Disposed

Donahalli Milk Producers Co-Operative Society v. the State of Karnataka

Karnataka HC24 Oct 2024WA/1565/2023

Case brief

AI extract

What is this about?

Milk producers' co-operative societies challenged a bifurcation order and the single judge's dismissal of their writ petition. After respondents withdrew the bifurcation order by a subsequent board resolution, both appeals were disposed of as infructuous with all contentions kept open.

What did the court decide?

Appeals disposed of as infructuous after withdrawal of bifurcation order; contentions kept open for challenging the later board resolution.

Donahalli Milk Producers Co-Operative Society Vs the… — Cooperative Societies | Karnataka HC (2024)

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1 - NC: 2024:KHC:42854-DB WA No. 1565 of 2023 C/W WA No. 1226 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF OCTOBER, 2024 PRESENT

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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AND

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THE HON'BLE MR JUSTICE C M JOSHI WRIT APPEAL NO. 1565 OF 2023 (CS-RES) C/W WRIT APPEAL NO. 1226 OF 2023 (CS-RES)

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IN WA No. 1565/2023:

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BETWEEN:

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DONAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY. DONAHALLI SIDDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT 562 105 REPRESENTED BY ITS PRESIDENT SRI. N NATARAJ S/O NAGAR, AGED ABOUT 39 YEARS.

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Digitally signed by NANDINI R Location: High Court of Karnataka

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BACHANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY BACHANAHALLI, SIDDLAGHATTA TQ, CHIKKABALLPURA DISTRICT 562 105 REPRESENTED BY ITS PRESIDENT NARAYANASWAMY B S S/O SUBBANNA AGED ABOUT 59 YEARS,

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KALAVARA MILK PRODUCERS CO-OPERATIVE SOCIETY, KALAVARA, CHIKKABALLAPURA TQ AND DISTRICT -562 101. REPRESENTED BY ITS PRESIDENT K S SUNIL S/O LATE SADASHIVA REDDY AGED ABOUT 45 YEARS

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2 - NC: 2024:KHC:42854-DB WA No. 1565 of 2023 C/W WA No. 1226 of 2023

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ANKANAGUNDI MILK PRODUCERS CO-OPERATIVE SOCIETY, ANKANAGUDNI, CHIKKABALLAPURA TQ AND DISTRICT - 562 101. REPRESENTED BY ITS PRESIDENT SRI. V SRIRAM S/O VENKARATARAMAPPA AGED ABOUT 45 YEARS,

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…APPELLANTS

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(BY SRI. PRABHULING K NAVADGI, SENIOR COUNSEL FOR SRI. KEERTHI KRISHNA REDDY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU 560 001. REP BY ITS SPECIAL OFFICER AND EX OFFICIO JOINT SECRETARY

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REGISTRAR OF COOPERATIVE SOCIETIES NO. 1, ALI ASKAR ROAD, BENGALURU 560 001.

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES SAHAKARA SOUDHA, NO. 146, 3^rd FLOOR, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003.

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KARNATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION LIMITED. DR. MARI GOWDA ROAD, BANGALORE 560 029.

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BY ITS MANAGING DIRECTOR.

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KOLAR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES LIMITED NH-75 HUTTUR POST, KOLAR 563 102. BY ITS MANAGING DIRECTOR

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3 - NC: 2024:KHC:42854-DB WA No. 1565 of 2023 C/W WA No. 1226 of 2023

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CHIKKABALLAPURA DISTRICT CO-OPERATIVE MILK SOCIETIES LIMITED, CHIKKABALLAPURA AT AND POST, TALUK, CHIKKABALLAPURA DISTRICT, REP. BY ITS ADMINISTRATOR.

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KOLAR -CHIKKABALLAPURA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., NH -75, HUTTUR POST, KOLAR 563 102. BY ITS MANAGING DIRECTOR

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OLAVADI MILK PRODUCERS CO-OPERATIVE SOCIETY OLAVADI VILLAGE AND POST, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT 562 101 REPRESENTED BY ITS PRESIDENT Y.B ASHWATHANARAYANA S/O LATE BYRAREDDY, AGED ABOUT 52 YEARS.

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NALLAKADIRENAHALLI MILK PRODUCERS COOPERATIVE SOCIETY NALLAKADIRENAHALLI POST, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT 562 101. REPRESENTED BY ITS PRESIDENT, N.C VENKATESH, S/O CHIKKAHANUMEGOWDA AGED ABOUT 48 YEARS.

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KITHANDOORU MILK PRODUCERS CO-OPERATIVE SOCIETY KITHANDOORU VILLAGE, KOLAR TALUK AND DISTRICT 517 424, REPRESENTED BY ITS PRESIDENT K.A. SAMPATH KUMAR S/O LATE ASHWATHANARAYANA GOWDA AGED ABOUT 58 YEARS

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NC: 2024:KHC:42854-DB WA No. 1565 of 2023 C/W WA No. 1226 of 2023

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C. SANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY, C. SANDRA VILLAGE, KOLAR TALUK AND DISTRICT 517 424, REPRESENTED BY ITS PRESIDENT M. GOPAL GOWDA S/O MUNISWAMY AGED ABOUT 45 YEARS

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12 MUGALADAPI MILK PRODUCERS' CO-OPERATIVE SOCIETY MUGALADAPI SIDDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT 562 102, REPRESENTED BY ITS PRESIDENT SRI. NANJAPPA. M, S/O. MUNINARASAPPA, AGED ABOUT 58 YEARS

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13 KANAJEENAHALLI MILK PRODUCERS' COOPERATIVE SOCIETY KANAJEENAHALLI, CHIKKABALLAPURA TQ & DIST:562101 REPRESENTED BY ITS PRESIDENT K.V NAGARAJU S/O K.N.VENKATAPPA AGED ABOUT 70 YEAR.

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THIPPENAHALLI MILK PRODUCERS' CO-OPERATIVE SOCIETY, THIPPENAHALLI, CHIKKABALLAPURA TQ & DIST: 562 101. REPRESENTED BY ITS PRESIDENT GOPALAKRISHNA.A S/O. ASHWATHAPPA AGED ABOUT 59 YEARS.

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MUSTOORU MILK PRODUCERS' CO-OPERATIVE SOCIETY MUSTOORU, CHIKKABALLAPURA TQ & DIST. 562 101. REPRESENTED BY ITS PRESIDENT SRI.KALA REDDY. M S/O MUNISHAMAPPA AGED ABOUT 48 YEARS.

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- 5 - NC: 2024:KHC:42854-DB WA No. 1565 of 2023 C/W WA No. 1226 of 2023

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A. HUNASENAHALLI MILK PRODUCERS' CO-OPERATIVE SOCIETY A. HUNASENAHALLI, SIDDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT: 562105 REPRESENTED BY ITS PRESIDENT ARI. MUNIYAPPA S/O. LATE. CHIKKA HANUMANTHAPPA AGED ABOUT 67 YEARS.

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DABARAGANAHALLI MILK PRODUCERS' COOPERATIVE SOCIETY DABARAGANAHALL, MALAMACHANAHALLI POST SIDDLAGHATTA TQ CHIKKABALLAPURA DIST: 562102 REPRESENTED BY ITS PRESIDENT MUNIYAPPA S/O SRI. CHOWDAPPA AGED ABOUT 46 YEARS.

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…RESPONDENTS

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(BY SRI. K. SHASHIKIRAN SHETTY, ADVOCATE A/W; SMT. PRATHIMA HONNAPURA, AAG FOR R1 TO R3; SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL FOR SRI. SHIVARAM R BHAT, ADVOCATE FOR R8 TO R11)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) SET ASIDE THE IMPUGNED ORDER DATED 07/09/2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.13860/2023 DISMISSING THE WRIT PETITION AND CONSEQUENTLY ALLOW THE WRIT PETITION.

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IN WA NO. 1226/2023:

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BETWEEN:

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MUGALAPADI MILK PRODUCERS CO-OPERATIVE SOCIETY MUGALADAPI SIDDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT-562 102, REP BY ITS PRESIDENT, SRI NANJAPPA M, S/O MUNINARASAPPA, AGED ABOUT 58 YEARS.

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NC: 2024:KHC:42854-DB WA No. 1565 of 2023 C/W WA No. 1226 of 2023

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KANAJEENAHALLI MILK PRODUCERS COOPERATIVE SOCIETY KANAJEENAHALLI CHIKKABALLAPURA TQ AND DIST 562 101 REPRESENTED BY ITS PRESIDENT K V NAGARAJU S/O K N VENKATAPPA AGED ABOUT 70 YEARS, (BENEFIT OF THE SENIOR CITIZEN NOT CLAIMED)

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THIPPENAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY THIPPENAHALLI CHIKKABALLAPURA TQ AND DIST 562 101 REPRESENTED BY ITS PRESIDENT GOPALAKRISHNA .A S/O ASHWATHAPPA AGED ABOUT 59 YEARS.

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MUSTOORU MILK PRODUCERS CO-OPERATIVE SOCIETY MUSTOORU, CHIKKABALLAPURA TQ AND DIST 562 101 REPRESENTED BY ITS PRESIDENT, SRI. KALA REDDY M S/O MUNISHAMAPPA AGED ABOUT 48 YEARS.

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A HUNASENAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY A HUNASENAHALLI, SIDDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT - 562105 REPRESENTED BY ITS PRESIDENT, SRI. MUNIYAPPA S/O LATE CHIKKA HANUMANTHAPPA AGEDA BOUT 67 YEARS, (BENEFIT OF THE SENIOR CITIZEN NOT CLAIMED)

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DABARAGANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY DABARAGANAHALL, MALAMACHANAHALLI POST, SIDDLAGHATTA TQ CHIKKABALLAPURA DIST 562102 REPRESENTED GBY ITS PRESIDENT, MUNIYAPPA S/O SRI. CHOWDAPPA AGED ABOUT 46 YEARS.

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7 - NC: 2024:KHC:42854-DB WA No. 1565 of 2023 C/W WA No. 1226 of 2023

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ALL APPELLANTS SOCIETIES ARE REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959

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...APPELLANTS

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(BY SRI. PRABHULING K NAVADGI, SENIOR COUNSEL A/W SRI. CHOWDAREDDY T.M., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATION, M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU 560 001 REP BY ITS SPECIAL OFFICER AND EX OFFICIO JOINT SECRETARY

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REGISTRAR OF COOPERATIVE SOCIETIES NO. 1, ALI ASKAR ROAD, BENGALURU 560 001.

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES SAHAKARA SOUDHA, NO. 146, 3^rd FLOOR, MARGOSA ROAD, MALLESHWARAM, BENGALURU 560 003.

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KARNATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION LIMITED. DR. MARI GOWDA ROAD, BANGALORE 560 029. BY ITS MANAGING DIRECTOR

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KOLAR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES LIMITED NH-75 HUTTUR POST, KOLAR 563 102.

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BY ITS MANAGING DIRECTOR

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CHIKKABALLAPURA DISTRICT CO-OPERATIVE MILK SOCIETIES LIMITED, CHIKKABALLAPURA AT AND POST, TALUK,

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NC: 2024:KHC:42854-DB WA No. 1565 of 2023 C/W WA No. 1226 of 2023

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CHIKKABALLAPURA DISTRICT,

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REP. BY ITS ADMINISTRATOR.

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KOLAR -CHIKKABALLAPURA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., NH -75, HUTTUR POST, KOLAR 563 102 BY ITS MANAGING DIRECTOR

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OLAVADI MILK PRODUCERS CO-OPERATIVE SOCIETY OLAVADI VILLAGE AND POST, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT 562 101 REPRESENTED BY ITS PRESIDENT Y.B ASHWATHANARAYANA S/O LATE BYRAREDDY, AGED ABOUT 52 YEARS.

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NALLAKADIRENAHALLI MILK PRODUCERS CO- OPERATIVE SOCIETY NALLAKADIRENAHALLI POST, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT 562 101 REPRESENTED BY ITS PRESIDENT, N.C VENKATESH, S/O CHIKKAHANUMEGOWDA AGED ABOUT 48 YEARS.

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KITHANDOORU MILK PRODUCERS CO-OPERATIVE SOCIETY KITHANDOORU VILLAGE, KOLAR TALUK AND DISTRICT 517 424, REPRESENTED BY ITS PRESIDENT K.A. SAMPATH KUMAR S/O LATE ASHWATHANARAYANA GOWDA AGED ABOUT 58 YEARS

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C. SANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY, C. SANDRA VILLAGE, KOLAR TALUK AND DISTRICT 517 424, REPRESENTED BY ITS PRESIDENT M. GOPAL GOWDA

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9 - NC: 2024:KHC:42854-DB WA No. 1565 of 2023 C/W WA No. 1226 of 2023

S/O MUNISWAMY

AGED ABOUT 45 YEARS

...RESPONDENTS

(BY SRI. K. SHASHIKIRAN SHETTY, ADVOCATE A/W; SMT. PRATHIMA HONNAPURA, AAG FOR R1 TO R3; SRI. YOGESH D NAIK, ADVOCATE FOR R4; SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL FOR SRI. DEVI PRASAD SHETTY, ADVOCATE FOR R7; SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL FOR SRI. SHIVARAM R BHAT, ADVOCATE FOR R8 TO R11; R5 AND R6 SERVED BUT UNREPRESENTED)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS AND SET ASIDE THE IMPUGNED ORDER DATED 07.09.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-13860/2023 DISMISSING THE WP AND CONSEQUENTLY ALLOW THE WP IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and

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HON'BLE MR JUSTICE C M JOSHI

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ORAL COMMON JUDGMENT

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(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

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In these two matters, the challenge to the bifurcation

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order dated 26.06.2023 having been rejected, the appellants are grieving against the judgments of the learned Single Judge. After service of notice, learned Advocate General appearing for the answering

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10 - NC: 2024:KHC:42854-DB WA No. 1565 of 2023 C/W WA No. 1226 of 2023

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respondents has moved a memo dated 26.09.2024, which

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has the following text:

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" The advocate for the Respondents 1 to 3 is herewith producing the copy of the Resolution passed in the Special General Body Meeting held on 23.07.2024 and as per the Resolution withdrawal of bifurcation order dated 26.06.2023 as per the above Resolution passed in Special General Body Meeting and the orders passed by the, the learned Single Judge in the Writ Petition held to be infructuous. Hence, this Writ Appeal has to be disposed of. The memo may be taken on record, in the interest of justice and equity."

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Learned Advocate General and Prabhuling K

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Navadgi, learned Senior Advocate appearing for the appellants, also agrees that in view of the subsequent Board Resolution dated 23.07.2024, the cause of action or maintaining the petition and now the appeals have withered away. The original position having been restored.

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In view of the above, these appeals are disposed off as having become infructuous.

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It is open to whichever party, person aggrieved, to call in question the Board Resolution dated 23.07.2024,

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11 -

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NC: 2024:KHC:42854-DB WA No. 1565 of 2023 C/W WA No. 1226 of 2023

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if they are so advised and in that connection all

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contentions are kept open.

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Costs made easy.

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Sd/(KRISHNA S DIXIT) JUDGE

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Sd/(C M JOSHI) JUDGE

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List No.: 1 Sl No.: 5

Donahalli Milk Producers Co-Operative Society v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Donahalli Milk Producers Co-Operative Society v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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