Dismissed

The Belgaum District Central Co-Op Bank Ltd., v. the State of Karnataka

Karnataka HC29 Aug 2023WP/146370/2020

Case brief

AI extract

What is this about?

In a writ petition challenging the constitutionality of Sections 12(5) and 12(6) of the Karnataka Co-operative Societies Act 1959, the High Court of Karnataka at Dharwad Bench dismissed the petition on the petitioner filing a memo seeking permission to withdraw it.

What did the court decide?

Writ petition dismissed as withdrawn; pending applications deemed not to survive.

The Belgaum District Central Co-Op Bank Ltd., Vs the… — Company and Corporate | Karnataka HC (2023)

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NC: 2023:KHC-D:9665 WP No. 146370 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 29^TH DAY OF AUGUST, 2023 BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO. 146370 OF 2020 (CS-RES)

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BETWEEN:

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THE BELGAUM DISTRICT CENTRAL CO-OP BANK LIMITED, OFFICE AT SHIVA BASAVA NAGAR, BELAGAVI, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SURESH K. ALAGUNDI.

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…PETITIONER

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(BY SRI PRAVEEN P. TARIKAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANASOUDHA, BENGALURU-560001.

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MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: DHARWAD Date: 2023.09.02 13:57:44 -0700

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THE REGISTRAR OF COOPERATIVE SOCIETIES, ALI ASKAR ROAD, BANGALURU-560001.

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THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, BELAGAVI DIVISION, SAHAKARBHAVAN, BELAGAVI-590001.

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THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, SAHAKAR BHAVAN, BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI P.N. HATTI, HCGP FOR R1-R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING THE PROVISIONS OF THE SECTION 12(5)AND 12(6) OF KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 ARE ULTRA-VIRES AND UNCONSTITUTIONAL

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2 - NC: 2023:KHC-D:9665 WP No. 146370 of 2020

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AND SAME IS IN VIOLATION OF ARTICLE 14 AND 19(C) OF CONSTITUTION OF INDIA; ISSUE A APPROPRIATE WRIT, ORDER OR DIRECTION IN NATURE OF CERTIORARI BY QUASHING THE ORDERS BEARING NO.KRA.JRL/ A/RSR/PHO NI.THI/CR-17/2018-19 DATED 20.06.2019 AND KRA.JRL/A/RSR/PHO.NI. THI/CR-17/2018-19 DATED 18.11.2019 ISSUED BY 3^RD RESPONDENT AT ANNEXURE-D AND J RESPECTIVELY.

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

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ORDER

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Learned counsel for the petitioner has filed a memo seeking permission of this court to withdraw the writ petition.

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Memo is taken on record.

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Accordingly, the writ petition is dismissed as

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withdrawn.

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In view dismissal of the writ petition, pending I.A’s if any, do not survive for consideration.

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MBS

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List No.: 2 Sl No.: 3

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Sd/JUDGE

The Belgaum District Central Co-Op Bank Ltd., v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

The Belgaum District Central Co-Op Bank Ltd., 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

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