Disposed

M/S. N. N. Agencies v. the State of Karnataka

Karnataka HC14 Jul 2023WP/5998/2023

Case brief

AI extract

What is this about?

Petitioners challenged an impugned award and auction notice under Articles 226 and 227 of the Constitution via a writ petition in a cooperative societies matter incidental to R5 Bapuji Co-operative Bank Limited.

What did the court decide?

This writ petition stands disposed of, permitting the petitioners to file an appeal under Section 105 of the Karnataka Co-operative Societies Act, 1959.

M/S. N. N. Agencies Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2023)

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NC: 2023:KHC:24511 WP No. 5998 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS

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WRIT PETITION NO. 5998 OF 2023 (CS-RES)

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BETWEEN:

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M/S. N. N. AGENCIES A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO. 573, 6^th MAIN, P J EXTENSION, DAVANGERE 577 002

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REPRESNETED BY ITS PARTNER SMT. G S PUSHPA W/O LATE G S SIDDESH AGED ABOUT 58 YEARS,

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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SMT. G S PUSHPA W/O LATE G S SIDDESH, AGED ABOUT 58 YEARS, R/AT NO. 573, 6^th MAIN, P J EXTENSION DAVANGERE 577 002

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SMT. NIKHIL S GUNDI S/O LATE G S SIDDESH, AGED ABOUT 47 YEARS, R/AT NO. 573, 6^th MAIN, P J EXTENSION DAVANGERE 577 002

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NC: 2023:KHC:24511 WP No. 5998 of 2023

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SRI. NITHIN S GUNDI S/O LATE G S SIDDESH, AGED ABOUT 20 YEARS, R/AT NO. 573, 6^th MAIN, P J EXTENSION DAVANGERE 577 002

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…PETITIONERS

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(BY SRI. GADILINGAPPA G M., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA HONBLE MINISTER FOR CO OPERATIVE SOCIETY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY

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TE REGISTRAR OF CO OPERATIVE SOCITIES NO. 1, ALI ASKAR ROAD, BANGALORE 560 052

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THE DEPUTY REGISTRAR OF CO OPEARATIVE SOCIETIES DAVANGERE VIDHYANAGAR

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DAVANAGERE 577 001

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THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCITES DAVANGERE DAVANAGERE DAVANAGERE 577 001

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BAPUJI CO OPERATIVE BANK LIMITED NO. 120, H M ROAD,

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NC: 2023:KHC:24511 WP No. 5998 of 2023

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DAVANAGERE 577 001 REPRESENTED BY ITS CHIEF MANAGER

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DR. SEEMA PATIL W/O DR. NAVEEN PATIL AGED ABOUT 40 YEARS, NO. 1951, MCC B LAYOUT, DAVANGERE 577 004

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SRI. B S JYOTHI PRAKASH S/O B K SOMASHEKARAPPA AGED ABOUT 50 YEARS, R/AT NO. 742. 10^th MAIN ROAD, P J LAYOUT, DAVANGERE 577 002

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…RESPONDENTS

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(BY SMT. A.R. SHARADAMBA, AGA FOR R1 TO R4 SRI. M.R.HIREMATHAD., ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 18.11.2022 CASE NO.DR/DVG/DAVA/103/2019-20 PRODUCED AT ANNEXURE-A AND QUASHING THE NOTICE DATED 03.02.2023 PRODUCED AT ANNEXURE-B AS NULL AND VOID.TO CONSIDER THE REPRESENTATION DATED 14.02.2023 PRODUCED AT ANNEXURE-P AND ETC.

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

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4 - NC: 2023:KHC:24511 WP No. 5998 of 2023

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ORDER

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R.DEVDAS J., (ORAL):

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Learned Counsel appearing for the fifth respondentBapuji Co-operative Bank Limited, submits that the petitioners are aggrieved of the impugned award passed by the competent authority. They have further questioning the auction notice wherein the auction was scheduled to be held on 30.06.2023. Learned Counsel for

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the fifth respondent submits that the petitioners could not have filed a writ petition challenging the said award passed by the competent authority, since the appeal provision is available under Section 105 of the Karnataka Co-operative Societies Act, 1959, and the petitioners are requested to approach the appellate authority. It is also submitted that the auction which was scheduled to be held on 30.06.2023 could not be held.

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Recording the submission of the learned Counsel for the fifth respondent this writ petition stands disposed of permitting the petitioners to file an appeal under the

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NC: 2023:KHC:24511 WP No. 5998 of 2023

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provisions of Section 105 of the Act, 1959, before the competent authority challenging the impugned award.

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Ordered accordingly.

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Sd/JUDGE

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M/S. N. N. Agencies v. the State of Karnataka

Case brief

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M/S. N. N. Agencies v. the State of Karnataka

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