Karnataka High Court
Ramesh vs The State Of Karnataka And Ors on 1 August, 2023
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NC: 2023:KHC-K:6019
WP No. 201686 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 201686 OF 2023 (CS-RES)
BETWEEN:
RAMESH S/O HANUMANTA BIDANUR,
AGED ABOUT 46 YEARS, OCC: AGRICULTURE,
RESIDENT OF VIVEK NAGARA EAST,
NEAR SAI GRAND HOTEL,
OPP. VDA BASAVANA BAGEWADI ROAD,
VIJAYAPURA-586 109
...PETITIONER
(BY SRI.A.M.NAGRAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
Digitally M.S. BUILDING,
signed by
VARSHA N BANGALORE-560 001
RASALKAR
Location: High REPRESENTED BY ITS SECRETARY
Court Of
Karnataka
2. THE REGISTRAR OF
CO-OPERATIVE SOCIETIES
NO.1, ALI ASKAR ROAD,
BANGALORE-52
3. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES/
RETURNING OFFICER,
VIJAYAPUR-586101.
4. SRI SIDDESHWARA URBAN
CO-OPERATIVE BANK LTD.,
S.S ROAD,
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WP No. 201686 of 2023
OPP. SHRI SIDDESHWARA TEMPLE,
VIJAYAPURA-586101
REPRESENTED BY ITS CEO
5. BAPUJI PATTINA SOUHARDA
SAHAKARI NIYAMIT
HEAD OFFICE, MELLIGERI TOWERS,
STATION ROAD, BAGALKOT
REPRESENTED BY ITS CEO
6. SIDDANAGOWDA
S/O AYYANAGOWDA PATIL,
AGE: 55 YEARS, OCC: NOT KNOWN,
R/O GABASAVALAGI, SINDAGI TALUK
DIST. VIJAYAPURA-586101.
7. THE STATE CO-OPERATIVE
ELECTION AUTHORITY
3RD FLOOR, SHANTHI NAGAR,
T.T.M.C. 'A' BLOCK, SHANTI NAGAR,
BANGALORE-27
REPRESENTED BY ITS SECRETARY
...RESPONDENTS
(BY SRI.SHIVAKUMAR R.TENGLI., AGA FOR R1 TO R3;
SRI.SANGANAGOUDA V.BIRADAR, ADVOCATE FOR R4;
SRI.AMEET KUMAR DESHPANDE, SENIOR COUNSEL
FOR SRI.GANESH S. KALBURGI, ADVOCATE FOR R6;
R5 & R7 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER UNDER ANNEXURE-K DATED 13.10.2022 IN
DISPUTE NO.UBC-3/DISQUALIFICATION/117/2021-22 PASSED BY
THE 2ND RESPONDENT, IMPUGNED ORDER UNDER ANNEXURE-P
DATED 03.03.2023 IN APPEAL IN NO.CO/38/CAP/2022 PASSED BY
THE RESPONDENT NO.1, IMPUGNED ORDER UNDER ANNEXURE-Q2
DATED 06.05.2023 IN NO.SA.CHU.PRA./BE/VI.JI./2453/2015/
2020/01/2023-24 PASSED BY THE 7TH RESPONDENT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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WP No. 201686 of 2023
ORDER
Heard Sri.A.M.Nagral, learned counsel appearing for the petitioner, Sri. Shivakumar R. Tengli., learned Additional Government Advocate appearing for respondent Nos.1 to 3, Sri.Sanganagouda V.Biradar, learned counsel appearing for respondent No.4 and Sri.Ameet Kumar Deshpande, learned Senior Counsel appearing on behalf of Sri.Ganesh S.Kalburgi, learned counsel for respondent No.6.
2. In this writ petition, the petitioner herein has challenged the interim order dated 03.03.2023 (Annexure- P) passed by the respondent-Government. The question in the present writ petition relates to the applicability of Section 29-C(1)(a) of the Karnataka Co-operative Societies Act, 1959 (for short 'the Act').
3. Having taken note of the factual aspects on record and the finding recorded by the respondent- Government while rejecting the application made by the -4- NC: 2023:KHC-K:6019 WP No. 201686 of 2023 petitioner herein with regard to Section 29-C of the Act, I am of the view that it is just and proper to direct the respondent-Government to dispose of the appeal.
4. Accordingly, the writ petition is disposed of directing the respondent-Government to dispose of the entire appeal within an outer limit of three months from the date of receipt of a certified copy of this order.
5. It is made clear that the respondent- Government shall dispose of the same independently without being influenced by order dated 22.06.2023 passed by this Court. It is needless to state that all the contentions of the parties are kept open. Though three months' time is fixed for disposal of the appeal, the respondent-Government shall expedite the hearing.
6. Interim order granted by this Court on 22.06.2023 shall continue till the completion of the proceedings before the respondent-Government. -5-
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7. In view of the above, no orders are required to be passed on I.A.No.2/2023 filed for vacating the interim order.
Sd/-
JUDGE NB List No.: 1 Sl No.: 10