Sri.N.B.Marathe, v. the State of Karnataka and Ors.
Case brief
What is this about?
Suo motu inquiry under Section 64 Karnataka Co-operative Societies Act 1959; recovery order under Section 68 dated 26.09.2017 by Joint Registrar Kalaburagi Division; dairy farmer incentive scheme Rs.4 per litre (G.O. dated 14.05.2013); milk procurement from border-State villages through non-existent societies Pratapur (B), Ummapur (B), Mantal (B) and an agent; bias of Enquiry Officer (Deputy Registrar, Bidar); locus standi of complainants under Section 64(2)(a)-(c); alternative remedy appeal under Section 106; Full Bench Bangalore Grain Merchants Association 2001 (1) KCCR 292; violation of Section 28(a)(1) and Rule 14AK(7); writ petitions dismissed; High Court of Karnataka Kalaburagi Bench; Justice R. Nataraj; Sugur (K) Milk Producers Co-operative Society; GUMUL KMF; NC: 2025:KHC-K:1553.
What did the court decide?
Following the Full Bench decision in Bangalore Grain Merchants Association, the Registrar/Joint Registrar is entitled to exercise suo motu power under Section 64(1) based on information received, provided the exercise is independent; here respondent No.3 applied his mind to the allegations before ordering the enquiry, so the exercise of power is traceable to Section 64(1) and the petitioners' contention that respondent No.3 lacked power to institute the enquiry is rejected.