Allowed

Sri Suresh G Muddebihal v. the State of Karnataka

Karnataka HC21 Nov 2023WP/43286/2016

Case brief

AI extract

What is this about?

The Karnataka High Court allowed a writ petition filed under Articles 226 and 227 of the Constitution. The court quashed a notice issued to the petitioner, which was consequential to an order by the Additional Registrar that had subsequently been set aside by an appeal to the Registrar of Cooperative Societies.

What did the court decide?

The notice bearing No. KMF/477/ADM-22016/3/6269 dated 21.7.2016 issued by the third respondent to the petitioner is quashed.

Sri Suresh G Muddebihal Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2023)

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1 - NC: 2023:KHC:41934 WP No. 43286 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO.43286 OF 2016 (CS-RES)

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BETWEEN:

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SRI SURESH G.MUDDEBIHAL AGED ABOUT 63 YEARS, S/O. LATE GURURAO S. MUDDEBIHAL, RESIDING AT NO.AP-3, 2^ND FLOOR, K.M.R. APARTMENTS, 18^TH CROSS, BHAGAVATHI LAYOUT, OPPOSITE TO RAGHAVENDRASWAMY TEMPLE, HULIMAVU, BANNERGHATTA ROAD, BENGALURU – 560 076. ... PETITIONER

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(BY SRI V. SRINIVASA RAGHAVAN SENIOR COUNSEL FOR SRI MUKUND PRASAD, ADVOCATE FOR SRI NIKHILESH RAO M., ADVOCATE)

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AND:

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU – 560 001. REP. BY ITS PRINCIPAL SECRETARY.

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THE STATE OF KARNATAKA DEPARTMENT OF ANIMAL HUSBANDRY, M.S. BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU – 560 001.

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REP. BY ITS PRINCIPAL SECRETARY.

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M/S. KARNATAKA MILK FEDERATION, A CO-OPERATIVE SOCIETY REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT, K.M.F. COMPLEX, P.B. NO.2915, DR. M.H. MARIGOWDA ROAD, BENGALURU – 560 029. REP. BY ITS MANAGING DIRECTOR.

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NC: 2023:KHC:41934 WP No. 43286 of 2016

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD, VASANTH NAGAR, BENGALURU – 560 002.

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SRI G.P. REVANNASIDDAPPA MAJOR IN AGE, S/O. NOT KNOWN TO THE PETITIONER, FORMER BOARD OF DIRECTOR, KARNATAKA MILK FEDERATION, K.M.F. COMPLEX, P.B. NO.2915, DR. M.H. MARIGOWDA ROAD, BENGALURU – 560 029.

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THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (INDUSTRY & DAIRY), ALI ASKER ROAD, VASANTH NAGAR, BENGALURU – 560 002.

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SRI H. BALASHEKAR MAJOR IN AGE S/O. NOT KNOWN TO THE PETITIONER, SECTION 64 INQUIRY OFFICER AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETY PRESENTLY MANAGING DIRECTOR, KARNATAKA STATE CO-OPERATIVE PRIMARY LAND DEVELOPMENT BANK, ALOORU VENKATARAO ROAD, CHAMARAJPET, BENGALURU – 560 018. ... RESPONDENTS

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(BY SRI SIDHARTH BABURAO, AGA FOR R-1, R-2, R-4, R-6 & R-7; SRI PRASHANTH B.R., ADVOCATE FOR SRI K. RAMACHANDRAN, ADVOCATE FOR R-3; V/O. DATED 06/11/2019 NOTICE ISSUED TO R-5 IS AWAITED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INQUIRY REPORT DATED 21.12.2015 AT ANNEXURE-K GIVEN BY THE R-7 INQUIRY OFFICER IN SO FAR AS THE PETITIONERS IS CONCERNED; QUASH ALL SUBSEQUENT ACTION INCLUDING THE ORDER PASSED BY THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES THE R-6 DATED 16.06.2016 AT ANNEXURE-P TO THE WRIT PETITION IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC.

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

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3 - NC: 2023:KHC:41934 WP No. 43286 of 2016

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ORDER

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In the present Writ Petition, the petitioner has called in question the order passed by the sixth respondent Additional Registrar of Cooperative Societies in proceedings bearing No.AN/DAY-1/39/2012-13, dated 16.6.2016 and the consequential notice issued to the petitioner. The notice has been issued to the persons mentioned at page Nos.7 and 8 of the order dated 16.6.2016.

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Learned counsel for the petitioner has filed a memo dated 21.11.2023 and placed on record the order dated 6.7.2023 passed in various appeals, wherein the Registrar of Co-operative Societies has set aside the order dated 16.6.2016 passed in No. No.AN/DAY-1/39/2012-13 by the Additional Registrar of Co-operative Societies.

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Learned Senior Counsel Sri V.Srinivas Raghavan appearing for the petitioner submits that having regard to the fact that the order dated 16.6.2016 has been set

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NC: 2023:KHC:41934 WP No. 43286 of 2016

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aside, the relief sought for in the writ petition for quashing of the individual notices are required to be granted.

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Having regard to the fact that the order dated 16.6.2016 has been set aside, the notice dated 21.7.2016 issued to the petitioner, which is admittedly consequent to the order dated 16.6.2016, is liable to be quashed.

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In view of the aforementioned, the writ petition is allowed. Notice bearing No.KMF/477/ADM-22016/3/6269, dated 21.7.2016 issued by the third respondent to the petitioner is quashed.

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SD/JUDGE

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ND List No.: 1 Sl No.: 2

Sri Suresh G Muddebihal v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Suresh G Muddebihal v. the State of Karnataka

Case brief

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What did the court decide?

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