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 NOS.51531 TO 51539 OF 2013 (CS-RES) BETWEEN:
1. SMT.SIDDAGANGAMMA W/O K.G.RUDREGOWDA AGED ABOUT 55 YEARS 2. SMT.PREMA, W/O K.S.HONNAPPA AGED ABOUT 53 YEARS 3. SMT.BHADRAMMA W/O BASAVARAJU AGED ABOUT 54 YEARS 4. SMT.MANGALAGOWRAMMA W/O CHANDRASHEKARAIAH AGED ABOUT 45 YEARS 5. SMT.MAHADEVAMMA W/O MARULASIDDAIAH AGED ABOUT 49 YEARS 6. SMT.GANGAMMA W/O ESHWARAIAH AGED ABOUT 55 YEARS 7. SMT.SHARADAMMA W/O LATE SHIVARUDRAIAH AGED ABOUT 58 YEARS 8. SMT.SIDDAGANGAMMA W/O LATE GANGANNA AGED ABOUT 58 YEARS 9. SMT.RUDRAMMA W/O SHIVASHANKARAPPA AGED ABOUT 48 YEARS PETITIONER NO.1 IS THE PRESIDENT AND PETITIONERS NO.2 TO 9 ARE THE DIRECTORS KARIMANNE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, KARIMANNE VILLAGE HEGGUNDA POST, SOMPURA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT – 562 111 … PETITIONERS (BY SRI. G.CHANDRASHEKARAIAH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPT. OF COOPERATION GOVERNMENT OF KARNATAKA 6TH FLOOR, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI BANGALORE – 560 001 2. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (INDUSTRIAL AND DAIRY) NO.1, ALI ASKAR ROAD BANGALORE – 560 052 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE RURAL DISTRICT MALLESHWARAM CO-OPERATIVE SOCIETY BUILDING MARGOSA ROAD, MALLESHWARAM, BANGALORE – 560 003 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES DODDABALLAPURA SUB-DIVISION DODDABALLAPURA BANGALORE RURAL DISTRICT – 561 203 5. KARIMANNE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED KARIMANNE VILLAGE, HEGGUNDA POST SOMPURA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT – 562 111 REPTD. BY ITS SECRETARY 6. THE ROUTE SUPERVISOR BANGALORE MILK UNION NELAMANGALA CAMP AND THE SPECIAL OFFICER KARIMANNE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED KARIMANNE VILLAGE, HEGGUNDA POST SOMPURA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT – 562 111 …RESPONDENTS (BY SRI LAXMINARAYAN, AGA FOR R1 TO R4 R5 & R6 ARE SERVED) - - -
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order passed by the 4th respondent – the Assistant Registrar of Co-operative Societies, Doddaballapura Sub-Division, Doddaballapura, Bangalore Rural District on 29.10.2013 on his file at Annexure- A and etc., These Writ Petitions coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Learned counsel for the petitioners files a memo seeking permission to dispose of the writ petitions and also seeking liberty to file an appeal under Section 106 of the Karnataka Co-operative Societies Act, 1959. Same is taken on record.
2. According to the petitioners, they are challenging the order of 4th respondent – Assistant Registrar of Co- operative Societies in disqualifying them to hold the office of President and Directors for 5th respondent – Society for a period of 5 years. According to them, said order is appealable before the 3rd respondent.
3. Their further grievance is that the order of disqualification has come into force at the instance of 3rd respondent. Hence, they did not choose to file the appeal before him since he was the person who was responsible or instrumental in issuing the order of disqualification. Accordingly, they state that writ petitions were filed and it is now stated that there is new incumbent to the office of 3rd respondent i.e. the Deputy Registrar of Co-operative Societies. Therefore, they may be permitted to approach the 3rd respondent by filing an appeal.
4. Accordingly, writ petitions are disposed of reserving liberty to the petitioners to approach the 3rd respondent by filing an appeal, subject to limitation Sd/- JUDGE RV