Petitioner sought mandamus directing society officials to implement a reinstatement order. The Court observed that since the reinstatement order is challenged in an ongoing statutory appeal before the Karnataka Appellate Tribunal, no effective direction can be issued to the respondents. The writ petition was dismissed.
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NC: 2024:KHC:31597 WP No. 14934 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 14934 OF 2024 (S-RES)
BETWEEN:
BASAVARAJAPPA M, S/O LATE MAHADEVAPPA, AGED ABOUT 52 YEARS, OCC CHIEF EXECUTIVE OFFICER, W/A THE AGRICULTURAL CO OPERATIVE SOCIETY LIMITED, HOSAHALLI VILLAGE, HOSAHALLI POST HONNALI TALUK, DAVANAGERE.
…PETITIONER
(BY SRI CHETAN KUMAR G, ADVOCATE FOR; SRI CHANDRASHEKAR G M, ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY.
NC: 2024:KHC:31597 WP No. 14934 of 2024
CHIEF EXECUTIVE OFFICER,
HOSAHALLI VILLAGE, HOSAHALLI POST, HONNALI TALUK, DAVANAGERE DISTRICT - 577 224.
THE PRIMARY AGRICULTURAL CO OPERATIVE SOCIETY LIMITED, HOSAHALLI VILALGE, HOSAHALLI POST, HONNALI TLAUK, DAVANAGERE DISTRICT - 577 224.
…RESPONDENTS
(BY SRI PRINCE ISAC, AGA FOR R1 AND R2; SRI SANTHOSH KUMAR M B, ADVOCATE FOR R3 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR AN ORDER OR A DIRECTION THEREBY DIRECTING THE RESPONDENT NO.3 AND 4 TO IMPLEMENT THE ORDER DATED 15.04.2024 PASSED IN MISC.PET.NO.04/2023-24 ON THE FILE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANAGERE / RESPONDENT NO.2 VIDE ANNEXURE-H, TO THE WRIT PETITION AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
NC: 2024:KHC:31597 WP No. 14934 of 2024
ORAL ORDER
The petitioner has sought for a writ in the nature of mandamus to direct respondent Nos.3 and 4 to implement the order dated 15.04.2024 passed in Misc. Petition No.04/2023-24 by the Assistant Registrar of Co-operative Societies, Davangere - respondent No.2.
under protest. After such deposit, he made a request before respondent Nos.3 and 4 to continue him as Chief Executive Officer. None the less, respondent Nos.3 and 4 without considering the previous resolutions, passed a resolution dated 31.05.2023 to approve appointment of a new Chief Executive Officer of respondent No.4. The petitioner then approached respondent No.2, challenging the order of suspension dated 19.05.2023 and the resolution dated 31.05.2023. The respondent No.2 admitted the petition but declined to grant any interim order which compelled the petitioner to approach this Court in W.P No.27271/2023. The writ petition was disposed off by this Court in terms of order dated 19.05.2023, directing the respondent No.2 to consider the Misc. Petition within an outer limit of three months. Following this, respondent No.2 passed a final order dated 15.04.2024 and ordered reinstatement of the petitioner. The petitioner thereafter submitted a representation dated 04.05.2024 and requested the respondent Nos.3 and 4 to reinstate him. The petitioner contends that, the representation was not considered and therefore, seeks directions to respondent Nos.3 and 4 to implement the order dated 15.04.2024.
to be implemented in this writ petition, before Karnataka Appellate Tribunal in a statutory appeal, the petitioner is not entitled to compel the respondent Nos.3 and 4 to implement the order passed by respondent No.2. However, it is open for the petitioner to pursue the tribunal to dispose off the proceedings at the earliest and based upon the outcome of the proceedings before the tribunal, the petitioner may seek for the
NC: 2024:KHC:31597 WP No. 14934 of 2024
implementation of the order passed by respondent No.2 in accordance with law.
Sd/(R. NATARAJ) JUDGE
THM
List No.: 1 Sl No.: 32
2 issues framed by the court
Whether the High Court can direct respondents to implement an administrative order that is under statutory appeal before the Karnataka Appellate Tribunal.
Whether the petitioner is entitled to compel the respondents to reinstate him as Chief Executive Officer before the appeal outcome.
BASAVARAJAPPA M
THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION
ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES, DAVANAGERE
THE PRIMARY AGRICULTURAL CO OPERATIVE SOCIETY LIMITED
THE CHAIRMAN, THE PRIMARY AGRICULTURAL CO OPERATIVE SOCIETY LIMITED
R. NATARAJ
As recorded by the court registry
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