Karnataka High Court
Milk Producers Co Operative Society Ltd ... vs The State Of Karnataka on 6 March, 2020
Author: Krishna S Dixit
Bench: Krishna S.Dixit
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 06TH DAY OF MARCH, 2020
BEFORE
THE HON'BLE MR.JUSTICE KRISHNA S.DIXIT
W.P.NOS.201733-767/2019 (CS-EL)
BETWEEN:
1. MILK PRODUCERS CO OPERATIVE
SOCIETY LTD
BANNIGOL, TQ: LINGASUGUR, DIST:
RAICHUR.
REPRESENTED BY ITS PRESIDENT,
SRI SHASHIDHARGOUDA S/O
PAMPANGOUDA, AGE: 43 YEARS,
R/O BANNIGOL, TQ. LINGASUGUR,
DIST: RAICHUR.
2. WOMAN'S MILK PRODUCERS COOPERATIVE
SOCIETY LTD
JAMBUNATH HALLI, TQ: SINDHANOOR,
DIST: RAICHUR.
REPRESENTED BY ITS PRESIDENT,
SMT. MEENAKSHI W/O VEERABADRAYYA,
AGE: 30 YEARS, R/O JAMBUNATH HALLI,
TQ: SINDHANOOR, DIST: RAICHUR.
3. MILK PRODUCERS COOPERATIVE SOCIETY
LTD PAGADADINNI PAI CAMP,
TQ: SINDHANOOR, DIST: RAICHUR.
REPRESENTED BY ITS PRESIDENT,
SRI C.H SRINIVAS S/O BALARAM MURTHY
AGE: 46 YEARS, R/O PAGADADINNI PAI
CAMP, TQ: SINDHANOOR, DIST: RAICHUR.
2
4. WOMAN'S MILK PRODUCERS COOPERATIVE
SOCIETY LTD
YELEKUDLAGI, TQ: SINDHANOOR,
DIST: RAICHUR, REPRESENTED BY ITS
PRESIDENT, SMT. REKHA W/O SUNIL,
AGE: 27 YEARS, R/O YELEKUDLAGI,
TQ: SINDHANOOR, DIST: RAICHUR.
5. NARAYAN NAGAR CAMP WOMAN'S MILK
PRODUCERS COOPERATIVE SCIETY LTD,
NARAYAN NAGAR CAMP, TQ: SINDHANOOR,
DIST: RAICHUR, REPRESENTED BY ITS
PRESIDENT, SMT. M. RATNAM
W/O M. NAGESHWAR RAO, AGE: 63 YEARS,
R/O NARAYAN NAGAR CAMP,
TQ: SINDHANOOR, DIST: RAICHUR.
6. MILK PRODUCERS COOPERATIVE SOCIETY
LTD
U. HANCHINAL CAMP, TQ: SINDHANOOR,
DIST: RAICHUR, REPRESENTED BY ITS
PRESIDENT, SRI G. VEERARAGHAVALU
S/O VENKATARATNAM, AGE: 59 YEARS,
R/O SATYA NARAYANA CAMP,
TQ: SINDHANOOR, DIST: RAICHUR.
7. MILK PRODUCERS COOPERATIVE SOCIETY LTD Deleted
3RD MILE CAMP, TQ: SINDHANOOR, V.O.Dtd.
DIST: RAICHUR, REPRESENTED BY ITS 1.4.2019
PRESIDENT, SRI SHIVAJI MULLAPUDI
S/O M. RAMAKRISHNA, AGE: 36 YEARS,
R/O 3RD MILE CAMP, TQ: SINDHANOOR,
DIST: RAICHUR.
8. WOMAN'S MILK PRODUCERS COOPERATIVE
SOCIETY LTD
GEETA CAMP, ARALAHALLI POST,
TQ: SINDHANOOR, DIST: RAICHUR,
REPRESENTED BY ITS PRESIDENT,
SMT. Y. RADHA W/O Y. NARENDRAUDHI,
AGE: 42 YEARS, R/O GEETA CAMP,
TQ: SINDHANOOR, DIST: RAICHUR.
3
9. HANUMAN NAGAR CAMP WOMANS MILK
PRODUCERS COOPERATIVE SOCIETY LTD,
HANUMAN NAGAR CAMP, POST. AMARAPURA,
TQ: SINDHANOOR, DIST: RAICHUR,
REPRESENTED BY ITS PRESIDENT,
SMT. MALLESHWARI W/O SIVA SAUKAR
REDDY, AGE: 56 YEARS, R/O HANUMAN
NAGAR CAMP, TQ: SINDHANOOR,
DIST: RAICHUR.
10. 4TH MILE CAMP MILK RODUCERS
COOPERATIVE
SOCIETY LTD, 4TH MILE CAMP,
TQ: SINDHANOOR, DIST: RAICHUR,
REPRESENTED BY ITS PRESIDENT,
SRI PULLARAO S/O SUBBANNA, AGE: 72
YEARS, R/O 4TH MILE CAMP,
TQ: SINDHANOOR, DIST: RAICHUR.
11. MILK PRODUCERS COOPERATIVE SOCIETY
LTD
TURVIHAL, TQ: SINDHANOOR, DIST:
RAICHUR, REPRESENTED BY ITS PRESIDENT,
SRI SHANKARLINGA S/O VEERAPPA, AGE: 34
YEARS, R/O TURVIHAL, TQ: SINDHANOOR,
DIST. RAICHUR.
12. GUNGAHALLI MILK PRODUCERS
COOPERATIVE SOCIETY LTD
GUNGAHALLI, TQ: SINDHANOOR,
DIST: RAICHUR, REPRESENTED BY ITS
PRESIDENT SRI SHARANAYYA
S/O BASAVALINGAYYA, AGE: 52 YEARS,
R/O GUNGAHALLI, TQ: SINDHANOOR,
DIST: RAICHUR.
13. MILK PRODUCERS COOPERATIVE SOCIETY
LTD
SRINIVAS CAMP, TQ: SINDHANOOR, DIST:
RAICHUR, REPRESENTED BY ITS PRESIDENT,
SRI DODDANA GOUDA S/O RUDRA GOUDA,
AGE: 38 YEARS, R/O SRINIVAS CAMP,
TQ: SINDHANOOR, DIST: RAICHUR.
4
14. MILK PRODUCERS COOPERATIVE SOCIETY
LTD
MARALI, TQ: LINGASUGUR, DIST: RAICHUR,
REPRESENTED BY ITS PRESIDENT,
SRI SHARANAPPA S/O KANAKAPPA, AGE: 68
YEARS, R/O MARALI, TQ: LINGASUGUR,
DIST: RAICHUR.
15. MILK PRODUCERS COOPERATIVE SOCIETY
LTD
MEDIKINAL, TQ: LINGASUGUR,
DIST: RAICHUR, REPRESENTED BY ITS
PRESIDENT, SRI MALLIKARJUN S/O
BASAVARAJ, AGE: 31 YEARS,
R/O MEDIKINAL, TQ: LINGASUGUR,
DIST: RAICHUR.
16. MILK PRODUCERS COOPERATIVE SOCIETY
LTD
HADAGALI, TQ: LINGASUGUR,
DIST: RAICHUR, REPRESENTED BY ITS
PRESIDENT, SMT. SHANTAMMA
W/O DURUGAPPA, AGE: 44 YEARS,
R/O HADAGALI, TQ: LINGASUGUR,
DIST: RAICHUR.
17. WOMANS MILK PRODUCERS COOPERATIVE
SOCIETY LTD
SHIVANAGAR CAMP, TQ: MANVI,
DIST: RAICHUR, REPRESENTED BY ITS
PRESIDENT, SMT. M. SATYAVANI W/O
M. VEERA RAJU, AGE: 48 YEARS,
R/O SHIVANAGAR CAMP, BAGALVADA,
TQ: MANVI, DIST: RAICHUR.
18. HIREDINNI CAMP WOMAN'S MILK
PRODUCERS
COOPERATIVE SOCIETY LTD, HIREDINNI
CAMP, TQ: MANVI, DIST: RAICHUR,
REPRESENTED BY ITS PRESIDENT,
SMT. M. PADMALAXMI W/O M. NAGARAJ,
AGE: 43 YEARS, R/O HIREDINNI CAMP,
TQ: MANVI, DIST: RAICHUR.
5
19. JAYANAGAR CAMP MILK PRODUCERS
COOPERATIVE SOCIETY LTD, JAYANAGAR
CAMP, TQ: MANVI, DIST: RAICHUR,
REPRESENTED BY ITS PRESIDENT,
SRI K.A. MOHANRAO S/O VENKATARATNUM,
AGE: 68 YEARS, R/O RABBANKAL,
TQ: MANVI, DIST: RAICHUR.
20. SURYANAGAR CAMP WOMAN'S MILK
PRODUCERS
COOPERATIVE SOCIETY LTD, SURYANAGAR
CAMP, TQ: MANVI, DIST: RAICHUR,
REPRESENTED BY ITS PRESIDENT,
SMT. N. SUNITA W/O VEER VENKATA
RAMAPRASAD, AGE: 36 YEARS,
R/O NADUGUDDE CAMP, BAGALVADA,
TQ: MANVI, DIST: RAICHUR.
21. GOPAL NAGAR CAMP WOMAN'S MILK
PRODUCERS
COOPERATIVE SOCIETY LTD, GOPAL NAGAR
CAMP, TQ: MANVI, DIST: RAICHUR,
REPRESENTED BY ITS PRESIDENT,
SMT. M. AMMAJI W/O M. GANAPATI RAO,
AGE: 45 YEARS, R/O GOPAL NAGAR CAMP,
HIRE KOTANAKALLI, TQ: MANVI,
DIST: RAICHUR.
22. BHOGAVATI CAMP MILK PRODUCERS
COOPERATIVE SOCIETY LTD, BHOGAVATI
CAMP, TQ: MANVI, DIST: RAICHUR,
REPRESENTED BY ITS PRESIDENT,
SRI V. VENKATARAJU @ SRINIVAS
S/O V. SATYANARAYANA, AGE: 60 YEARS,
R/O BHOGAVATI CAMP, HIRE KOTANAKAL,
TQ: MANVI, DIST: RAICHUR.
23. SUBRAMANNESHWAR COMAP
MILK PRODUCERS CO OPERATIVE SOCIETYA
LTD, SUBRAMANNESHWAR CAMP TQ:MANVI
DIST: RAICHUR REPRESENTED BY ITS
PRESIDENT SMT. KONA VENKATA RATHNAM
W/O KONA SESHAGIRI RAO AGE: 47 YEARS
RSUBRAMANNESHWAR CAMP TQ:MANVI
6
DIST: RAICHUR
24. SRI. RAM NAGAR COMAP
WOMENS MILK PRODUCERS CO OPERATIVE
SOCIETYA LTD, SRI. RAM NAGAR CAMP
TQ: & DIST: RAICHUR REPRESENTED BY ITS
PRESIDENT SMT.K RAMALAXMI
W/O K. SATYANARAYANA AGE: 46 YEAR
R/O SRI. RAM NAGAR CAMP TQ & DIST:
RAICHUR
25. MILK PRODUCERS
COOPERATIVE SOCIETYA LTD, BHAGYA
NAGAR TQ: MANVI DIST: RAICHUR
REPRESENTED BY ITS PRESIDENT
SRI. RAMACHANDRA KUMAR
S/O SATYANARAYANA AGE: 42 YEAR,
R/O BHAGYA NAGAR CAMP TQ: MANVI
DIST: RAICHUR
26. MILK PRODUCERS
COOPERATIVE SOCIETY LTD, BHOGAPUR
TQ:LINGASUGUR DIST: RAICHUR
REPRESENTED BY ITS PRESIDENT
SRI. SHARANGOUDA S/O BASANAGOUDA
POLICE PATIL AGE: 47 YEARS R/O
BHOGAPUR TQ:LINGASUGUR DIST: RAICHUR
27. WOMANS MILK PRODUCERS
COOPERATIVE SOCIETY LTD, BAGALVATH
LAXMI CAMP TQ:MANVI DIST: RAICHUR
REPRESENTED BY ITS PRESIDENT
SMT. JHANSI W/O ANJANEYALU N.
AGE: 52 YRS, R/O LAXMSI CAMP
BAGALAVATH TQ:MANVI DIST: RAICHUR
28. SRINIVAS CAMP MILK
PRODUCERS COOPERATIVE SOCIETY LTD,
SRINIVAS CAMP TQ:MANVI DIST: RAICHUR
REPRESENTED BY ITS PRESIDENT P.
VENKANNA S/O SUBBA RAO AGE: 53 YRS
R/O SRINIVAS CAMP TQ:MANVI DIST:
RAICHUR
7
29. SITA NAGAR CAMP WOMANS
MILK PRODUCERS COOPERATIVE SOCIETY
LTD, SITA NAGAR CAMP TQ: & DIST:
RAICHUR REPRESENTED BY ITS PRESIDENT
SMT. SURYAKANTAMMA W/O VEERABHDRA
RAO AGE: 61 YRS R/O SITA NAGAR
TQ & DIST: RAICHUR
30. BATLATAGI ANJANEYA CAMP
MILK PRODUCERS COOPERATIVE SOCIETY
LTD, BATLATAGI ANJANEYA CAMP TQ: MANVI
DIST: RAICHUR REPRESENTED BY ITS
PRESIDENT SMT.D ANANTA LAXMI
W/O ADHINARAYANA AGE: 60 YRS
R/O ANJANEYA CAMP TQ: MANVI &
DIST: RAICHUR
31. SURYABABU CAMP WOMANS MILK
PRODUCERS
COOPERATIVE SOCIETY LTD, SURYABABU
CAMP, TQ: MANVI, DIST: RAICHUR,
REPRESENTED BY ITS PRESIDENT,
SMT. N. RAMADEVI W/O N. SATYANARAYANA,
AGE: 59 YEARS, R/O BULLABI CAMP,
TQ: MANVI, DIST: RAICHUR.
32. R H 1 MILK PRODUCERS COOPERATIVE
SOCIETY LTD
TQ: SINDANOOR, DIST: RAICHUR,
REPRESENTED BY ITS PRESIDENT, T JOHN Deleted
FALIK S/O T TAMBU SWAMY, AGE: 57 YEARS, V.O.Dt.
R/O SINDANOOR TQ: SINDANOOR, 1.4.2019
DIST: RAICHUR.
33. R H 3 MILK PRODUCERS COOPERATIVE
SOCIETY LTD
TQ: SINDANOOR, DIST: RAICHUR,
REPRESENTED BY ITS PRESIDENT,
BHARATHI W/O KRISHNADAS, BISWAS
AGE: 53 YEARS, R/O SINDANOOR
TQ: SINDANOOR, DIST: RAICHUR.
34. PANDURANGA CAMP MILK PRODUCERS
COOPERATIVE SOCIETY LTD,
8
TQ: SINDANOOR, DIST: RAICHUR,
REPRESENTED BY ITS PRESIDENT,
V SATHYANARAYAN S/O SURYA NARAYAN,
AGE: 56 YEARS, R/O PANDURANGA CAMP,
SINDANOOR TQ: SINDANOOR,
DIST: RAICHUR.
35. MALLIKARJUN CAMP MILK PRODUCERS
COOPERATIVE SOCIETY LTD, TQ: SINDANOOOR,
DIST: RAICHUR, REPRESENTED BY ITS PRESIDENT,
N SHESHAGIRIRAO S/O SURYA RAO, AGE: 50 YEARS,
R/O MALLIKARJUN CAMP, SINDANOOR TQ: SINDANOOR,
DIST: RAICHUR
... PETITIONERS
(BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF COOPERATION, M.S. BUILDING,
BANGALORE-560001.
REPRESENTED BY ITS SECRETARY.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES
ALI ASKER ROAD, BANGALORE-560052.
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
RAICHUR-584102.
4. THE STATE CO-OPERATIVE ELECTION AUTHORITY
3RD FLOOR, SHANTHI NAGAR, T.T.M.C. "A" BLOCK,
SHANTHI NAGAR, BANGALORE-27
REPRESENTED BY ITS SECRETARY.
5. THE DEPUTY COMMISSIONER/DISTRICT ELECTION
OFFICER
COOPERATIVE ELECTION AUTHORITY, BALLARI.
OFFICE OF THE DEPUTY COMMISSIONER,
BALLARI-583101.
9
6. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETY
OFFICE OF THE CO-OPERATIVE DEPARTMENT,
BALLARI-583101
7. THE RAICHUR, BALLARI AND KOPPAL
DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES
UNION LTD., BALLARI DAIRY
SANJAY GANDHI NAGAR, CANTONMENT
BALLARI-583104.
REP BY ITS MANAGING DIRECTOR.
8. THE ASSISTANT COMMISSIONER
AND RETURNING OFFICER
BALLARI-583104
OFFICE OF THE ASSISTANT COMMISSIONER
... RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, AGA for R1 to R6 & R8)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT, SEC.20(2)(a-iv) OF THE KARNATAKA
COOPERATIVE SOCIETIES ACT 1959 IS ULTRA VIRUS AND
LACKS LEGISLATIVE COMPETENCY IN VIEW OF ARTICLE 243 ZI
AND 243 ZO OF CONSTITUTION OF INDIA UNDER ANNEXURE-E
AND ETC.
THESE PETITIONS COMING ON FOR ORDER THIS DAY,
THE COURT MADE THE FOLLOWING:-
10
ORDER
Writ petitions having become infructuous are withdrawn in terms of memo, grounds and remedies otherwise available in law are reserved.
Sd/-
JUDGE BL