Allowed

Sri B. Kempe Gowda v. Deputy Registrar of

Karnataka HC7 Dec 2023WP/5282/2020

Case brief

AI extract

What is this about?

Palliating a writ petition regarding the set aside of an order by a Deputy Registrar passed in an appeal under Section 106 of the Karnataka Cooperative Societies Act. The court held that since the petitioners were not arrayed as parties, the impugned order shall be set aside to enable them to participate in the appeal.

What did the court decide?

The order dated 14.02.2020 is set aside and the petitioners are directed to appear in the appeal to contest the same.

Sri B. Kempe Gowda Vs Deputy Registrar of — Cooperative Societies | Karnataka HC (2023)

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1 - NC: 2023:KHC:44327 WP No. 5282 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^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. 5282 OF 2020 (CS-RES)

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BETWEEN:

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SRI B. KEMPE GOWDA, S/O KABLAE GOWDA, AGED ABOUT 76 YEARS, BENEFIT OF SENIOR CITIZEN NOT CLLAIMED,

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SMT. VASANTH A, W/O HONNAPPABHAGAVATH, AGED ABOUT 42 YEARS,

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SRI SHIVANANJE GOWDA, S/O LINGAMALLEGOWDA, AGED ABOUT 34 YEARS,

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SRI L C KRISHNE GOWDA, S/O CHANNE GOWDA, AGED ABOUT 58 YEARS,

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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SMT. CHIKKATHAYAMMA, W/O PUTTEGOWDA, AGED ABOUT 45 YEARS,

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SRI N. JAYARAMU, S/O NATHAIAH, AGED ABOUT 37 YEARS.

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PETITIONER NO.2, 3 AND 6 ARE PRESENT DIRECTORS AND PETITIONERS 1,4 AND 5 ARE EX-DIRECTORS OF LINGAPATNA PRATHAMIKA KRISHI PRATHINA SHAKARA SANGHA NIYAMITHA BENAMANAHALLI, MALAVALLI TALUIK - 571 432, MANDYA DISTRICT.

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…PETITIONERS

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

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2 - NC: 2023:KHC:44327 WP No. 5282 of 2020

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AND:

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DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES MANDYA, MANDYA DISTRICT - 571 432.

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THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, MANDYA SUB DIVSIION, MANDYA.

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LINGAPATNA PRATHAMIKA KRISHI PRATHINA, SHAKARA SANGHA NIYAMITHA BENAMANAHALLI, MALAVALLI TALUK, MALAVALLI DISTRICT - 571 432, BY ITS SECRETARY.

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RAVICHANDRA, S/O KADE GOWDA, AGED ABOUT 54 YEARS, EX DIRECTOR, LINGAPATNA PRATHAMIKA KRISHI PRATHINA SHAKARA SANGHA NIYAMITHA BENAMANAHALLI, MALAVALLI TALUIK - 571 432, MANDYA DISTRICT.

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…RESPONDENTS

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(BY SRI. K. SRINIVAS KUMAR, HCGP FOR R1 AND R2; SRI. ANANDA B.V., ADVOCATE FOR R4; R3 IS SERVED AND UNREPRESENTED)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.02.2020 IN APPEAL VIDE ANNEXURE-H PASSED BY R-1 GRANT AN INTERIM ORDER TO STAY THE EXECUTION AND OPERATION OF THE ORDER DATED 14.02.2020 IN APPEAL VIDE ANNEXURE-H PASSED BY R-1 AND ALL FURTHER PROCEEDINGS THEREOF.

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THIS PETITION, COMING ON FOR PRELIMNARY HEARING, IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The present Writ Petition is filed challenging the order

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dated 14.02.2020 passed in appeal No.DRY/DAP/09/2019-20 by Respondent No.1.

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NC: 2023:KHC:44327 WP No. 5282 of 2020

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It is the case of the Petitioners that proceedings were initiated against the Petitioners under Sections 29-C (8)(b) of the Karnataka Cooperative Societies Act (hereinafter referred as 'Act') and by an order dated 14.11.2019 passed by Respondent No.2 (Annexure-G to the Writ Petition), the said proceedings were dropped and it was ordered that the Petitioners who are the ex-directors of Respondent No.3Society did not commit the offences to disqualify them as directors.

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It is the further case of the Petitioners that Respondent No.4 challenged the said order dated 04.02.2020 in an appeal filed under Section 106 of the Act before Respondent No.1 without arraying the Petitioners as parties in the said appeal. That Respondent No.1 vide order dated 14.02.2020 set aside the said order dated 14.11.2019 and remanded the matter back to Respondent No.2.

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The primary contention urged by the Petitioners is that, not withstanding the fact that Respondent No.4 was not an aggrieved person and he did not have locus standi to file the appeal before Respondent No.1 under Section 106 of the Act, the order dated 14.02.2020 has been passed without notifying

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4 - NC: 2023:KHC:44327 WP No. 5282 of 2020

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the Petitioners and without the Petitioners being arrayed as parties to the said proceedings.

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In view of the said contention putforth by the Petitioners, having regard to the admitted position that the Petitioners have not been arrayed as parties to the appeal in the proceedings before Respondent No.1, it is just an expedient that the order dated 14.02.2020 be set aside to enable the Petitioners to contest the appeal filed by Respondent No.4.

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In view of the aforementioned, the following order 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 14.02.2020 passed by Respondent No.1 in appeal No.DRY/DAP/09/2019-20 is set aside;

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iii. The Petitioners shall appear in the said appeal No.DRY/DAP/09/2019-20 before Respondent No.1 on 27.12.2023 on which date Respondent No.1 shall be required to permit the Petitioners to participate in the said appeal and contest the same in accordance with law;

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NC: 2023:KHC:44327 WP No. 5282 of 2020

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iv. Pursuant to the appearance of the Petitioners, Respondent No.1 shall adjudicate the appeal in accordance with law;

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v. All contentions of parties left open.

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Sd/JUDGE

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PNV List No.: 1 Sl No.: 37

Sri B. Kempe Gowda v. Deputy Registrar of

Case brief

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Sri B. Kempe Gowda v. Deputy Registrar of

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