IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.43188/2016(CS-RES) BETWEEN SRI SIDDE GOWDA. P S/O PUTTASWAMY GOWDA, AGED ABOUT 29 YEARS, SECRETARY/ EXECUTIVE OFFICER, HAROKOPPA MILK PRODUCERS CO-OPERATIVE SOCIETY, HAROKOPPA VILLAGE - 571 511 CHANAPATNA TALUK, RAMANAGARA DISTRICT. ... PETITIONER (BY SRI RAJAGOPAL M.R, ADVOCATE) AND 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES RAMANAGARA SUB-DIVISION, RAMANAGARA - 571 511.
2. THE MANAGER B.B.R. & R.D.C.C. BANK LTD., CHANNAPATNA BRANCH, CHANNAPATNA, RAMANAGAR DISTRICT - 571 511.
3. THE PRESIDENT HAROKOPPA MILK PRODUCERS CO-OPERATIVE SOCIETY, HAROKOPPA VILLAGE, CHANAPATNA TALUK, RAMANAGARA DISTRICT - 571 511. ... RESPONDENTS (BY SRI LAXMINARAYAN, AGA FOR R1, SRI N.SHIVAKUMAR, ADVOCATE FOR R2, SRI S.PRAKASH SHETTY, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION OF R-1 DATED 11.07.2016 ADDRESSED TO R-3 AS PER ANNEXURE-L INCLUDING ALL CONSEQUENTIAL PROCEEDINGS IN FURTHERANCE TO ANNEXURE-L AND RESOLUTION OF R-3 SOCIETY DATED 20.07.2016 AT ANNEXURE-P ON SUBJECT NO.3 AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein, who is secretary and Executive Officer of 3rd respondent – Harokoppa Milk Producers Co- operative Society has come up in this petition impugning the communication of 1st respondent dated 11.7.2016, vide Annexure-L, to 3rd respondent with reference to resolution of 3rd respondent dated 20.7.2016, which is in respect of appointing a permanent Secretary to 3rd respondent – society as well as resolution passed by 3rd respondent dated 20.7.2016, vide Annexure-P.
2. However, to-day the learned counsel for petitioner filed a memo bringing to the notice of this Court that subsequently another resolution is passed by the General Body of 3rd respondent in regularizing the appointment of petitioner herein. Therefore, he sought permission of this court to withdraw the writ petition.
3. The memo is taken on record. The writ petition is dismissed as withdrawn reserving liberty to the parties to approach the Assistant Registrar of Co-operative Societies, Ramanagara, to ascertain the correctness or otherwise of the mode of appointment of the petitioner as secretary to 3rd respondent – society. It is made clear that in the proceedings to be initiated by any of the parties to this proceeding the Assistant Registrar of Co-operative Societies shall hear the same and decide whether the manner in which the petitioner herein is appointed as Secretary to 3rd respondent – society is in accordance with law or otherwise and to pass appropriate orders thereon within three months from the date of initiating such proceedings before him.
In view of dismissal of writ petition, IA.3/2016 and IA.1/2017 for vacating interim order do not survive for consideration.
Sd/- JUDGE nd/-