Samaja Seva Sahakari Bank Niyamitha vs The State Of Karnataka on 16 December, 2020

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Karnataka High Court

Samaja Seva Sahakari Bank Niyamitha vs The State Of Karnataka on 16 December, 2020

Bench: S.G. Pandit

                              1

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF DECEMBER, 2020

                          BEFORE

         THE HON' BLE MR. JUSTICE S.G. PANDIT

         WRIT PETITION No.27992/2018 (CS-RES)


BETWEEN:

SAMAJA SEVA SAHAKARI BANK NIYAMITHA
NO.7149, SAMAJA SAHAKARI BHAVANA
BYPASS JUNCTION, BANTWAL
D.K.DISTRICT - 574 219
REP. BY ITS GENERAL MANAGER
SRI B BHOJA MOOLYA
S/O LATE KOSA MOOLYA
AGED ABOUT 51 YEARS
R/AT SARALA PADE HOUSE
BADDAKATTE, BANTWALA TALUK
D.K.DISTRICT - 574 219.
                                         ...PETITIONER

(BY SRI. RANJITH K S, ADV.)


AND:

   1. THE STATE OF KARNATAKA
      REP. BY ITS SECRETARY
      DEPT. OF CO-OPERATION
      M.S.BUILDING
      BENGALURU - 560 001.

  2.   THE DEPUTY REGISTRAR OF
       CO-OPERATIVE SOCIEITES
       D.K.DISTRICT
       1ST FLOOR, JANATHA BAZAR
       GANAPATHI HIGH SCHOOL ROAD
                                2

     MANGALORE
     D.K.DISTRICT - 575 001.
                                           ...RESPONDENTS
(BY SRI.SRIDHAR N HEGDE, HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER    DATED    05.05.2018   AND   DATED    22.03.2018
RESPECTIVELY PASSED BY THE R2 VIDE ANNEX-A AND B
RESPECTIVELY.

       THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THROUGH VIDEO CONFERENCE THIS DAY, THE
COURT MADE THE FOLLOWING:-

                         ORDER

The petitioner is before this Court under Article 226 of the Constitution of India assailing the order bearing No.DRP:S-9:BYE.THI:12(6):71/2017-18 dated 05.05.2018 vide Annexure-A and order bearing No.DRP:S-9:BYE.THI:Column 12(5):71/2017-18 dated 22.03.2018 vide Annexure-B.

2. The impugned orders under challenge are passed under Section 12 of the Karnataka Co-operative Societies Act, 1959 (for short 'the Act'). The impugned orders passed under Sections 12(5) and 12(6) of the Act is with regard to replacing the word 'Bank' by 'Sangha'. 3 Any order passed under Section 12 of the Act would be an appealable order, under Section 106(1)(b) of the Act. As the statute provides appeal against an order passed under Section 12 of the Act, I decline to entertain the writ petition. When statute provides for statutory appeal, it may not be proper for this Court to entertain the writ petition. Hence the writ petition is disposed of with liberty to the petitioner to avail the remedy of appeal under the Act.

Sd/-

JUDGE NG* CT:bms

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