Allowed

Shiva Prakash v. the State of Karnataka

Karnataka HC18 Dec 2023WP/3903/2023

Case brief

AI extract

What is this about?

Petitioners challenged the impugned order withdrawing earlier permission to collect share amounts for establishing a Milk Producers Co-operative Society. The Court read down the impugned order as notice and directed appearance without fresh notice.

What did the court decide?

The impugned order read down as notice; appearance fixed without fresh notice; respondent to consider objections and pass appropriate orders.

Shiva Prakash Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2023)

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1 - NC: 2023:KHC:46251 WP No. 3903 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 3903 OF 2023 (CS-RES)

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BETWEEN:

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SHIVA PRAKASH S/O SHIVALINGAIAH, AGED ABOUT 59 YEARS, CHIEF PROMOTER

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LOKESH S/O LATE BEERAIAH, AGED ABOUT 42 YEARS,

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SHIVARAM S/O LATE DODDA PUTTAIAH, AGED ABOUT 50 YEARS,

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LAKSHMI W/O RAMESH

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AGED ABOUT 41 YEARS,

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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NAGESHA S/O YEMANNA

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AGED ABOUT 33 YEARS,

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KRISHNAIAH K A S/O LATE ANNAIAH, AGED ABOUT 47 YEARS,

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ALL ARE RESIDENTS OF KOLURU GANDHI VILLAGE CHANNAPATNA TALUK, RAMANAGARA DISTRICT 562160

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…PETITIONERS

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(BY SRI. JAI PRAKASH REDDY M., ADVOCATE)

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2 - NC: 2023:KHC:46251 WP No. 3903 of 2023

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES REPRESENTED BY ITS SECRETARY M S BUILDING, BANGALORE 560001

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD BANGALORE 560001

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THE ASSISTANT REGISTRAR OF Co-OPERATIVE SOCIETIES NO 4222, MUNICIPAL LAYOUT, 3RD CROSS, WARD NO 12, RAMANAGARA 562159 RAMANAGARA DISTRICT

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BENGALURU URBAN, RURAL AND RAMANAGARA DISTRICT CO-OPERATIVE MIULK PRODUCERS SOCIETIES UNION LTD., DR M H MARIGOWDA ROAD, BENGALURU 560029 BY ITS MANAGING DIRECTOR SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT

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…RESPONDENTS

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(BY SRI.SIDDHARTH BABURAO., AGA FOR R1 TO R3 SRI. B L SANJEEV., ADVOCATE FOR R4)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 05.12.2022 IN NO.SA.NI.RA-46/NONDANI/CR/2022-23 VIDE ANNX-F PASSED BY R-3.

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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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NC: 2023:KHC:46251 WP No. 3903 of 2023

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ORDER

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The present writ petition is filed seeking for the following reliefs:

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“a) Issue a writ in the nature of certiorari or any other writ order quashing the order dated 05-12-2022 in No.SA.NI.RA-46/Nondani/CR/2022-23 vide Annexure – F passed by respondent No.3.

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b) Issue a writ of mandamus directing the respondent No.3 to register the co-operative Society as per the order dated 19.11.2022 in No.SA.NI.RA46/Nondani/CR/2022-23 vide Annexure-C passed by respondent No.3

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c) Pass any such other appropriate Writ, order or direction that seems fit under the circumstances explained above.”

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It is the case of the petitioners that vide order dated 19.11.2022 (Annexure-C to the writ petition) they were granted permission to collect the share amount from the villagers pursuant to their request to establish a Milk Producers Co-operative Society at Koluru Grama Panchayath. It is the further case of the petitioners that vide order dated 5.12.2022 (Annexure-F to the writ petition) the order dated 19.11.2022 has been withdrawn. It is the contention of the petitioners that they have not been notified before the order dated 5.12.2022 has been passed.

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NC: 2023:KHC:46251 WP No. 3903 of 2023

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Learned AGA upon instructions submits that the petitioners have not been notified before the order dated 5.12.2022 has been passed. However, he seeks for suitable orders and submits that the third respondent would hear the petitioners before any order is passed.

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In view of the aforementioned, the following order

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is passed:

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ORDER

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i) The writ petition is allowed;

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ii) The order dated 5.12.2022 passed in No.SA.NI.RA46/Nondani/CR/2022-23 by the third respondent shall be read down as a notice to the petitioners of the intention of the third respondent to recall the order dated 19.11.2022;

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iii) The petitioners shall appear before the third respondent on 22.1.2024 at 3.00 pm., without the requirement of any fresh notice being issued in this regard;

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iv) On the date of their appearance, the petitioners shall place on record their objections/response for withdrawing the order dated 19.11.2022;

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5 - NC: 2023:KHC:46251 WP No. 3903 of 2023

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v) After considering the objections/response of the petitioners, the third respondent shall pass

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appropriate orders in accordance with law.

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Sd/JUDGE

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ND List No.: 1 Sl No.: 47

Shiva Prakash v. the State of Karnataka

Case brief

What is this about?

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Shiva Prakash v. the State of Karnataka

Case brief

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