Giriraja M R Vs Deputy Registrar of Co-Operative Societies

DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES THE OFFICE OF THE DEPUTY-REGISTRAR OF CO-OPERATIVE SOCIETIES, FIRST FLOOR 'SAHAKARA BHAVAN', SHIVAMOGGA DISTRICT - 577 201

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ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES FIRST FLOOR, 'SAHAKARA BHAVAN' SHIVAMOGGA DISTRICT - 577 201

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CO-OPERATIVE DEVELOPMENT OFFICER OFFICE OF CO-OPERATIVE DEVELOPMENT OFFICER BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 301

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THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER SIR M. V. ROAD, SAVALANGA ROAD SHIVAMOGGA DISTRICT - 577 201

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RAITARA SEVA SAHAKARA SANGA NIYAMITHA HOLEHONNUR POST BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 227 REP. BY ITS CHIEF OPERATING OFFICER

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…RESPONDENTS

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(BY SRI.YOGESH D. NAIK, AGA FOR R1 TO R4)

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THIS REVIEW PETITION IS FILED UNDER SECTION.114 R/W ORDER 47 RULE 1 OF CPC 1908, PRAYING TO REVIEW THE ORDER DATED 14.03.2025 PASSED BY THIS HONBLE COURT IN WP NO. 17799/2024. THE ABOVE PETITION CAME UP FOR ORDERS ON 14.03.2025 BEFORE THE HONBLE MR.

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NC: 2026:KHC:8649 RP No. 174 of 2025

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HC-KAR

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JUSTICE SURAJ GOVINDARAJ, AND THE PETITION WAS DISPOSED.

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THIS PETITION, COMING ON FOR ADMISSION, 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 Cour seeking for the following reliefs:

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“A. Review the order dated 14.03.2025 passed by this Hon'ble Court in W.P. No. 17799/2024;

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B. Grant such other relief/s that this Hon'ble Court may deem fit, in the facts and circumstances of the case, in the interest of justice and equity.”

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The above review petition has been filed mainly on the condition that the hierarchy of Authorities/officers as provided by the Karnataka Cooperative Societies Act, 1959 (hereinafter referred to as the ‘KCS Act’ for short) would not permit the petitioner to raise a dispute under Section 70(2)(d) of the KCS Act. Inasmuch as the Deputy Registrar having issued the impugned order, the dispute under Section 70(2)(d) of the KCS Act would have to be

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NC: 2026:KHC:8649 RP No. 174 of 2025

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HC-KAR

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raised before an Authority lower in rank, namely the Assistant Registrar of Co-operative Societies. Hence, the submission made is that due to the hierarchical difference in this peculiar circumstance, the order passed on 14.03.2025 is required to be reviewed.

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Sri. Yogesh D. Naik, learned AGA for the respondents, does not dispute the said peculiar facts and situation; however, he submits that if AnnexureQ is read down as a show cause notice, an enquiry will be conducted by the Assistant Registrar of Cooperative Societies, and if at all the petitioner were to be aggrieved by such an enquiry, a dispute could be raised under Section 70(2)(d) of the KCS Act before the Assistant Registrar of Co-operative Societies, which will not impinge upon the hierarchy of officers.

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The said Submission of learned AGA for respondents answers the grievance of the petitioner.

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5 - NC: 2026:KHC:8649 RP No. 174 of 2025

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HC-KAR

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In that view of the matter, I pass the following:

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ORDER

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1. Review petition is allowed .

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1. The order dated 14.03.2025 in W.P.No.17799/2024 is reviewed in terms of the above and the following modified order is passed.

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a) The impugned order dated 24.03.2022 passed by the Deputy Registrar of Co-operative Societies, Shivamogga at Annexure-Q to W.P.No.17799/2024 is read down as a show cause notice.

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