Disposed

Mr K M Somaiah v. State of Karnataka

Karnataka HC18 Sept 2024WP/28324/2015

Case brief

AI extract

What is this about?

Members of the wound-up Mysore Coffee Processing Co-operative Society challenged the 1999 winding-up order and the sale/auction of the society's land, seeking revival of the society. Since the Registrar had ordered revival by an order dated 26.12.2023 and appointed a Special Officer, the court found the grievances no longer survived and disposed of the three petitions.

What the court decided

AI extract

Mr K M Somaiah Vs State of Karnataka — Cooperative Societies | Karnataka HC (2024)

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1 - NC: 2024:KHC:38162 WP No. 28324 of 2015 C/W WP No. 28233 of 2015 WP No. 24444 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K V ARAVIND WRIT PETITION NO. 28324 OF 2015 (GM-TEN)

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C/W

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WRIT PETITION NO. 28233 OF 2015 (GM-TEN) WRIT PETITION NO. 24444 OF 2016 (CS-RES)

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IN WP No. 28324/2015

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BETWEEN:

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MR. K. M. SOMAIAH SON OF LATE K. D. MUTHANNA AGED ABOUT 64 YEARS ASHIRWAD MALBAR ROAD VIRAJPET POST

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KODAGU DISTRICT - 571 218.

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Digitally signed by VALLI MARIMUTHU

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Location: High Court of Karnataka

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MR. K. W. BOPAIAH SON OF LATE UTHAIAH AGED ABOUT 63 YEARS BHAGYALAKSHMI RICE MILL VIRAJAPET

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KODAGU DISTRICT - 571 218.

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MR. M. A. RAMESH SON OF LATE AIYANNA AGED ABOUT 65 YEARS ADVOCATE BOLLUMADU VILLAGE POST KODAGU DISTRICT - 571 218.

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2 - NC: 2024:KHC:38162 WP No. 28324 of 2015 C/W WP No. 28233 of 2015 WP No. 24444 of 2016

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MR. K. W. GANAPATHI SON OF LATE UTHAPPA AGED ABOUT 56 YEARS DEVANGA STREET VIRAJPET POST

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KODAGU DISTRICT - 571 218.

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MR. C. K. GANAPATHI SON OF LATE KUSHALAPPA AGED ABOUT 62 YEARS MOGGULA VILLAGE AND POST VIRAJPET KODAGU DISTRICT - 571 218.

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MR. K. M. CHARMANNA SON OF LATE MADAPPA AGED ABOUT 67 YEARS TELUGU STREET VIRAJPET POST KODAGU DISTRICT - 571 218.

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MR. K. P. NAGARAJ SON OF LATE KUTTAIAH AGED ABOUT 63 YEARS KANNAGALA VILLAGE AMMLLI VONTIANGADI POST SOUTH KODAGU - 571 211 (PETITIONERS ARE NOT CLAIMING SENIOR CITIZEN BENEFIT)

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…PETITIONERS

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(BY SRI PONNANNA M.B., ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BANGALORE - 560 001 REP. BY ITS PRINCIPAL SECRETARY.

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3 - NC: 2024:KHC:38162 WP No. 28324 of 2015 C/W WP No. 28233 of 2015 WP No. 24444 of 2016

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THE MYSORE COFFEE PROCESSING CO-OPERATIVE SOCIETY LIMITED K R S ROAD, YADAVAGIRI MYSORE - 570 020.

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REP. BY DEPUTY REGISTRAR.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1 ALI ASKAR ROAD BANGALORE - 560 001.

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THE LIQUIDATOR CUM DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DISTRICT MYSORE - 570 020.

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THE ADDITIONAL DIRECTOR OF CO-OPERATIVE SOCIETIES (CONSUMER AND MARKETING) MYSORE SUB DIVISION MYSORE - 570 020.

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…RESPONDENTS

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(BY SRI S.H. RAGHAVENDRA., AGA FOR R1, R3 AND R5 SRI P. ANAND., ADV. FOR R4 R2 IS SERVED BUT UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO APPOINTMENT OF ADMINISTRATOR AND WINDING UP OF R-2 SOCIETY BY THE R- 3 & R-4 AND AFTER GOING THROUGH THE PROPRIETY OR SET ASIDE THE ORDER DTD.28.12.1999 PASSED BY THE ADDITIONAL REGISTRAR OF CO.OPERATIVE SOCIETY VIDE ANNEX-B AND ETC,.

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IN WP NO. 28233/2015

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BETWEEN:

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4 - NC: 2024:KHC:38162 WP No. 28324 of 2015 C/W WP No. 28233 of 2015 WP No. 24444 of 2016

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B.S. SUDEEP S/O. B D SOMASHEKAR, AGED 61 YEARS BELLUR ESTATE, BELLUR POST, SOMAVARPET, MINERVA CIRCLE.

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K K APPACHU AGED ABOUT 75 YEARS KARIAPPA, KARMADU VILLAGE, AMMATHI POST, KODAGU

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(SENIOR CITIZENSHIP NOT CLAIMED)

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S P SULOCHANA W/O PRASANNA, AGED 63 YEARS PLANTER MANJUNATHA ESTATE, SOMAVARPET, KODAGU.

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...PETITIONERS

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(BY SRI MRINAL KUTTAPPA., ADV. FOR

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SRI ARNAV A. BAGALWADI., ADV.)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF COOPERATION, BY ITS PRINCIPAL SECRETARY - 560 001.

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REGISTRAR OF COOPERATIVE SOCIETIES ALI ASKER ROAD, BANGALORE - 560 001.

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MYSORE COFFEE PROCESSING COOPERATIVE SOCIETY LTD., K.R.S ROAD, YADAVGIRI, MYSORE DIST - 570 001.

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5 - NC: 2024:KHC:38162 WP No. 28324 of 2015 C/W WP No. 28233 of 2015 WP No. 24444 of 2016

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BY ITS OFFICIAL LIQUIDATOR

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...RESPONDENTS

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(BY SRI S.H. RAGHAVENDRA., AGA FOR R1 AND R2

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SRI P. ANAND., ADV. FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE DEED AT ANN-C DATED 15.4.2015 AND QUASH AUCTION NOTICE AT ANN-G ISSUED BY THE R-3 DATED 5.6.2015 ISSUED IN THE HINDU NEWSPAPER DATED 7.6.2015 AND ETC,.

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IN WP NO. 24444/2016

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BETWEEN:

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DR H P JAGADISH AGED 66 YEARS S/O PUPPAIHA, BEKALEY VILLAGE, HANDLI POST, SHANIVARESHANTHE - 571 235. MEMBERSHIP NO.1251 SENIOR CITIZENSHIP NOT CLAIMED.

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S B NANJAPPA S/O LATE BASAPPA, AGED 68 YEARS SIRINGALA VILLAGE, HANDLI POST, SHANIVARESHANTHE - 571 235 MEMBERSHIP NO.1136 SENIOR CITIZENSHIP NOT CLAIMED.

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D B SOMAPPA S/O BASAPPA, AGED 70 YEARS ASHOKA ESTATE, DODDALI VILLAGE NIDTHA POST SHANIVARESHANTHE

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6 - NC: 2024:KHC:38162 WP No. 28324 of 2015 C/W WP No. 28233 of 2015 WP No. 24444 of 2016

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MEMBERSHIP NO.1143 SENIOR CITIZENSHIP NOT CLAIMED.

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S P RAJAPPA S/O POOVIAH AGED 65 YEARS MALANBI VILLAGE AND POST SHANIVARESHANTHE MEMBERSHIP NO.1221 SENIOR CITIZENSHIP NOT CLAIMED.

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N MADAPPA S/O BASAPPA, AGED 68 YEARS MADRE VILLAGE, DUNDALI POST, UDAYA RAVI ESTATE, SHANIVARESHANTHE MEMBERSHIP NO.1139

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SENIOR CITIZENSHIP NOT CLAIMED.

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S R SHIVALINGAPPA S/O RAMALINGAPPA, AGED 63 YEARS R/O MADEGODE ESTATE, SHANIVARESHANTHE MEMBERSHIP NO.1251 SENIOR CITIZENSHIP NOT CLAIMED.

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...PETITIONERS

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(BY SRI MRINAL KUTTAPPA., ADV. FOR

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SRI ARNAV A. BAGALWADI., ADV.)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF COOPERATION M.S. BUILDING, BANGALORE BY ITS PRINCIPAL SECRETARY.

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REGISTRAR OF COOPERATIVE SOCIETIES ALI ASKER ROAD,

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7 - NC: 2024:KHC:38162 WP No. 28324 of 2015 C/W WP No. 28233 of 2015 WP No. 24444 of 2016

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BANGALORE - 560 002.

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ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETIES (C &M) ALI ASKER ROAD, BANGALORE.

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MYSORE COFFEE PROCESSING COOPERATIVE SOCIETY LTD., K.R.S.ROAD, YADAVGIRI MYSORE DIST - 570 001. BY ITS OFFICIAL LIQUIDATOR.

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...RESPONDENTS

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(BY SRI S.H. RAGHAVENDRA., AGA FOR R1 TO R3

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SRI P. ANAND., ADV. FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE DEED AT ANNX-B DT.15.4.2015 AND SALE DEED 18.5.2013 AT ANNX-B1 AND QUASH ANNX-D DT.28.12.1999 AND ETC,.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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8 - NC: 2024:KHC:38162 WP No. 28324 of 2015 C/W WP No. 28233 of 2015 WP No. 24444 of 2016

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CORAM: HON'BLE MR JUSTICE K V ARAVIND

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ORAL ORDER

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Heard Sri Ponnanna M.B., learned counsel for the petitioners in Writ Petition No.28324/2015. Sri Mrinal Kuttappa, learned counsel for Sri Arnav A. Bagalwadi, learned counsel for petitioners in Writ Petition No.28233/2015 and 24444/2016, Sri S.H. Raghavendra learned Additional Government Advocate for respondentsState and Sri P. Anand, learned counsel for respondentMysore Coffee Processing Cooperative Society Ltd,.

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The issues raised in the above writ petitions are

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inter connected. The common submissions are made by learned counsel for the parties.

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Three writ petitions are disposed of with the

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common order.

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The petitions with the following prayers;

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“In Writ Petition No.28324/2015:

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(a) call for records pertaining to appointment of administrator and winding up of Second Respondent Society by the Third and Fourth Respondents and after going through the

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NC: 2024:KHC:38162 WP No. 28324 of 2015 C/W WP No. 28233 of 2015 WP No. 24444 of 2016

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propriety or otherwise, issue any other writ or writs, order or orders by set aside the Order dated 28.12.1999 bearing No.PRSC/PMC/6/99-2000 passed by the Additional Registrar of Co.operative Society as per Annexure-B.

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(b) issue writ of certiorari quashing the Communication dated 03.03.2015 bearing No.Co23/SMS/2015 issued by the First Respondent proposing to set up a Cooperative Academy by selling 5 acres of land of the Second Respondent Society as per Annexure-F.

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(c) Issue writ of certiorari quashing the e- Auction cum e-Tender notification bearing No.MCPCS Ltd/LQD/01/2015-16 dated 15.06.2015 as per Annexure-G1, G2 and G3 issued by the Fourth Responent proposing to sell the land measuring 5 acres in Survey No.214 and 215 D No.19/1, located at KRS Road, Yadavagiri, Mysore-570 00 scheduled to be held between 06^th July 2015 and 15^th July 2015.

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(d) Issue writ of Mandamus directing the Respondents to initiate action to revive the Second Respondent Society in accordance with law by conducting general meeting and appointing the Managing Committee to the Second Respondent Society and pass such other order or others as this Hon’ble Court deem fit to grant in the circumstances of the case.

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(e) Issue writ of Mandamus or any such other writ or writs directing the Respondents to restore the properties and assets of the Second Respondent Society.

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(f) Pass such other order of orders issue such other writ or writs as this Hon’ble Court may

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10 -

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NC: 2024:KHC:38162 WP No. 28324 of 2015 C/W WP No. 28233 of 2015 WP No. 24444 of 2016

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deem fit under the facts and circumstances of the case in the interest of justice and equity.

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Writ Petition No.28233/2015:

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(a) Issue a Writ in the nature of certiorari quashing the sale deed at Annexure-C dated 15.04.2015.

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(b) Issue a writ in the nature of certiorari quashing Auction notice at Annexure-G issued by the respondent No.3 in No.MCPCS LTD/LQD/01/2015-16 dated 05.06.2015 issued in the HINDU newspaper dated 7.6.2015.

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(c) Issue in the nature of mandamus directing the respondent No.1 and 2 to revive the respondent No.3 society and to hand the over the affairs of the society to the elected managing committee.

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(d) Issue such other appropriate writ, order or direction as this Hon’ble court deems fit under the circumstances of the case in the interest of justice and equity.

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Writ Petition No.24444/2016:

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(a) Issue a writ in the nature of certiorari quashing the sale deed at Annexure B dated 15.4.2015 and sale deed 18.5.2013 at Annexure B1.

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(b) Issue a writ in the nature of certiorari quashing Annexure D dated 28.12.1999 in NO PRS-1:PMC:6:99-2000.

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(c) Issue a writ in the nature of certiorari quashing Annexure K dated 2.11.2015 in NO SASANI/SAMAPANE/40/2015-16.

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(d) To strike down Rule 24A of Karnataka Cooperative societies Rule 1960 as illegal, arbitrary and unconstitutional.

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11 - NC: 2024:KHC:38162 WP No. 28324 of 2015 C/W WP No. 28233 of 2015 WP No. 24444 of 2016

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(e) Issue in the nature of mandamus directing the respondent No.1 to 3 to revive the respondent No.4 society and to hand over the affairs of the society to the elected managing committee.

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(f) Issue such other appropriate writ, order or direction as this Hon’ble court deems fit under the circumstances of the case in the interest of justice and equity.”

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The grievance in Writ Petition No.28324/2015 is

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the order of winding up dated 28.12.1999 at Annexure-B

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passed by the Additional Registrar of Co-operative Societies. The prayers in Writ Petition No.28324 and connected matter are consequential.

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Sri P. Anand learned counsel places the order dated 26.12.2023 passed by the Registrar of Co-operative Societies. The Registrar of Co-operative Societies has ordered to revivie the Co-operative Society and Special Officer is appointed. It is further submitted that conducting of elections to the Co-operative Society is under consideration.

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Sri S.H. Raghavendra learned Additional

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Government Advocate would submit that the order to

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12 -

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NC: 2024:KHC:38162 WP No. 28324 of 2015 C/W WP No. 28233 of 2015 WP No. 24444 of 2016

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revive would address the grievances raised in all the three writ petitions. It is submitted that the elections would be considered at the earliest.

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Considered the submissions made by learned

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counsels for the parties and perused the writ papers.

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This Court perused the impugned order at Annexure-B as well as order to revive dated 26.12.2023 by Registrar of Co-operative Societies.

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In light of the aforesaid developments, the

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grievances no longer survives for consideration.

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Accordingly, writ petitions are disposed of.

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In view of disposal of the petitions, the interlocutory application(s) if any, would not survive and stands accordingly disposed of.

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Sd/(K V ARAVIND) JUDGE

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DDU

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List No.: 1 Sl No.: 3

Mr K M Somaiah v. State of Karnataka

Case brief

What is this about?

What the court decided

Mr K M Somaiah v. State of Karnataka

Case brief

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What the court decided

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