Sri Yakub Saheb v. the Authorized Officer
Case brief
What is this about?
Writ petition (certiorari/mandamus) dismissing challenge to recovery pursuant to award; ex-parte order in Dispute No.92/2025-26 dated 02.09.2025 (Annexure-A) by Assistant Registrar of Co-operative Society, Kundapura Sub-Division; alternative and efficacious remedy under Sections 105 and 106, Karnataka Co-operative Societies Act, 1959; dismissal with liberty to appeal; benefit of Section 14, Limitation Act, 1963 if appeal preferred; interim stay of 27.01.2026 conditional on Rs.2 lakhs deposit continued for six weeks; appellate authority to decide lis uninfluenced by observations; Sastan Co-operative Agricultural Society Ltd., Udupi; Articles 226 & 227 Constitution of India.
What did the court decide?
Liberty reserved to the petitioners to avail the alternative remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959; entitlement to the benefit of Section 14 of the Limitation Act, 1963 if an appeal is preferred; continuation of the interim order dated 27.01.2026 for a further period of six weeks; appellate authority to decide uninfluenced by the observations in the order.