Karnataka High Court
Ramesh S/O Hanumanth Bidanur vs The State Of Karnataka And Ors on 21 February, 2023
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WP No. 200317 of 2023
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 200317 OF 2023 (CS-RES)
BETWEEN:
RAMESH
S/O HANUMANTH BIDANUR
AGE ABOUT 46 YEARS
OCC: AGRICULTURE
R/O VIVEK NAGAR EAST
NEAR SAI GRAND HOTEL
OPP: VDA BASAVANA BAGEWADI ROAD
VIJAYAPURA 586109
...PETITIONER
(BY SRI.JAYAKUMAR S.PATIL, SR. ADVOCATE
FOR SRI.A.M.NAGRAL, ADVOCATE)
AND:
Digitally signed by
KHAJAAMEEN L 1. THE STATE OF KARNATAKA
MALAGHAN
DEPARTMENT OF CO-OPERATION
Location: High
Court of Karnataka M. S. BUILDING
BANGALORE - 560001
REPRESENTED BY ITS SECRETARY
2. THE REGISTRAR OF
CO-OPERATIVE SOCIETIES
NO.1, ALI ASKAR ROAD
BANGALORE -52
3. THE DEPUTY REGISTRAR
CO-OPERATIVE SOCIEITES
VIJAYAPURA
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WP No. 200317 of 2023
4. SRI SIDDESHWARA URBAN
CO-OPERATIVE BANK LTD.
S. S. ROAD, 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. SIDDANAGOUDA
S/O AYYANGOUDA PATIL
AGED ABOUT 56 YEARS
OCC:BUSINESS
R/O GUBSAVALAGI, TQ:SINDOGI
DIST:VIJAYAPURA - 586 123
AMENDED AS PER ORDER DT:21.02.2023
...RESPONDENTS
(BY SRI.VEERANAGOUDA MALIPATIL, HCGP FOR R1 TO R3)
SRI.AMEET KUMAR DESHPANDE, SR. ADVOCATE FOR SRI.GANESH
S.KALBURGI, SRI.DESHPANDE G.V. ADVOCATES FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A
WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE
IMPUGNED ORDER UNDER ANNEXURE-K DATED 13.10.2022 IN
DISPUTE NO.UBC-3/DISQUALIFICATION/117/2021-22 PASSED BY
THE 2ND RESPONDENT (B) ALTERNATIVELY, ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION, DIRECTING THE 1ST RESPONDENT TO
TAKE UP THE MATTER I.E., APPEAL AND INTERIM APPLICATION
FILED BY THE PETITIONER VIDE ANNEXURE-L & L1 AND ETC.
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WP No. 200317 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Heard Sri.Jayakumar S.Patil, learned Senior counsel appearing for the petitioner and Sri.Ameet Kumar Deshpande, learned Senior counsel appearing for the proposed respondent No.6.
2. In this petition the petitioner has questioned the order under Section 29(C) of Karnataka Co-operative Societies Act, 1959 (for short 'the Act of 1959') which is marked at Annexure-K. The order under Section 29(C) of the Act of 1959 is an appellable order under Section 106 of the Act of 1959. The writ petition was entertained despite alternative remedy of appeal being available, as the submission was made that the appellate authority has not yet received the appeal memorandum filed by the present petitioner and noting the submission made by the learned Senior counsel interim order was granted. -4- WP No. 200317 of 2023
3. Sri.Ameet Kumar Deshpande, learned Senior counsel appearing for the proposed respondent No.6, would submit that the appellate authority has already accepted the appeal memo filed by the present petitioner and has issued notice fixing the date of hearing as 28.02.2023.
4. Under these circumstances, this Court is of the view that the writ petition has to be disposed of and the appellate authority under Section 106 of the Act of 1959 shall hear the appeal which is pending before it, in accordance with law.
5. It is also made clear that the interim protection granted by this Court shall stand extended till 05.03.2023 and the appellate Court shall consider the interim application filed by the present petitioner before it and also the objections filed by the respondents before it in accordance with law and to pass appropriate order on the interim application on or before 05.03.2023.
6. It is also made clear that this Court has not expressed anything on the merits of the matter. The -5- WP No. 200317 of 2023 appellate authority shall pass the order in accordance with law. All contentions of the parties are kept open.
Accordingly, the petition is disposed of.
Sd/-
JUDGE GVP