Allowed

Sri Suresh Kumar H v. Chief Executive Officer

Karnataka HC18 Jul 2023WP/4578/2022

Case brief

AI extract

What is this about?

High Court allowed a writ petition seeking to set aside an order passed by the Deputy Registrar of Co-operative Societies. The petition alleged violation of natural justice as the order was passed without considering the filed statement of objections. The court quashed the order and remanded it.

What did the court decide?

Impugned order dated 25.08.2021 quashed; matter remanded to Deputy Registrar to consider objections, hear parties, and pass orders within two months.

Sri Suresh Kumar H Vs Chief Executive Officer — Cooperative Societies | Karnataka HC (2023)

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NC: 2023:KHC:25023 WP No. 4578 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4578 OF 2022 (CS-RES)

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BETWEEN:

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SRI SURESH KUMAR H S/OLATE HANJARIMAL AGE ABOUT 65 YEARS R A/T 2007, THYAGARAJA CIRCLE OPP. PADMA THEATRE K.R. MOHALLA, MYSURU 570 004

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…PETITIONER

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(BY SRI. PRASHANTH P N., ADVOCATE)

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AND:

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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CHIEF EXECUTIVE OFFICER SAPTHARSHI SOUHARDA PATINA SAHAKARI NIYAMITHA 48, 2^ND CROSS, JAYANAGARA MYSORE 570 014

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SRI. B.S. UMESH ACHARYA S/O LAT SEENA ACHARYA R/AT 1138, A -BLOCK 8^TH CROS RAOD, DATTAGALLI, KANAKADASA NAGAR MYSORE 570 022

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NC: 2023:KHC:25023 WP No. 4578 of 2022

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DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES (N.441) SOUHARDA CO-OPERATIVE SOCIETIES DAVA PANCHAYTHI COURT KARNATAKA STATE SOUHARDA FEDERATION LTD., 62, SECOND FLOOR, MARGOSA ROAD 3^RD MAIN, 18^TH CROSS, PIPELINE ROAD, MALLESHWARAM, BENGALURU-560055.

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…RESPONDENTS

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(BY SRI. R.B. ANEPPANAVAR, ADVOCATE FOR R1 SRI. KUMARA K.G, ADVOCATE FOR R2 SMT. A.R. SHARADAMBA, AGA FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED FINAL ORDER PASSED BY THE DEPUTY REGISTRAR, DAAVA PANCHAYATI NYAYALAYA, KARNATAKA STATE SOUHARDA SAMYUKTHA SAHAKARI NIYAMITHA BENGALURU IN CASE ON 25.08.21 FOR BEING PASSED WITHOUT HEARING THE OTHER PARTY AND BEING IN VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE VIDE ANNEXURE-M AND ETC.,

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

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NC: 2023:KHC:25023 WP No. 4578 of 2022

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ORDER

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R.DEVDAS J., (ORAL):

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The petitioner is aggrieved of the impugned order dated 25.08.2021 passed by the third respondent-Deputy Registrar of Co-operative Societies, Bengaluru. The only contention that is sought to be put forth by the learned Counsel for the petitioner is that a plain reading of the impugned order goes to show that the order has been passed exparte, as if, statement of objections were not filed by the petitioner. On the other hand, statement of objections were indeed filed by the petitioner and copy of the same is produced at Annexure ‘K’.

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In that view of the matter, learned Counsel for the petitioner submits that the impugned order may be set aside and the matter may be remanded back to the Deputy Registrar so that an opportunity of hearing will be available for the petitioner and no prejudice will be caused to the other side.

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4 - NC: 2023:KHC:25023 WP No. 4578 of 2022

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Although learned Counsel for respondent No.2

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seeks to contend that an alternative efficacious remedy is available for the petitioner, nevertheless, in view of the submissions made by the learned Counsel for the petitioner that a plain reading of the impugned order would show that the order has been passed without considering the objections filed at the hands of the petitioner and without hearing the petitioner, the matter requires reconsideration at the hands of the Deputy Registrar.

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4. Consequently, the writ petition is allowed . The

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impugned order dated 25.08.2021 at Annexure ‘M’ passed by the third respondent-Deputy Registrar of Co-operative Societies, Bangalore, is hereby quashed and set aside. The matter stands remanded back to the Deputy Registrar of Co-operative Societies, Bengaluru, to consider the statement of objections filed by the petitioner, hear both

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the parties and thereafter pass orders in accordance with

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law. For the same purpose, it is hereby directed that the

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NC: 2023:KHC:25023 WP No. 4578 of 2022

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entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order.

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Ordered accordingly.

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Sd/JUDGE

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JT/-

Sri Suresh Kumar H v. Chief Executive Officer

Case brief

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Sri Suresh Kumar H v. Chief Executive Officer

Case brief

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