Dismissed

Nethramma v. the State of Karnataka

Karnataka HC25 Oct 2023WP/39861/2018

Case brief

AI extract

What is this about?

High Court of Karnataka at Bengaluru dismissed this writ petition filed by elected office bearers seeking to quash a resolution transferring milk societies. The court held that the petitioners' tenure expired and no grounds existed to entertain the petition due to efflux of time.

What did the court decide?

Writ petition dismissed on the ground that the petitioners' tenure had expired, making the petition unsustainable.

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

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1 - NC: 2023:KHC:37878 WP No. 39861 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 39861 OF 2018 (CS-RES)

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BETWEEN:

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NETHRAMMA W/O T G KENCHANAGOWDA AGED ABOUT 52 YEARS, OCC: PRESIDENT MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETIES LTD., TAREHALLY JAGALUR TALUK DAVANAGERE DISTRICT

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MAHADEVAPPA S/O BASAPPA AGED ABOUT 53 YEARS, OCC:SECRETARY MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETIES LTD., TAREHALLY JAGALUR TALUK DAVANAGERE DISTRICT

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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SMT NAGAMMA W/O MANJANNA K M AGED ABOUT 52 YEARS, OCC:PRESIDENT MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETIES LTD., TAREHALLY JAGALUR TALUK DAVANAGERE DISTRICT

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N JAYASHEELA W/O BASAVARAJ AGED ABOUT 35 YEARS, OCC:SECRETARY MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETIES LTD., TAREHALLY JAGALUR TALUK DAVANAGERE DISTRICT

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2 - NC: 2023:KHC:37878 WP No. 39861 of 2018

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T NANDYAPPA S/O SIDDAPPA AGED ABOUT 57 YEARS, OCC: PRESIDENT MILK PRODUCERS WOMEN CO-OPERATIVE SOCIETIES LTD., TAREHALLY JAGALUR TALUK DAVANAGERE DISTRICT

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…PETITIONERS

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(BY SRI CHANDRASHEKAR G M, ADVOCATE(ABSENT))

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF ANIMAL HUSBANDARY AND VETERINARY M S BUILDING, VIKAS SOUDHA BANGALORE-560 001

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THE MANAGING DIRECTOR SHIVAMOGGA DAVANAGERE CHITRADURGA DISTRICTS CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., MACHENAHALLI NIDIGE(P) SHIVAMOGGA-577 222

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THE MANAGING DIRECTOR RAICHUR, BELLARY AND KOPPAL DISTRICTS CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., BELLARY DAIRY SANJAY GANDHINAGAR CONTONMENT BELLARY-583 104

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…RESPONDENTS

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(BY SRI SIDDHARTH BABURAO, AGA FOR SRI DAYANAND S PATIL, ADVOCATE FOR R2 SRI BELLE RAVIVARMA, ADVOCATE FOR R3)

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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.

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

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3 - NC: 2023:KHC:37878 WP No. 39861 of 2018

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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. Call for records.

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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.

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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 elected member who representing the Jagalur Taluk Milk Producers Co-Operative Societies.

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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.”

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The essence of the case of the Petitioners is that they are

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the elected members of representing Jagalur Taluk Milk Producers Co-operative Societies, having been elected on 26.05.2014 for a period of five years. The Petitioners have called in question the order dated 18.06.2018 whereunder the Harapanahalli Taluk Milk Producers’ Society has been

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4 - NC: 2023:KHC:37878 WP No. 39861 of 2018

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transferred to respondent No.3 – Union. The Petitioners are voters from the Harapanahalli Sub-Division coming under the Jagaluru Taluk.

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Learned counsel for respondent No.2 submits that the order passed on 18.06.2018 at Annexure E is pursuant to a Government Order .

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The Petitioners having filed the present petition by virtue of being the office bearers having been elected on 26.5.2014 for a period of 5 years and the said period having expired, the basis on which the Petitioners have filed the writ petition itself having elapsed by efflux of time, no ground is made out to entertain the petition.

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Hence, the preset petition is dismissed.

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Sd/JUDGE

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List No.: 1 Sl No.: 61

Nethramma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Nethramma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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