Disposed¶31

Govinda K v. Vs the State of Karnataka

Karnataka HC3 Apr 2025WP/25734/2024

Case brief

AI extract

What is this about?

Co-operative society employee dismissal; board resolution dated 03.08.2024; communicated letter dated 06.08.2024; Karnataka Co-operative Societies Act, 1959 - Section 17 (appealability) and Section 70(2)(d) (dispute); alternative statutory remedy; writ of certiorari and mandamus; representation dated 20.08.2024 to Assistant Registrar of Co-operative Societies; Kelluru Primary Agriculture Credit Co-operative Society Ltd.; writ petition disposed of with liberty reserved.

What did the court decide?

Liberty reserved to the petitioner to raise a dispute under Section 70(2)(d) of the Act of 1959; the prayers for quashing the board resolution/communicated letter and for mandamus on the representation were not granted, the writ petition being disposed of. ¶31

Govinda K v Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:14041 WP No. 25734 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25734 OF 2024 (CS-RES)

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BETWEEN:

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GOVINDA K V, S/O VENKATESHA GOWDA, AGED ABOUT 40 YEARS, KELLURU VILLAGE AND POST, RAVANDUUR HOBLI, PERIYAPATTANA TALUK, MYSURU - 571 008.

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…PETITIONER

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(BY SRI. SANDESH T B., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY.

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, HUNSUR SUB-DIVISION, PERIYAPATTANA TALUK, MYSURU DISTRICT - 571 008.

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KELLURU PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., KELLURU VILLAGE AND POST, RAVANDURU HOBLI, PERIYAPATTANA TALUK, MYSURU DISTRICT - 571008, REPRSENTED BY ITS CEO.

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…RESPONDENTS

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(BY SRI YOGESH D NAIK, AGA FOR R1 & R2, SRI PRATHEEP K C, ADVOCATE FOR R3)

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2 - NC: 2025:KHC:14041 WP No. 25734 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE BOARD RESOLUTION DTD 03.08.2024 AND FURTHER COMMUNICATED LETTER DTD 06.08.2024 PASSED BY THE R-3 VIDE ANNEXURE-G AND H DIRECT THE R-2 CONSIDERED THE REPRESENTATION DTD 20.08.2024 VIDE ANNEXURE-J.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is before this Court seeking for the

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following reliefs:

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"(i) Issue a writ of certiorari quashing the board resolution dated 03.08.2024 and further communicated letter dated 06.08.2024, passed by the respondent No.3 vide Annexure-G and H.

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(ii) Issue a Writ of Mandamus directing the respondent No.2 considered the representation dated 20.08.2024 vide Annexure-J

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(iii) Pass such other orders as may be appropriate in facts and circumstances of the case, in the ends of justice and equity ."

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Essentially, what has been questioned is the

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resolution dated 03.08.2024 by virtue of which the petitioner was dismissed from service from respondent No.3 - Society. The said lis is appealable

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3 - NC: 2025:KHC:14041 WP No. 25734 of 2024

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in terms of Section 17 of Karnataka Co-operative Societies Act, 1959 (for short 'Act of 1959'). In so far as such a dispute is concerned, the same can be raised under Section 70(2)(d) of the Act of 1959 reserving liberty to the petitioner to raise such a dispute.

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Accordingly, the Writ Petition stands disposed of .

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Sd/(SURAJ GOVINDARAJ) JUDGE

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GVP

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List No.: 1 Sl No.: 26

Govinda K v. Vs the State of Karnataka

Case brief

What is this about?

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Govinda K v. Vs the State of Karnataka

Case brief

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