IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S. N. SATYANARAYANA WRIT PETITION NOS.7450/2019 (CS-RES) & 10183-10207/2019 BETWEEN:
1. SRI BASAVARAJ S/O LATE LAKKEGOWDA, AGED ABOUT 54 YEARS R/AT G. BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 2. SRI.B.B.MAHALINGEGOWDA S/O LATE BORALINGEGOWDA, AGED ABOUT 45 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 3. SRI.B.N.DYAVEGOWDA S/O LATE NINGEGOWDA, AGED ABOUT 48 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 4. SRI. MAHESH B S/O LATE BORANNAGOWDA AGED ABOUT 36 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 5. SMT. MANJULA W/O RAMACHANDRA AGED ABOUT 45 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 6. SMT. RATHNAMMA W/O PUTTAHANUMEGOWDA AGED ABOUT 50 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 7. SRI.B. N. PRAKASH S/O NANJEGOWDA AGED ABOUT 33 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 8. SRI. MANJESH B M S/O LATE MASTHIGOWDA AGED ABOUT 24 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 9. SMT. N.G. VEENA W/O LATE RAMEGOWDA AGED ABOUT 48 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 10. SMT. SHANTHA W/O. LATE NINGEGOWDA AGED ABOUT 43 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 11. SRI. ASHOKA S/O BYREGOWDA AGED ABOUT 33 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 12. SRI. SHIVALINGEGOWDA S/O JAVAREGOWDA AGED ABOUT 35 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 13. SRI KUMAR S/O LATE THIMMEGOWDA AGED ABOUT 45 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 14. SRI. BOREGOWDA S/O LATE BOREGOWDA AGED ABOUT 58 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 15. SRI. DEVARAJA S/O JAVAREGOWDA AGED ABOUT 47 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 16. SMT. KENCHAMMA W/O BYRASHETTI AGED ABOUT 60 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 17. SMT. SUSHEELAMMA W/O KRISHNEGOWDA AGED ABOUT 60 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 18. SMT. PRAMILA W/O CHIKKEGOWDA AGED ABOUT 39 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 19. SMT. SHANTHAMMA W/O PUTTAHANUMEGOWDA AGED ABOUT 42 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 20. SMT. PARWATHI W/O KANTHARAJU AGED ABOUT 45 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 21. SMT. RANGAMMA W/O KRISHNEGOWDA AGED ABOUT 60 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 22. SMT. MOKSHA W/O SURESH AGED ABOUT 42 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 23. SMT. SAROJAMMA W/O JAVAREGOWDA AGED ABOUT 53 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 24. SMT. MALLAMMA W/O HANUMEGOWDA AGED ABOUT 53 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 25. SMT. NAGAMMA W/O HANUMEGOWDA AGED ABOUT 52 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 26. SMT. JAYAMMA W/O LATE KRISHNEGOWDA AGED ABOUT 60 YEARS R/AT G BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 (BY SRI. VIGHNESHWAR S. SHASTRI, ADV.) AND 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO CO-OPERATION DEPARTMENT, M.S.BUILDING, BENGALURU-560001 ... PETITIONERS 2. REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, BENGALURU-560001 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION, MYSURU-570001 4. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES HASSAN DIVISION, HASSAN-571187 5. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HASSAN SUB-DIVISION, HASSAN-571187 6. KARNATAKA CO-OPERATIVE MILK PRODUCERS’ FEDERATION LIMITED., NO.2915, KMF COMPLEX, D.R.COLLEGE POST, DR.M.H.MARIGOWDA ROAD, BENGALURU-560029 REP BY ITS MANAGING DIRECTOR 7. HASSAN CO-OPERATIVE MILK PRODUCERS’ FEDERATION LIMITED., INDUSTRIAL ESTATE, B.M.ROAD, HASSAN-583201 REP. BY ITS MANAGING DIRECTOR 8. HAALU UTPADAKARA MAHILA SAHAKARA SANGHA NIYAMITHA, G BYADARAHALLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573111 REP. BY ITS SECRETARY ... RESPONDENTS (BY SRI. A. K. VASANTH, GA FOR R1 TO R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.11.2018 PASSED BY R-5 AS PER ANNEXURE-K AND CERTIFICATE OF REGISTRATION ISSUED BY R-5 AS PER ANNEXURE-L; DIRECT THE R-1 TO 7 TO ESTABLISH NEW MILK PRODUCERS CO-OPERATIVE SOCIETY IN G.BYADARAHALLI, BAGURU HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT BY FOLLOWING DUE PROCESS OF LAW.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners herein are residents of G.Byadarahalli Village, Baguru Hobli, Channarayapatna Taluk, Hassan District. Their grievance is that the respondent No.5 – Assistant Registrar of Co-operative Societies, Hassan Sub-Division has passed an order on 22.11.2018 in proceedings No.SANEE28/RSR/JOG/50910/2018-19 and consequently issued certificate of registration vide Annexure-L and permitted the constitution of respondent No.8 which is predominated by the female members of the same village.
2. The grievance of the petitioners is that respondent No.5, in the first place, ought not to have permitted the women folk of their village to start Haalu Utpadakara Mahila Sahakara Sangha Niyamitha in G.Byadarahalli. According to them, no meeting of grama sabha was held on 23.06.2014 in the manner in which it was required to be conducted, inasmuch as, no opportunity was given to men folk of the said village to participate in the meeting and it is also contended that only a few members of the village have joined together to constitute respondent No.8 - Society which is contrary to the guidelines issued by respondent No.6 – KMF.
3. However when this Court called upon the learned counsel for the petitioners to demonstrate what are the deviations that are committed by respondent No.8 while constituting itself into a Haalu Utpadakara Sangha, learned counsel for the petitioners has no material to support the allegation which is made in the writ petition as one of the grounds to oppose the registration certificate issued by respondent No.5 in accepting the constitution of respondent No.8. When the entire writ petition is seen, it is nothing but a disgruntled view of the petitioners, who not having been given importance while constituting respondent No.8, are trying to stall the same in alleging that the manner in which the proceedings is conducted on 23.06.2014 and consequent constitution by respondent No.5 is contrary to the guidelines issued by respondent No.6. However, when the material available on record is looked into, respondent No.5 has rightly appreciated the procedure followed in constitution of 8th respondent – Society and thereafter has considered issuance of commencement certificate to the said Society and issuing license, which appears to be just and proper.
Therefore, the question of interfering with the same does not arise in this proceedings.
4. Accordingly writ petitions are dismissed.
Sd/- Judge RD