Dismissed

Dodderahalli Milk Producers Co. Op Society Ltd. v. the State of Karnataka

Karnataka HC14 Sept 2023WP/20147/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition filed by a milk producers cooperative society. The petitioner challenged an order initiating an inquiry under Section 64 of the KCS Act, 1959, alleging that Section 63 or 68 should have been invoked instead. The Court found no illegality in initiating the inquiry and dismissed the petition.

What did the court decide?

The writ petition was dismissed.

Dodderahalli Milk Producers Co. Op Society Ltd. Vs… — Cooperative Societies | Karnataka HC (2023)

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NC: 2023:KHC:33270 WP No. 20147 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 20147 OF 2023 (CS-RES)

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BETWEEN:

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DODDERAHALLI MILK PRODUCERS CO-OP SOCIETY LTD DODDERAHALLI VILLAGE, HONNALI TALUK,

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DAVANGERE DISTRICT-577217

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REPTD BY ITS CHIEF EXECUTIVE OFFICER (THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959)

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…PETITIONER

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Digitally signed by H K HEMA Location: High Court of Karnataka

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(BY SRI. M.R.RAJGOPAL, SR. COUNSEL FOR SRI.P. ANAND, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001

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REPTD BY ITS PRINCIPAL SECRETARY.

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THE DEPUTY REGISTRAR OF CO-OP SOCIETIES DAVANAGERE DISTRICT DAVNAGERE-577217.

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THE ASSISTANT REGISTRAR OF CO-OP SOCIETIES DAVANAGERE SUB DIVISION, DAVNAGERE DISTIRCT-577217.

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THE CO-OPERATIVE DEVELOPMENT OFFICER AND ENQUIRY OFICER UNDER SECTION 64 OF KCS ACT,

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2 - NC: 2023:KHC:33270 WP No. 20147 of 2023

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DODDERAHALLI MILK PRODUCERS CO-OP SOCIETY LTD, DODDERAHALLI VILLAGE, HONNALI TALUK, DAVANGERE DISTIRCT-577 217 (THE KARNATAKA CO-OPERATRIVE SOCIETIES ACT, 1959)

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…RESPONDENTS

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(BY SRI.SIDHARTH, AGA FOR R-1 TO R-1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO.AR-31/DVG/DAVA/SEC64/CR-67/2022-23, DATED 08/09/2022 (ANNEXURE-D) PASSED BY THE R-3 AS THE SAME IS ILLEGAL AND CONTRARY TO THE PROVISIONS OF KCS ACT, 1959 AND ALSO THE BYELAWS OF THE SOCIETY.

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

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ORDER

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Aggrieved by the order dated 08.09.2022 bearing

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No. JDgï 31 /r«f/zÁªÁ/PÀ®A 64/ ¹Dgï- 67/2022-23 assed by respondent No.3, the petitioner has preferred this writ petition.

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The petitioner is a Milk Producers Co-Operative Society. Upon receipt of complaints about financial misappropriation in the said society the authorities have conducted inspection as contemplated under Section 65 of the Karnataka Co-operatives Societies Act, 1959 (for short

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NC: 2023:KHC:33270 WP No. 20147 of 2023

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the 'Act') and thereafter, as prima facie it was found that there was misappropriation of funds, an inquiry as contemplated under Section 64 of the Act, has been ordered by way of impugned order.

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The case of the petitioner is that the said order is erroneous. It is submitted that action should have been initiated under Section of 63 and 68 of the Act and not under Section 64 of the Act.

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Section 63 of the Act pertains to auditing the accounts of the Co-operative Society by the concerned society. Section 68 of the Act, is an order to be made by the registrar directing the Co-operative Society to rectify the defects disclosed in the inquiry under Section 64 of the Act, or inspection under 65 and 65-B of the Act.

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In the instant case by the material available to the concerned, in his opinion it shows irregularities by the Society. Hence, an order has been passed under Section 64 of the Act, for an inquiry.

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NC: 2023:KHC:33270 WP No. 20147 of 2023

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I do not see any irregularity or illegality in the same.

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For the said reason the Writ petition is hereby dismissed .

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SD/JUDGE

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GPG List No.: 1 Sl No.: 13

Dodderahalli Milk Producers Co. Op Society Ltd. v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dodderahalli Milk Producers Co. Op Society Ltd. v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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