for short, ‘the Act, 1959’), the Deputy Registrar has upheld the order of the Assistant Registrar of Co-operative Societies, Chikodi, who in turn vide order dated 21.11.2020 had appointed the Administrator to Shree 108 Shantisagar Vividha Uddeshagala Sahakar Sangha Niyamita, Navalihal, TalukaChikodi (for short, ‘Society’).

¶40

During pendency of the writ petition, the Deputy Registrar of Co-operative Societies has passed one more order dated 10.07.2023, which is marked at Annexure-Q and sought to be impugned by way of an amendment.

¶41

5 - NC: 2023:KHC-D:14358 WP No. 104140 of 2023

¶42

In terms of the said order, the Deputy Registrar has appointed the Administrator to the aforementioned Society on the premise that the previous order appointing the Administrator has spent its life as the order was valid only for a period of six months.

¶43

Learned counsel for the petitioners has also filed an application to amend the petition to impugn the order dated 10.07.2023.

¶44

Learned counsel appearing for respondents would submit that the order at Annexure-A i.e., the order passed by the Deputy Registrar of Co-operative Societies in exercise of power under Section 106 of the Act, 1959, is appealable under Section 106(2) of the Act, 1959. He would also submit that the order dated 10.07.2023 passed by the Deputy Registrar again is appealable under Section 106 of the Act, 1959.

¶45

Learned counsel for the petitioners would submit that notwithstanding the alternative remedy being available to the petitioners, the power of this Court to entertain the writ petition under Article 226 of the Constitution of India is not taken away and the Court certainly has jurisdiction to entertain the writ petition. He would further submit that since the order at

¶46

6 - NC: 2023:KHC-D:14358 WP No. 104140 of 2023

¶47

Annexure-Q dated 10.07.2023 is passed when the present petition is pending, he would urge before this Court that the writ petition be considered on merit.

¶48

This Court has considered the contentions raised at the

¶49

bar.

¶50

It is to be noticed that the order at Annexure-A dated 06.07.2023 passed by the Deputy Registrar of Co-operative Societies, Belagavi is an order under Section 106 of the Act, 1959. The remedy of appeal is provided under Section 106(2) of the Act, 1959. No exceptional ground is made out to entertain this writ petition challenging the order at Annexure-A. Merely because one more order is passed at Annexure-Q dated 10.07.2023 by the Deputy Registrar appointing the Administrator on the premise that the previous order appointing the Administrator has spent its life, the writ petition cannot be entertained bypassing the remedy of appeal.

¶51

No exceptional case is made out to entertain the writ petition despite alternative remedy being available.

¶52

For the aforementioned reason, the writ petition is not entertained and claim of the petitioners is not considered on merits. However, the petitioners are at liberty to approach

¶53

7 - NC: 2023:KHC-D:14358 WP No. 104140 of 2023

¶54

the appellate authority as contemplated under the Act, 1959. If such an appeal is filed, the time spent in prosecuting this writ petition from 10.07.2023 till date is to be excluded in computing the limitation.

¶55

In case, an appeal is filed, the appellate authority shall expeditiously consider the claim of the petitioners on merits as well as any interim application filed by the petitioners.

¶56

It is further made clear that this Court has not expressed anything on the merits of the claim of either parties.

¶57

Registry to return the original of Annexures-A and Q after retaining the xerox copies of the same.

¶58

Sd/JUDGE

¶59

CKK/ct-an

¶60

List No.: 1 Sl No.: 27

Sri. Shrikant S/O. Devu Huvannavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Shrikant S/O. Devu Huvannavar v. the State of Karnataka

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

Shri. Jetalal S/O Chandu Rathod Vs the Managing Director

B.T.Bandiwaddar Vs the State of Karnataka

Nelson Mathew Rodrigues Vs Chairman and Managing Director

Iramma D/O. Basappa Vs the State of Karnataka

Smt.Anasuya Basavant Katti Vs Deputy Commissioner

Savitri P Madav @ Smt. Savitri Vs the State of Karnataka