Karnataka High Court
Narayan Kameshwar Bhat vs The State Of Karnataka on 16 December, 2020
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16TH DAY OF DECEMBER 2020
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.147424/2020(CS-EL/M)
BETWEEN:
1. NARAYAN KAMESHWAR BHAT
S/O. KAMESHWAR BHAT
AGE: 70 YEARS, OCC: AGRICULTURIST AND
CHAIRMAN OF TAPCMS, YELLAPUR,
R/O: AGGASIKUMBRI, PO: ANGOD,
TQ: YELLAPUR,
DIST: UTTARA KANANDA-581359
2. RAMAKRISHNA NARAYAN HEGDE
S/O. NARAYAN HEGDE,
AGE: 68 YEARS, OCC: AGRICULTURIST AND
DIRECTOR OF TAPCMS, YELLAPUR,
R/O: HASANAGI, TQ: YELLAPUR,
DIST: UTTARA KANNADA-581359
3. TIMMANNA NARAYAN BHAT
S/O. NARAYAN HEGDE,
AGE: 52 YEARS, OCC: AGRICULTURIST AND
DIRECTOR OF TAPCMS, YELLAPUR,
R/O: VAJRALLI, TQ: YELLAPUR,
DIST: UTTARA KANNADA-581359
4. NARASIMHA VENKATARAMANA KONEMANE
S/O. VENKATARAMANA KONEMANE,
AGE: 40 YEARS, OCC: AGRICULTURIST AND
DIRECTOR OF TAPCMS, YELLAPUR,
R/O: KONEMANE, POST NANDOLLI,
TQ: YELLAPUR,
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DIST: UTTARA KANNADA-581359
...PETITIONERS
(BY SRI.: NARAYAN V YAJI, ADV.)
AND
1. THE STATE OF KARNATAKA
SPECIAL DUTY OFFICER AND JOINT SECRETARY
DEPARTMENT OF CO-OPERATION,
M. S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU-560001
2. THE REGISTRAR OF
CO-OPERATIVE SOCIETIES
ALI ASKER ROAD,
BENGALURU-560052
3. THE STATE CO-OPERATIVE ELECTION AUTHORITY
REPRESENTED BY ITS SECRETARY
3RD FLOOR, SHANTHI NAGAR,
T.T.M.C. A BLOCK, SHANTHI NAGAR,
BENGALURU-560052
4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
SARASWATI SADAN, 2ND FLOOR,
HABBUWADA, KARWAR,
DIST: UTTARA KANNADA-581301
5. THE YELLAPUR TALUKA AGRICULTURAL PRODUCE
CO-OPERATIVE MARKETING SOCIETY,
YELLAPUR, UTTARA KANNADA DISTRICT-581359
REPRESENTED BY ITS CHIEF
EXECUTIVE OFFICER,
...RESPONDENTS
(BY SRI.: V.S. KULKARNI, AGA FOR R1 R2 AND R4
SRI. H.L. HAVARAGI, ADV. FOR R3,
R5-SERVED)
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THIS PETI TION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTI TUTION OF INDIA PRAYING THIS
COURT TO ISSUE (A) STRIKE DOWN PROVISIONS OF
SECTION 28A(5), 29-B(2) OF THE KCS ACT, AS BEING
UNCONSTI TUTIONAL AND UNWORKABLE AND ETC.,
THIS PETI TION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
The petitioners are challenging the validity of Section 28A(5), 29-B and 39A(2) of the Karnataka Co-Operative Societies Act, 1959. The Co-ordinate Bench of this Court upheld the validity of the said provisions in W.P. No.226145/2020(CS-EL/M) and other connected matters disposed of on 16.10.2020.
The learned counsel appearing for the petitioners submitted that the matter is covered by the judgment of Co-ordinate Bench of this Court passed in the aforesaid writ petitions and requested to dispose of the writ petition in terms of the aforesaid order.
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His submission is placed on record. Accordingly, writ petition is disposed of in terms of the order passed in the aforesaid writ petition No.226145/2020(CS-EL/M) and other connected matters.
SD/-
JUDGE MNS/-