IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MAY, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA W.P. NO. 22449/2017 (CS-RES) & W.P.NOS.22485-486/2017 BETWEEN:
1. Sri.H.Narayanappa, S/o Sri.Hanumantharayappa, Aged about 53 years, R/at Hadonahalli, Tubagere Hobli, Doddaballapur Taluk, Bengaluru.
Represented as The Chief Promoter, Proposed Hadonahalli Vyavasaya SevaSahakara Sangha Niyamitha, Hadonahalli, Doddaballapur Taluk, Bengaluru Rural District – 561 205.
2. Appayya, S/o Hanumantharayappa, Aged about 69 years 3. Purushotham, S/o Hanumantharayappa, Aged about 37 years 4. Nagaraju, S/o Hanumantharayappa, Aged about 45 years 5. Chowdappa, S/o Pilla Chowdappa, Aged about 58 years 6. Nagaraju, S/o. DoddaMuniyappa, Aged about 45 years 7. T. Muniraju, S/o. Thimmaiah, Aged about 35 years 8. Narayanaswamy, S/o. Muthappa, Aged about 38 years 9. Kempanna, S/o. Amyappa, Aged about 55 years 10. Harish Naik, S/o. Soma Naik, Aged about 39 years 11. T. Narasimhamurthy, S/o. Thimmarayappa, Aged about 38 years 12. B. Byrappa, S/o. Bachappa, Aged about 60 years Sl.No.2 to 12 are R/at Hadonahalli, Doddaballapur Taluk, Bengaluru – 561 205. …Petitioners (By Sri. Mithun G.A. for Sri. G.D. Aswathanarayana, Advocate) AND:
1. The State of Karnataka, Co-operative Department, Vikas Soudha, Bengaluru – 560 001.
2. The District Deputy Registrar, Sahakara Sangha, (Doddaballapur Sub-Division, Doddaballapura, Bengaluru Rural) No.14, Navodhaya Co-op. Society Building, 10th ‘A’ Main, 15th Cross, Malleshwaram, Bengaluru – 560 003.
3. The Asst. Registrar of Sahakara Sangha, Doddaballapur Sub-Division, Doddaballapura, Bengaluru Rural – 561 205.
4. Hadonahalli, Sevasahakara Sangha, The Chief Promoter, Sri. Sridhar G.K., S/o. Krishnappa, Chief Promoter, Hadonahalli, Doddaballapur Sub-Division, Doddaballapura, Bengaluru Rural – 561 205.
5. Hadonahalli Sevasahakara Sangha, Hadonahalli, Doddaballapur Sub-Division, Doddaballapura, Bengaluru Rural – 561 205. Represented by The Chief Promoter, Sri. Sridhar G.K. …Respondents (By Sri. M.A. Subramani, HCGP for R1 to R3) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 11.04.2017 vide Annexure – A pursuant to which the registration of the Sangha of the respondent No.4 had got registered dated 04.05.2017 vide Annexure – A1 stands null and void and etc.
These writ petitions coming on for preliminary hearing this day, the court made the following:
O R D E R Sri. M.A.Subramanya, learned HCGP pointed out that against the impugned order passed by the Assistant Registrar of Co-operative Societies as per Annexure-A dated 11.04.2017, the petitioners have got alternative remedy of appeal before the Deputy Registrar of Co-operative Societies as contemplated under Section 106(2) of the Karnataka Co-operative Societies Act, 1959.
2. The said submission is placed on record and the same is not disputed by the counsel for the petitioners.
3. Accordingly, the writ petitions are disposed of with liberty to the petitioners to avail alternative remedy of appeal before the Deputy Registrar under the provisions of Co-operative Societies Act as contemplated under Section 106(2) of the Karnataka Co-operative Societies Act, 1959.
3. If any application is filed by the petitioners for consideration of the interim prayer, the Deputy Registrar of Co-operative Societies shall consider the same and pass orders within a reasonable period in accordance with law.
Sd/- Judge Mkm/Ns