Disposed

Vysaya Seva Sahakara Sangha Niaymitha v. the State of Karnataka

Karnataka HC4 Dec 2023WP/18236/2012

Case brief

AI extract

What is this about?

The Karnataka High Court quashed orders imposing penalties and seizing bank accounts without hearing the petitioner society and directed authorities to issue a show-cause notice before finalizing the matter.

What did the court decide?

To issue a showcause notice to the petitioner, grant an opportunity to file objections, and thereafter pass appropriate orders.

Vysaya Seva Sahakara Sangha Niaymitha Vs the State… — Cooperative Societies | Karnataka HC (2023)

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1 - NC: 2023:KHC:43708 WP No. 18236 of 2012

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON’BLE MR JUSTICE N S SANJAY GOWDA

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WRIT PETITION NO. 18236 OF 2012 (S-RES)

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BETWEEN:

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VYSAYA SEVA SAHAKARA SANGHA NIAYMITHA ARABILICHI, TALUK BHADRAVATHI, DISTRICT SHIMOGA-577321. BY ITS CHIEF EXECUTIVE OFFICER SRI M.H. BASAVANAGOWDA

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…PETITIONER

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(BY SRI.ARVIND .C. DESAI., ADVOCATE)

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AND:

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

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTED BY, THE JOINT SECRETARY (OFFICER ON SPECIAL DUTY), DEPARTMENT OF CO-OPERATION, ALI ASKER ROAD, BANGALORE-560001.

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REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD, BANGALORE-560001.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES

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2 - NC: 2023:KHC:43708 WP No. 18236 of 2012

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SHIMOGA SUB DIVISION, SHIMOGA-577201.

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES SHIMOGA SUB DIVISION, SHIMOGA-577201.

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…RESPONDENTS

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(BY SRI. PRINCE ISSAC, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROCEEDINGS GOVT. NOTIFICATION/ ORDER DATED.13.6.11, PASSED BY THE R2 AT ANNEXURE-D, ETC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed challenging the general directions issued by the Government under Section 30-B of the Karnataka Co-operative Societies Act, 1959, as regards recruitment of the staff to the Co-operative Societies.

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The petitioner – Society is also aggrieved by Annexures-C and E.

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Annexure-C, is an order, by which, the Deputy Registrar of Co-operative Societies (DRCS) had directed

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3 - NC: 2023:KHC:43708 WP No. 18236 of 2012

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the Society to relieve two employees who, according to him, were appointed in contravention of Rules 17 and 18 of the Karnataka Co-operative Societies Rules, 1960 (for short, referred to as “the Rules”).

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Annexure-E is an order passed by the Assistant Registrar of Co-operative Societies (ARCS), by which, all the Bank Accounts of the petitioner – Society was ordered to be seized since the Society had not relieved the services of the two Salesmen that it had appointed allegedly in contravention of Rules 17 and 18 of the Rules.

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A reading of Annexures-C and E indicates that the petitioner – Society was not heard in the matter before those orders were passed and therefore, it would be appropriate to quash Annexures-C and E, the same and direct the authorities to issue a notice and thereafter upon considering the reply, pass appropriate orders.

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Accordingly, the DRCS is directed to issue a showcause notice to the petitioner – Society, grant them an

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NC: 2023:KHC:43708 WP No. 18236 of 2012

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opportunity to file their objections and thereafter, pass appropriate orders in accordance with law after hearing the petitioner- Society.

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Writ Petition is accordingly disposed off .

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Sd/JUDGE

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PKS List No.: 2 Sl No.: 7

Vysaya Seva Sahakara Sangha Niaymitha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Vysaya Seva Sahakara Sangha Niaymitha 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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