Dismissed

G.M. Neelakantaiah v. the State of Karnataka

Karnataka HC6 Nov 2023WP/3542/2020

Case brief

AI extract

What is this about?

In a writ petition filed under Articles 226 and 227 of the Constitution of India, the High Court of Karnataka dismissed the petition challenging a notice calling for payment of dues under the Karnataka Souharda Sahakari Act, 1997, noting that an efficacious remedy existed under Section 46 of the Act.

What did the court decide?

Writ petition dismissed. Notice dated 5.10.2019 remains in force.

G.M. Neelakantaiah Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2023)

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1 - NC: 2023:KHC:39674 WP No. 3542 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 3542 OF 2020 (CS-RES)

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BETWEEN:

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G.M. NEELAKANTAIAH S/O G M GURUSIDDAIAH AGED ABOUT 67 YEARS OCCUPATION: AGRICULTURE, R/AT 1ST WARD, NEAR 2ND TERU, CHITTAWADGI, HOSAPETE-583201. BALLARI DISTRICT.

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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G M GURUSIDDAIAH S/O G M NEELAKANTAIAH AGED ABOUT 38 YEARS OCCUPATION :BUSINESS R/AT 1ST WARD, NEAR 2ND TERU, CHJITTAWADGI, HOSAPETE-583201 BALLARI DISTRICT.

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G M BALAIAH S/O G M NEELAKANTAIAH AGED ABOUT 35 YEARS OCCUPATION:BUSINESS R/AT 1ST WARD, NEAR 2ND TERU, CHJITTAWADGI, HOSAPETE-583201 BALLARI DISTRICT.

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G PARASHURAM S/O G HANUMANTHAPPA AGED ABOUT 45 YEARS OCCUPATION: BUSINESS

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R/AT BEHIND VADAKRAYANA TEMPLE,

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2 - NC: 2023:KHC:39674 WP No. 3542 of 2020

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24TH WARD, ESHWARANAGAR, HOSAPETE-583201 BALLARI DISTRICT.

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…PETITIONERS

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(BY SRI S VISWESWARAIAH, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY PRINCIPLE SECRETARY, DEPARTMENT OF CO-OPERATIVE M S BUILDING, BENGALURU-560001.

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THE JOINT COMMISSIONER OF CO-OPERATIVE SOCIETY KARNATAKA STATE SOUHARDA SAMYUKTA SAHAKARI LTD., 2ND FLOOR, MARGSA ROAD, 3RD MAIN, 18TH CROSS, PIPELINE ROAD, MALLESHWARAM, BENGALURU-560055.

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SRI GAYATHRI PATTINA SOUHARDA SAHAKARI NI NO.325, GAYATHRI BHAVAN, PATEL NAGAR, 3RD WARD, HOSAPETE POST-583201, REPTD BY ITS CHIEF EXECUTIVE OFFICER

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…RESPONDENTS

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(BY SRI MILIND DANGE, AGA FOR R1 & R2 SRI A VIJAY KUMAR BHAT, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER INITIATED A PROCEEDINGS UNDER RULE 13(3) OF SOUHARDA COOPERATIVE ACT, AND JAPTI WARRANT NOTICE WAS ISSUED TO THE PETITIONER ON 15.10.2019 VIDE ANENXURE-B AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2023:KHC:39674 WP No. 3542 of 2020

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ORDER

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The present writ petition is filed challenging the notice dated 5.10.2019 (Annexure-B to the writ petition), whereunder the petitioners were called upon to pay the amounts due and payable by them in a sum of `11,88,185/-.

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It is forthcoming that vide award dated 30.10.2018 passed in dispute No.3529/2017-18 (Annexure-A to the writ petition), the dispute raised by the third respondent was considered and the award was passed whereunder the petitioners were directed to pay a sum of `11,64,887/-. Subsequently, the notice dated 5.10.2019 has been issued consequent to the award passed in the dispute raised by the third respondent.

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The dispute is raised under the provisions of the Karnataka Souharda Sahakari Act, 1997 (hereinafter referred to as ‘the Act’). Section 46 of the said Act contemplates an appeal to be filed against a decision or award made under Section 41 of the Act, which has to be filed before the Karnataka Appellate Tribunal.

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NC: 2023:KHC:39674 WP No. 3542 of 2020

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Having regard to the fact that there is an alternate,

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efficacious remedy available to the petitioner, the present writ petition is dismissed.

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SD/JUDGE

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ND List No.: 1 Sl No.: 50

G.M. Neelakantaiah v. the State of Karnataka

Case brief

What is this about?

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G.M. Neelakantaiah v. the State of Karnataka

Case brief

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