IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.43125 OF 2017 (CS-RES) BETWEEN:
N.MAHANANDAPPA S/O. N. YERISWAMY, AGED ABOUT 65 YEARS DOOR NO. 207, WARD NO. 9, 3RD CROSS, PANDURANGA COLONY, ANANTHA SHAYANAGUDI, HOSPET - 583 201.
BELLARY DISTRICT ... PETITIONER (BY SRI S.V.SHASTRI, ADVOCATE) AND:
1. THE CHIEF EXECUTIVE OFFICER SRI. GAYATHRI PATTINA, SOUHARDA SHAKARI NIYAMITA, NO. 325, GAYATHRI BHAVAN, PATEL NAGAR, WARD NO. 03, HOSPET – 583 201 2. THE JOINT REGISTRAR OF CO -OPERATIVE SOCIETIES NO. 246, BETWEEN 17 & 18TH CROSS, MARGOSA ROAD, MALLESWARAM, BANGALORE – 560 055.
3. THE EXECUTIVE OFFICER OF CO OPERATIVE SOCIEITIES NO. 246, BETWEEN 17 & 18TH CROSS, MARGOSA ROAD, MALLESWARAM, BANGALORE – 560 055. ... RESPONDENTS (BY SRI A.VIJAY KUMAR BHAT, ADVOCATE FOR R1 SRI LAXMINARAYAN, AGA FOR R2 AND R3) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the award/Judgment dated 16.05.2017 vide Annexure-D and etc., This Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER The respondent in dispute No.JRD/Ka.Raa.Sau. Sam.Sa.Ni/210/2016-2017 on the file of the Joint Registrar of Co-operative Societies (Rule 441), Sauharda Sahakarigala Dava Panchayathi Court has come in this proceeding impugning an award dated 16.5.2017 wherein it is held that petitioner herein is liable to pay a sum of `6,74,887/- to the 1st respondent Souharda Shakari Niyamita along with interest at 19% p.a. and an additional interest of 2% from the date of award till the date of deposit of entire amount.
2. Admittedly, the said award is subjected to appeal provision under Section 46 of the Karnataka Souharda Sahakari Act, 1997.
3. In that view of the matter, this Court finds that the filing of writ petition is premature and without any right to approach this Court under Article 226 of the Constitution of India. Since the same is filed as an alternate remedy to the appeal provided under Section 46 of the Act, the same cannot be entertained.
4. Accordingly, this writ petition is dismissed as it does not survive for consideration.
5. Since the present writ petition is dismissed as it is not maintainable, the certified copy which is produced at Annexure-D is permitted to be returned to the counsel for the petitioner by receiving Xerox copy of the same.
Sd/- JUDGE RV