H. Daksinamurthy vs State Of Karnataka
2022 Latest Caselaw 12032 Kant

                            1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 21ST DAY OF SEPTEMBER, 2022

                       BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

      WRIT PETITION NO.18610/2022 (CS - RES)

BETWEEN


H. DAKSINAMURTHY,
S/O HOMBALAIAH,
AGED ABOUT 55 YEARS,
NO. 237, CITB, 2ND STAGE,
KUVEMPUNAGARA,
MYSURU - 570 001.
                                      ...PETITIONER
(BY SRI.SANDESH T.B., ADVOCATE)

AND

1.     STATE OF KARNATAKA,
       DEPARTMENT OF CO-OPERATION,
       M.S. BUILDING,
       BENGALURU - 560 001,
       REPRESENTED BY ITS
       CHIEF SECRETARY.

2.     THE ADDITIONAL REGISTRAR OF
       CO-OPERATIVE SOCIETIES,
       ALI ASKAR ROAD,
       BENGALURU - 560 052.

3.     THE JOINT REGISTRAR OF
       CO-OPERATIVE SOCIETIES,
       MYSURU DIVISION,
       MYSURU - 560 001.
                            2

4.    M.C.D.C.C. W. STORES LIMITED,
      NEW SANTHEPETE,
      MYSURU - 570 010,
      REPRESENTED BY ITS CEO.

5.    M.C.D.C.C.W. STORES LIMITED,
      NEW SANTHEPETE,
      MYSURU - 570 010,
      REPRESENTED BY ITS PRESIDENT.

6.    THE MYSURU CITY CO-OPERATIVE BANK LTD.,
      MYSURU,
      MYSURU DISTRICT - 570 001.
                                     ...RESPONDENTS
(BY SMT.KAVITHA H.C., HCGP FOR R1 TO R3;
     SRI.AKARSH KUMAR GOWDA, ADVOCATE FOR R5;
     NOTICE TO R4 DISPENSED WITH VIDE ORDER
     DATED 21.09.2022)


     THIS PETITION IS FILED UNDER ARTICLES 226 AN
D227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 24.09.2021 IN 29C DISPUTE
NO.JRM/DIS/9/2020-21 PASSED BY THE R2 VIDE
ANNEXURE - A; QUASH THE ODER DATED 26.08.2022 IN
APPEAL NO. ANI (BA AND MA) /D3/DAP/02/2022-23
PASSED BY THE R3 VIDE ANNEXURE - G AND ETC.,


     THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

The petitioner is before this Court seeking for the

following reliefs:

i. To quash the order dated 24.09.2021 in 29C Dispute No.JRM/DIS/9/2020-21 passed by the respondent No.2 vide Annexure-A.

ii. To quash the order dated 26.08.2022 in appeal No.ANI (BA&MA)/D3/DAP/02/2022-23 passed by respondent No.3 vide Annexure-G.

2. Heard the learned counsel for the petitioner

and learned counsel for respondent Nos.4 and 5.

Perused the material on record.

3. The material on record discloses that

aggrieved by the order dated 24.09.2021 disqualifying

the petitioner from respondent No.4 - Society, the

petitioner preferred an appeal before respondent No.2

- Appellate Authority, which is pending adjudication.

In the said appeal, the petitioner filed an application

seeking stay of the aforesaid order dated 24.09.2021.

The said application having been rejected by

respondent No.2 - Appellate Authority by passing the

impugned order dated 26.08.2022, the petitioner is

before this Court by way of the present petition.

4. Though several contentions having been

urged by both the parties in support of their

respective claims, without expressing any opinion on

the merits/demerits of the rival contentions, I deem it

appropriate to direct respondent No.2 - Appellate

Authority to dispose of the appeal within a period of

three months from the date of receipt of copy of this

order in accordance with law after hearing all the

parties.

5. It is further directed that till respondent

No.2 - Appellant Authority decides the appeal

preferred by the petitioner, the order dated

24.09.2021 passed by respondent No.3 - JRCS shall

remain in abeyance and the same will not be given

effect to till disposal of the appeal.

Subject to aforesaid directions, the petition

stands disposed of.

Sd/-

JUDGE

KA