A Single Judge of the High Court of Karnataka dismissed a writ petition challenging the transfer of a Milk Producers' Society. The court held that the petitioner's term as office bearer had expired, making the petition devoid of grounds for entertainment.
The writ petition was dismissed in its entirety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 36956 OF 2018 (CS-EL/M)
BETWEEN:
…PETITIONER
(BY SRI. CHANDRASHEKAR G M., ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:37878 WP No. 36956 of 2018
BELLARY DAIRY, SANJAY GANDHINAGAR CONTONMENT, BELLARY-583 104.
…RESPONDENTS
(BY SRI SIDHARTH BABURAO, AGA FOR R1 SRI DAYANAND S PATIL, ADVOCATE FOR R2 R3 SERVED)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESOLUTION DATED 18.06.2018 PASSED BY THE RESPONDENT NO.2 COMMITTEE OF MANAGEMENT PRODUCED AT ANNEXURE-E AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
“ a. Call for records.
b. Issue a writ of certiorari, quashing the resolution dated 18.06.2018 passed by the respondent No.2 Committee of Management produced at Annexure-E.
c. Issue a writ of in the nature of mandamus directing the respondent No.2 Committee of Management not to take any further decision in transferring the Milk Producing Societies, BMC Units and Milk marketing areas of Harapanahalli Taluk in favour of respondent No.3 until completion of the term of the petitioner.
d. Issue any other writ or order or directions as this Hon’ble Court deems fit in the circumstance of the case and for cost, in the interest of justice and equity.”
is the elected member of representing respondent No.2 - Chitradurga District Co-Operative Milk Producers Societies Union Ltd., Machenahalli, Nidige (P), Shivamoga having been elected on 26.05.2014 for a period of five years. The Petitioner has called in question the order dated 18.06.2018 whereunder the Harapanahalli Taluk Milk Producers’ Society has been transferred to respondent No.3 – Union. The Petitioner is voter from the Harapanahalli Sub-Division coming under the Jagaluru Taluk.
the order passed on 18.06.2018 at Annexure E is pursuant to a Government Order .
NC: 2023:KHC:37878 WP No. 36956 of 2018
petition itself having elapsed by efflux of time, no ground is made out to entertain the petition.
Sd/JUDGE
BS
List No.: 1 Sl No.: 0
1 issue framed by the court
Whether the writ petition, filed by an office bearer whose term expired by efflux of time, can be entertained.
R. HANUMANTHAPPA S/O. KENCHAPPA
THE STATE OF KARNATAKA
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
