IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOS.4986-4988/2016 & 6118-6121/2016(CS-RES) BETWEEN 1. PRAMEELA SHETTY, AGED 53 YEARS, W/O LATE B.SADANANDA SHETTY, 2. SUSHMITHA SHETTY, AGED 30 YEARS, D/O LATE B.SADANANDA SHETTY, 3. SUJESH SHETTY, AGED 29 YEARS, S/O LATE B.SADANANDA SHETTY, ALL ARE RESIDING AT , BOLA KORADELU, BOLA VILLAGE AND POST – 574 110, KARKALA TALUK, UDUPI DISTRICT. …PETITIONERS (BY SRI A.KESHAVA BHAT, ADVOCATE) AND :
1. BOLA VYAVASAYA SEVA SAHAKARI SANGHA LTD., BOLA, BOLA VILLAGE, , KARKALA TALUK, UDUPI DISTRICT – 574 110, REP. BY ITS CHIEF EXECUTIVE OFFICER.
2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KUNDAPURA SUB-DIVISION, KUNDAPURA – 576 224, UDUPI DISTRICT.
3. THE SALE OFFICER, BOLA VYAVASAYA SEVA SAHAKARI, SANGHA LTD., BOLA – 574 110, KARKALA TALUK, UDUPI DISTRICT. …RESPONDENTS (BY SRI K.CHANDRANATH ARIGA, ADVOCATE FOR R1, SRI LAKSHMINARAYAN, AGA FOR R2, R3 –SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 24.01.2012 PASSED IN DISPUTE NO.489/2011-12 (ABJ APPLICATION NO.1/2011-12 ON THE FILE OF R-2 ARCS, KUNDAPURA AT ANNEXURE-K AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The respondents in Dispute Nos.489, 402, 403, 488 and 489 of 2011-12, Case Nos.2/2012-13 and 1/2013-14 on the file of 2nd respondent – Assistant Registrar of Cooperative Societies, Kundapura, have come up in these petitions challenging the award passed in the aforesaid proceedings. So far as the Dispute No.489/2011-12 is concerned, what is challenged besides the award is order dated 4.4.2014 for attachment of properties belonging to the petitioners, which is at Annexure-K.
2. It is seen that against the awards passed in Dispute Nos.489, 402, 403, 488 and 489 of 2011-12, Case Nos.2/2012-13 and 1/2013-14, an appeal provision is provided under Section 105 of the Karnataka Cooperative Societies Act, 1959. In fact, before filing these writ petitions the very same writ petitioners had filed WP.No.7603/2014 (CS-RES) challenging the award passed by the Assistant Registrar of Cooperative Societies dated 6.12.2013 in Dispute No.401/2011-12. However, when the said writ petition came up for consideration before this Court, on 6.3.2014 this Court dismissed the said writ petition with an observation that the petitioners in said writ petition, who are petitioners herein have an alternate remedy, which they can avail by preferring an appeal before the Karnataka Appellate Tribunal. While disposing of aforesaid writ petition, this Court had kept open all the contentions which were raised in the writ petition to be urged in the appeal to be filed before the Appellate Tribunal. It is seen that said order of the Coordinate Bench of this Court dated 6.3.2014 is accepted by the petitioners and no appeal is filed.
3. In that view of the matter, these writ petitions also being on similar lines, this Court find that no justifiable grounds are made out to entertain these writ petitions when alternate remedy is available to the petitioners in filing an appeal before the Karnataka Appellate Tribunal by invoking Section 105 of the Karnataka Cooperative Societies Act, 1959. Accordingly, reserving such liberty to the petitioners herein, these writ petitions are dismissed. All contentions are kept open to be agitated before the Karnataka Appellate Tribunal in the appeals to be filed by the petitioners.
In view of the writ petitions being dismissed registry is directed to return all the certified copies after securing Xerox copies of the same attested by the learned counsel for the petitioners.
In view of the dismissal of writ petitions, IA.3/2016 filed seeking vacating stay and IA.4/2016 filed seeking to raise additional grounds do not survive for consideration.
Sd/- JUDGE nd/-