Karnataka High Court
Smt. Latha V vs The State Of Karnataka on 9 July, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:26207
WP No. 28391 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.28391 OF 2023 (CS-RES)
BETWEEN:
SMT. LATHA V
W/O DEEPAK G,
AGED ABOUT 42 YEARS,
KANAKATTE VILLAGE,
ARSIKERE TOWN, HASSAN
...PETITIONER
(BY SRI. SAILESH S.K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO OPERATION,
Digitally signed MULTI STORIED BUILDING,
by
DHARMALINGAM AMBEDKAR BEEDHI,
Location: HIGH BANGALORE-560001
COURT OF
KARNATAKA 2. REGISTRAR OF CO OPERATIVE SOCIETIES
ALI ASKER ROAD,
BANGALORE-560001
3. ASSISTANT REGISTRAR OF CO OPERATIVE
SOCIETIES AND RECOVERY OFFICER
HASSAN SUB DIVISION,
HASSAN.
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NC: 2024:KHC:26207
WP No. 28391 of 2023
4. K.R. RAVI
S/O RAMANNA,
AGED ABOUT 46 YEARS,
KANAKATTE VILLAGE,
ARSIKERE TOWN,
HASSAN-573201
5. PRIMARY AGRICULTURAL PATINA
CO OPERATIVE SOCIETY
KANAKATTE, ARSIKERE TALUK,
HASSAN-573201
...RESPONDENTS
(BY SRI.SESHU V., HCGP FOR R1 TO R3
SRI. VINAYAKA B., ADVOCATE FOR R4 & R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
CIRCULAR ISSUED BY THE R3 DATED 02/11/2023 AT
ANNEXURE-G AND QUASH THE MINUTES OF THE MEETING OF
DATED 08/12/2023 AT ANNEXURE-H DEMOTING THE
PETITIONER FROM THE POST OF THE SECRETARY AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner who was appointed as the Chief Executive Officer of the 5th respondent - Society is before this Court aggrieved of the resolution passed by the Board of the 5th respondent - Society relegating the petitioner back to her previous post as Clerk in the said Society. -3-
NC: 2024:KHC:26207 WP No. 28391 of 2023 Interim orders were passed by this Court on 18.12.2023 staying the impugned resolution dated 08.12.2023 insofar as it relates to demotion of the petitioner till the next date of hearing.
2. On entering appearance, learned counsel for the 5th respondent has raised a preliminary objection that such a writ petition could not have been entertained by the petitioner having regard to the availability of alternative and efficacious remedy to the petitioner in the form of Section 70, where a dispute was required to be raised by the petitioner before the competent authority.
3. At this juncture, learned counsel for the petitioner submits that since the petitioner is required to re-approach the appellate authority, the interim protection granted by this Court should be extended for a period of two weeks to enable the petitioner to file necessary appeal and an application seeking interim stay of the impugned resolution.
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NC: 2024:KHC:26207 WP No. 28391 of 2023
4. The submission of the learned counsel for the petitioner is accepted.
5. Accordingly, the writ petition stands disposed of, while reserving liberty to the petitioner to raise a dispute under Section 70 of the Karnataka Co-operative Society Act before the competent authority questioning the impugned resolution dated 08.12.2023 passed by the Board of the 5th respondent Society. However for that purpose the interim order passed by this Court on 18.12.2023 shall be kept alive for a period of two weeks to enable the petitioner to file an appeal and an application seeking stay of the impugned resolution.
Ordered accordingly.
Sd/-
JUDGE KLY CT: JL