Disposed

Mattikote Ashraya Plot Halu Utpadakara Mahila Sahakari Society Ltd., v. Assistant Registrar of Co-Operative Societies

Karnataka HC10 Dec 2024WP/9637/2021

Case brief

AI extract

What is this about?

A women's co-operative society challenged rejection of its membership in the federal milk union via writ petition. The court held an appeal under Section 105A of the Karnataka Co-operative Societies Act was an alternative efficacious remedy and disposed of the petition with liberty to avail that remedy.

What the court decided

AI extract

Mattikote Ashraya Plot Halu Utpadakara Mahila… — Cooperative Societies | Karnataka HC (2024)

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1 - NC: 2024:KHC:51165 WP No. 9637 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9637 OF 2021 (CS-RES)

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BETWEEN:

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MATTIKOTE ASHRAYA PLOT HALU UTPADAKARA MAHILA SAHAKARI SOCIETY LTD., MATTIKOTE, SHIKARIPURA TALUK, SHIVAMOGGA - 577 427, REPRESENTED BY SECRETARY, SMT. VEENA, W/O REVANA SIDDAPPA, AGED ABOUT 37 YEARS.

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…PETITIONER

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(BY SRI. S.R. HEGDE HUDLAMANE, ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, 1ST FLOOR, RTO ROAD,

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SHIVAMOGGA DISTRICT - 577 427.

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MANAGING DIRECTOR, SHIVAMOGGA MILK UNION AND SHIVAMOGGA SAHAKARI HALU UTPADAKARA SANGHA LTD., MACHENAHALLI, NIDIGI POST, SHIVAMOGGA TALUK AND DISTRICT - 577 427.

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REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASHOK ROAD,

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NC: 2024:KHC:51165 WP No. 9637 of 2021

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BENGALURU - 560 052.

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MATTIKOTE MILK PRODUCERS WOMEN'S CO-OP SOCIETY LTD., MATTIKOTE, SHIJARIPURA TALUK, SHIVAMOGGA DISTRICT - 577 427, REPRESENTED BY ITS SECRETARY.

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…RESPONDENTS

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(BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R3; SRI. DAYANAND S. PATIL, AGA FOR R2; SRI. CHIDAMBARA G.S, ADVOCATE FOR R4)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER/ENDORSEMENT DATED 06.02.2021 ISSUED BY THE R-2 VIDE ANNX-J AND CONSEQUENTLY DIRECT THE R- 1 TO ACCORD PERMISSION TO PETITIONER SOCIETY TO SUBMIT AMOUNT OF SHARES AND IT HAS TO BE COLLECTED BY THE R-2 AND PERMITS PETITIONER SOCIETY TO PROCURE MILK IN MATTIKOTE ASHRAYA PLOT AND SUPPLY INTO THE R- 2 AND ETC.,

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

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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NC: 2024:KHC:51165 WP No. 9637 of 2021

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ORAL ORDER

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The petitioner is before this Court seeking for following reliefs:

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"a. Quash the impugned order/endorsement dated 06.02.2021 issued by the 2^nd Respondent at No. SHIDACHISAHAO-SHEMATAM-773/2020-21 produced as ANNEXURE-J by issuing writ of Certiorari and or any appropriate writ or order as the case may be.

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b. And consequently direct the 1^st Respondent to accord permission to Petitioner Society to submit amount of shares and it has to be collected by the 2^nd Respondent and permit Petitioner Society to procure milk in Mattikote Ashraya Plot and supply into the 2^nd Respondent by issuing writ of Mandamus or any other appropriate writ or order.

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c. Direct the 1st Respondent to accord permission to the Petitioner Society to collect shares and to collect and supply milk to the 2^nd Respondent by issuing writ of Mandamus or any writ or order as the case may be.

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d. Issue such other incidental relief which may be deemed fit on the facts and circumstances of the case and also for cost."

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The petitioner is aggrieved by respondent No.2Federal Society rejecting the membership of the petitioner to the Federal Society.

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Learned counsel for the respondents submits that the petitioner has an alternative efficacious remedy in terms of Section 105A of the Karnataka

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NC: 2024:KHC:51165 WP No. 9637 of 2021

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Co-operatives Societies Act, 1959, if the petitioner is aggrieved by rejection of the membership.

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Learned counsel for the petitioner would submit that 105A would not be applicable as regards the membership to the Union/Federal Society but only to a primary Co-operatives Society. Section 16 of the Karnataka Co-operatives Societies Act 1959, provides for persons who can become members. Clause (B) of Sub-Section (1) of section 16 indicates that a Co-operatives Society could be a member of another Co-operatives Society, this Co-operatives Society becoming a member of another Cooperatives Society is in relation to a Federal Society or a Union. Thus, Clause (B) of Sub-Section (1) of Section 16 including recognizing a Co-operatives Society to be a member of another Co-operatives Society.

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Section 105A deals with an application made as per SubSection (3) of Section 16, which refers to any person seeking admission which would include a Co-

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5 - NC: 2024:KHC:51165 WP No. 9637 of 2021

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operative Society in terms of Clause (B) of Subsection (1) of Section 16, the remedy available on account of rejection of an application for membership would be an appeal under Section 105A. Hence, the petitioner having an alternative efficacious remedy in terms of the said appeal. The petition stands disposed , reserving liberty to the petitioner to avail of such alternative efficacious remedy.

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SD/(SURAJ GOVINDARAJ) JUDGE

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TMP List No.: 1 Sl No.: 53 CT: BHK

Mattikote Ashraya Plot Halu Utpadakara Mahila Sahakari Society Ltd., v. Assistant Registrar of Co-Operative Societies

Case brief

What is this about?

What the court decided

Mattikote Ashraya Plot Halu Utpadakara Mahila Sahakari Society Ltd., v. Assistant Registrar of Co-Operative Societies

Case brief

What is this about?

What the court decided

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