Kanoor Primary Agricultural Credit Co ... vs Assistant Registrar Of Co-Operative ... on 29 October, 2021

[Cites 2, Cited by 1]

Karnataka High Court

Kanoor Primary Agricultural Credit Co ... vs Assistant Registrar Of Co-Operative ... on 29 October, 2021

Bench: Krishna S.Dixit

                           1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 29TH DAY OF OCTOBER, 2021

                        BEFORE

        THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

        WRIT PETITION NO.19492 OF 2021 (CS-RES)

BETWEEN:

1.   KANOOR PRIMARY AGRICULTURAL
     CREDIT CO-OPERATIVE SOCIETY,
     KANOOR VILLAGE, PONNAMPET TALUK,
     KODAGU DISTRICT.
     REPRESENTED BY
     SRI. V.R. UMESH,
     CHIEF EXECUTIVE OFFICER
     S/O V.T. RAMAIAH,
     AGED ABOUT 58 YEARS,
     KOTHUR VILLAGE AND POST,
     PONNAMPET TALUK,
     KODAGU DISTRICT - 571 201.
2.   SRI. A.A. VIVEK,
     DIRECTOR, S/O LATE A.M. AIYAPPA,
     AGED ABOUT 57 YEARS,
     KANOOR VILLAGE AND POST,
     PONNAMPET TALUK,
     KODAGU - 571 201.
3.   SRI. K.P. NANJAPPA,
     DIRECTOR, S/O K.B. PONNAPPA,
     AGED ABOUT 74 YEARS,
     KANOOR VILLAGE AND POST,
     PONNAMPET TALUK,
     KODAGU - 571 201.
4.   SRI. K.G. SADASHIVA,
     DIRECTOR, S/O LATE K.S. GANAPATHI,
     AGED ABOUT 56 YEARS,
     KOTHUR VILLAGE AND POST
     PONNAMPET TALUK,
     KODAGU - 571 201.

5.   SRI. K.R. SURESH,
     DIRECTOR, S/O LATE V.P. RAMAIAH,
     AGED ABOUT 55 YEARS,
                              2

      KOTHUR VILLAGE AND POST,
      PONNAMPET TALUK,
      KODAGU - 571 201.

6.    SRI. C.B. BELLIAPPA,
      DIRECTOR, S/O LATE C.P. BHEEMAIAH,
      AGED ABOUT 54 YEARS,
      KANOOR VILLAGE AND POST,
      PONNAMPET TALUK,
      KODAGU - 571 201.

7.    SRI. H.K. BHOGGRU,
      DIRECTOR, S/O LATE KARIYA,
      AGED ABOUT 69 YEARS,
      KOTHUR VILLAGE AND POST,
      PONNAMPET TALUK,
      KODAGU - 571 201.

8.    SMT. REKHA BOPANNA,
      DIRECTOR, W/O SRI. C.A. BOPANNA,
      AGED ABOUT 44 YEARS,
      KANOOR VILLAGE AND POST,
      PONNAMPET TALUK,
      KODAGU - 571 201.

9.    SMT. M.N. ASHWINI,
      DIRECTOR, W/O SRI. M.K. NANDA,
      AGED ABOUT 45 YEARS,
      KOTHUR VILLAGE AND POST,
      PONNAMPET TALUK,
      KODAGU - 571 201.

10.   SMT. P. LEENA BOPANNA,
      DIRECTOR, W/O SRI. P.S. BOPANNA,
      AGED ABOUT 46 YEARS,
      KOTHUR VILLAGE AND POST,
      PONNAMPET TALUK,
      KODAGU - 571 201.

11.   SRI. M.N. SATHISH,
      DIRECTOR S/O LATE SRI. M.P. NANJAPPA,
      AGED ABOUT 65 YEARS,
      KOTHUR VILLAGE AND POST,
      PONNAMPET TALUK,
      KODAGU - 571 201.
                                              ...PETITIONERS
(BY SRI. SACHIN B.S., ADVOCATE)
                                3

AND:

1.     THE ASSISTANT REGISTRAR OF
       CO-OPERATIVE SOCIETIES,
       PENSION LANE, MADIKERI,
       KODAGU DISTRICT - 571 201.

2.     THE DEPUTY REGISTRAR OF
       CO-OPERATIVE SOCIETIES,
       BALA BHAVANA, MADIKERI,
       KODAGU DISTRICT - 571 201.
                                             ...RESPONDENTS
(BY SRI. VINOD KUMAR M., AGA)

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R2 TO DISPOSE OF THE APPEAL IN APPEAL NO.1/2021-22 VIDE
ANNEXURE-A AND B AND ETC.


       THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:


                             ORDER

Petitioners who claim to be the Directors of the Credit Co-operative Society have preferred an appeal against the order dated 03.03.2021 passed by the respondent-ARCS; the innocuous prayer of the petitioners is that their prayer for grant of interim relief needs to be taken up for consideration by the respondent No.2-DRCS.

2. Learned AGA on request having accepted notice for respondents, opposes the writ petition contending that it 4 is the petitioners who have twice remained absent in the hearing of the appeal and therefore, they have no justification in knocking at the doors of the Writ Court and make this complaint; learned counsel for the petitioners replies that since only a day before the hearing the telephonic communication is made from the Registry of respondent No.2, they were not in a position to participate in the appeal proceedings; be that as it may.

3. There is force in the contention of learned counsel for the petitioners that a case has been filed in W.P.No.18023/2021 by one of the members of the society seeking a direction inter alia to the respondent No.2 herein to take civil & criminal action against all the petitioners; when petitioners appeal is pending, this really troubles them as a hanging sword.

In the above circumstances, this writ petition is disposed off requesting respondent No.2 to take up petitioners' application for the grant of interim relief in the pending appeal.

No precipitatory action would be taken against the petitioners pursuant to order challenged in the said appeal till the consideration of their interim prayer takes place.

All contentions are kept open.

Costs made easy.

Sd/-

JUDGE DS

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