Dismissed

Bhagyalakshmi Sahakara Sakkare Karkhane Niyamitha v. Irannagowda S. Patil

Karnataka HC24 Oct 2024WP/76726/2013

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of three connected writ petitions challenging orders dismissing appeals regarding surcharge proceedings under the Karnataka Co-operative Societies Act. Relying on a prior order setting aside a predecessor order, the court held consequent proceedings liable to be rejected and dismissed the writ petitions as devoid of merit.

What did the court decide?

The writ petitions challenging the dismissal of appeals and consequent surcharge proceedings were dismissed as being devoid of merit.

Bhagyalakshmi Sahakara Sakkare Karkhane Niyamitha Vs… — Cooperative Societies | Karnataka HC (2024)

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NC: 2024:KHC-D:15489 WP No. 86202 of 2013 C/W WP No. 76726 of 2013 WP No. 86136 of 2013

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 24^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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WRIT PETITION NO.86202 OF 2013 (CS-RES) C/W WRIT PETITION NO.76726 OF 2013 WRIT PETITION NO.86136 OF 2013

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IN W.P.NO.86202/2013:

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BETWEEN:

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SRI BHAGYALAKSHMI SAHAKARA SAKKARE KARKHANE NIYAMITHA, (SITE: KUPPATAGIRI), KHANAPUR – 591 302, REPRESENTED BY ITS MANAGING DIRECTOR.

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…PETITIONER

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(BY SRI HARISH S. MAIGUR, ADVOCATE)

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Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka

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AND:

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SRI JOCKY F. FERNANDES, EX-DIRECTOR, SRI BHAGYALAKSHMI SSK LTD., AT: MACHIGAD, POST: HALASI, TQ: KHANAPUR, DIST: BELAGAVI – 594 142.

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES AND HEAD QUARTERS ASSISTANT, TO THE COMMISSIONER FOR CANE DEVELOPMENT AND DIRECTOR OF SUGARS, KARNATAKA HOUSING BOARD, "F" BLOCK, 5^TH FLOOR, CBAB COMPLEX, CAUVERY BHAVAN, K.G.ROAD,

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NC: 2024:KHC-D:15489 WP No. 86202 of 2013 C/W WP No. 76726 of 2013 WP No. 86136 of 2013

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BENGALURU – 560 009.

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO - OPERATION, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001.

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…RESPONDENTS

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(BY SRI RAVI S. BALIKAI, ADVOCATE FOR R1; SMT. KIRTILATA R. PATIL, HCGP FOR R2 AND R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT ORDER OR DIRECTIONS IN NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTIONS UNDER ARTICLE 226 AND/OR 227 OF CONSTITUTION OF INDIA BY CALLING FOR RECORDS FROM THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE, IN APPEAL NO. 390/2011 AND AFTER PERUSAL OF THE SAME QUASHING THE IMPUGNED ORDER DATED 19-7-2012 VIDE ANNEXURE-N PASSED IN APPEAL NO. 390/2011 BY THE HON'BLE KAT, BANGALORE AND ETC.,

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IN W.P.NO.76726/2013:

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BETWEEN:

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SRI BHAGYALAKSHMI SAHAKARA SAKKARE KARKHANE NIYAMITHA, (SITE: KUPPATAGIRI), KHANAPUR, REPRESENTED BY ITS MANAGING DIRECTOR.

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…PETITIONER

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(BY SRI HARISH S. MAIGUR, ADVOCATE)

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AND:

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SRI IRANNAGOWDA S. PATIL, AGE: 54 YEARS, EX DIRECTOR, SRI BHAGYALAKSHMI SSK LTD., MAIN POST: KADROLLI, TQ: BAILHONGAL, DIST: BELAGAVI.

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3 - NC: 2024:KHC-D:15489 WP No. 86202 of 2013 C/W WP No. 76726 of 2013 WP No. 86136 of 2013

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES AND HEAD QUARTERS ASSISTANT TO THE COMMISSIONER FOR CANE DEVELOPMENT AND DIRECTOR OF SUGARS, KARNATAKA HOUSING BOARD, “F” BLOCK, 5^TH FLOOR, CBAB COMPLEX, CAUVERY BHAVAN, K.G. ROAD, BANGALORE – 560 009.

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THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, DR. AMBEDAKR VEEDHI, BANGALORE - 560001 REPRESENTED BY ITS SECRETARY.

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…RESPONDENTS

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(BY SRI SHIVARAJ S. BALLOLI, ADVOCATE FOR R1; SMT. KIRTILATA R. PATIL, HCGP FOR R2 AND R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT ORDER OR DIRECTIONS IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTIONS UNDER ARTICLE 226 AND OR 227 OF CONSTITUTION OF INDIA BY CALLING FOR RECORDS FROM THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE, IN APPEAL NO.386/2011 AND AFTER PERUSAL OF THE SAME QUASHING THE IMPUGNED ORDER DATED 19.07.2012 VIDE ANNEXURE – N PASSED IN APPEAL NO.386/2011 BY THE HON’BLE KAT BANGALORE AND ETC.,

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IN W.P.NO.86136/2013:

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BETWEEN:

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SRI BHAGYALAKSHMI SAHAKARA SAKKARE KARKHANE NIYAMITHA, (SITE KUPPATAGIRI), KHANAPUR – 591 302, REPRESENTED BY ITS MANAGING DIRECTOR.

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…PETITIONER

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(BY SRI HARISH S. MAIGUR, ADVOCATE)

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4 - NC: 2024:KHC-D:15489 WP No. 86202 of 2013 C/W WP No. 76726 of 2013 WP No. 86136 of 2013

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AND:

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SRI APPOJAPPA S. SONOLI, EX -CHAIRMAN, SRI BHAGYALAKSHMI SSK LTD., AT POST: BAZAARPETH, KHANAPUR, TQ: KHANAPUR, DIST: BELAGAVI.

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES AND HEAD QUARTERS ASSISTANT TO THE COMMISSIONER FOR CANE DEVELOPMENT, AND DIRECTOR OF SUGARS, KARNATAKA HOUSING BOARD, "F" BLOCK, 5^TH FLOOR, CBAB COMPLEX, CAUVERY BHAVAN, K.G. ROAD, BELGALURU - 560 009.

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THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001.

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…RESPONDENTS

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(BY SRI RAVI S. BALIKAI, ADVOCATE FOR R1; SMT. KIRTILATA R. PATIL, HCGP FOR R2 AND R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF CERTIORARI QUASHING THE ORDER DATED 19.07.2012 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE IN APPEAL NO.388/2011 VIDE ANNEXURE – N AND CONSEQUENTLY ALLOW THE APPEAL AND ETC.,

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THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA

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5 - NC: 2024:KHC-D:15489 WP No. 86202 of 2013 C/W WP No. 76726 of 2013 WP No. 86136 of 2013

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

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All these writ petitions are filed challenging the orders of the Karnataka Appellate Tribunal, Bangalore¹ , wherein, the Tribunal has dismissed the appeals of the petitioner challenging the orders passed by the respondent No.2/Joint Registrar.

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The details of the orders impugned are as follows:

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Sl. Nos.	Writ Petition Numbers	Appeal Numbers before the Tribunal	Dispute Numbers before the Joint Registrar
1.	86202/2013	390/2011	18/2004-05
2.	86136/2013	388/2011	16/2004-05
3.	76726/2013	386/2011	05/2004-05

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The relevant facts leading to the present petitions

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are that the Joint Registrar, Belgaum, was appointed as Enquiry Officer to conduct enquiry regarding allegations of misappropriation made against the Committee of Management, officers and employees of the petitioner Sugar Factory. Thereafter vide order dated 12.03.2004,

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1 Hereinafter referred to as the ‘Tribunal’

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6 - NC: 2024:KHC-D:15489 WP No. 86202 of 2013 C/W WP No. 76726 of 2013 WP No. 86136 of 2013

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the Commissioner for Cane Development and Director of Sugar passed an order under Section 68 of the Karnataka Co-operative Societies Act, 1959² . Pursuant to the enquiry ordered under Section 68 of the Act, the petitioner instituted Surcharge proceedings under Section 69 of the Act in Dispute Nos. 18/2004-05, 16/2004-05 and 05/2004 before the respondent No.2/Joint Registrar. The said proceedings were dismissed vide orders dated 24.02.2010.

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Being aggrieved, the petitioner preferred appeal Nos.390/2011, 388/2011 and 386/2011 respectively before the Tribunal. The Tribunal, vide orders dated 19.07.2012, dismissed the said appeals. Being aggrieved, the present writ petitions are filed.

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Heard the submissions of learned counsel

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Sri.Harish.S.Maigur appearing for the petitioner, learned counsel Sri.Ravi.S.Balikai appearing for respondent No.1 in writ petition Nos.86202/2013 and 86136/2013, learned counsel Sri.Sourabh Mirje for learned counsel Sri.Shivaraj.S.Balloli for respondent No.1 in writ petition

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2 Hereinafter referred to as the ‘Act’

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7 - NC: 2024:KHC-D:15489 WP No. 86202 of 2013 C/W WP No. 76726 of 2013 WP No. 86136 of 2013

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No.76726/2013 as well as learned AGA for respondent Nos.2 and 3 in all the writ petitions.

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Although detailed submissions have been made with respect to the factual context leading to the present writ petitions and the factual circumstances arising there from, suffice to note that, the order dated 12.03.2004, passed under Section 68 of the Act, which preceded the initiation of proceedings under Section 69 of the Act before the respondent No.2/Joint Registrar was the subject matter of revision petition bearing No.CMW/94/CAP/2005 before the Hon’ble Minister of Co-operation, Government of Karnataka, Bangalore. The said revision petition was allowed vide order dated 05.01.2006, wherein, the order dated 12.03.2004, passed by the Commissioner of Cane Development and Director of Sugars was set aside. Being aggrieved by the said order dated 05.01.2006, W.P No.62652/2009 was filed before this Court. This Court, by its orders dated 29.01.2021, dismissed the said writ petition.

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NC: 2024:KHC-D:15489 WP No. 86202 of 2013 C/W WP No. 76726 of 2013 WP No. 86136 of 2013

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Having regard to the fact that the order dated 12.03.2004 passed under Section 68 of the Act has been set aside, the consequent proceedings under Section 69 of the Act are also liable to be rejected.

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In view of the aforementioned, no ground is made

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out by the petitioner to grant relief as sought for in the writ petitions.

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Hence, the above writ petitions are dismissed as being devoid of merit.

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Sd/(C.M. POONACHA) JUDGE

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PMP CT-ASC List No.: 1 Sl No.: 43

Bhagyalakshmi Sahakara Sakkare Karkhane Niyamitha v. Irannagowda S. Patil

Case brief

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Bhagyalakshmi Sahakara Sakkare Karkhane Niyamitha v. Irannagowda S. Patil

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