Petitioner sought supersession of a cooperative society under Section 30(1) of the Karnataka Cooperative Societies Act. Respondents dropped proceedings under Section 29-C for lack of complainant representation; the court held the petition not maintainable and dismissed it.
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NC: 2024:KHC:4947 WP No. 2111 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 2111 OF 2021 (CS-RES)
BETWEEN:
BHAGYAMMA, W/O BYREGOWDA AGE 50, KURUBARAHALLI, BAILAGUMBA POST, KASABA HOBLI, RAMANAGARA TQ,
DISTRICT - RAMANAGRA.
…PETITIONER
(BY SRI DEVI PRASAD SHETTY, ADVOCATE)
AND:
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI SIDHARTH BABU RAO, AGA FOR R1-R3 SRI P SHIVAKUMAR, ADV. FOR R4)
NC: 2024:KHC:4947 WP No. 2111 of 2021
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 AND 2 TO SUPERSEDE THE R-4 SOCIETY BY INVOKING SECTION 30(1) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 IN VIEW OF THE REPORT SUBMITTED BY R-2 AND 3 AT ANNEXURE A AND B DATED 06/3/18 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Learned Government Advocate has filed a memo dated 05.02.2024 along with the order dated 06.08.2021. In terms of the said order, a decision is taken to drop proceedings under Section 29-C of the Karnataka Cooperative Societies Act, 1959 as there was no representation on behalf of the complainants named in the said proceedings. Though, the complainant has sought a direction to initiate proceeding under Section 29-C in terms of the direction already issued by the Joint Registrar of Co-operative Societies, no representation by the petitioner is forthcoming from the respondents.
NC: 2024:KHC:4947 WP No. 2111 of 2021
is issued by the Joint Registrar of Co-operative Societies in terms of direction dated 20.08.2018 is not complied, the petitioner is at liberty to move the concerned Registrar to take appropriate action in accordance with law.
Accordingly, writ petition is dismissed.
SD/JUDGE
CHS
List No.: 1 Sl No.: 28
1 issue framed by the court
Whether proceedings under Section 29-C of the Karnataka Cooperative Societies Act should proceed against the society given no representation by the complainants.
3 provisions across 3 enactments
BHAGYAMMA, W/O BYREGOWDA
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU DIVISION
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA
CO-OPERATIVE DEVELOPMENT OFFICER, CHENAPATNA
RAMANAGARA TALUK GRAMA UDYOGA KASABUDARARA KAIGARIKA SHAHAKARA SANGHA LTD., RAMANAGARA
ANANT RAMANATH HEGDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
