Primary Agriculture Credit Co ... vs The State Of Karnataka
2023 Latest Caselaw 2280 Kant

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                                                          WP No. 636 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 19TH DAY OF APRIL, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                          WRIT PETITION NO. 636 OF 2023 (CS-RES)
                   BETWEEN:

                   PRIMARY AGRICULTURE
                   CREDIT CO OPERATIVE SOCIETY LTD.,
                   SOSALE,
                   SOSALE HOBLI,
                   T. NARASIPURA TALUK,
                   MYSURU DISTRICT-573 102,
                   REPRESENTED BY ITS CEO
                   (SOCIETY REGISTERED UNDER THE KARNATAKA CO-
                   OPERATIVE SOCIETIES ACT, 1959)
                                                                  ...PETITIONER
                   (BY SRI. SANDESH T B.,ADVOCATE)


                   AND:

                   1.   THE STATE OF KARNATAKA
                        DEPARTMENT OF CO-OPERATION,
                        M.S. BUILDING,
Digitally signed        DR. B. R. AMBEDKAR VEEDHI,
by                      BENGALURU-560 001,
NARAYANAPPA
LAKSHMAMMA              REPRESENTED BY ITS SECRETARY.
Location: HIGH
COURT OF           2.   THE ASSISTANT REGISTRAR OF
KARNATAKA               CO-OPERATIVE SOCIETIES
                        MYSURU SUB-DIVISION,
                        MYSURU-570 001.

                   3.   SRI RAJASHEKARMURTHY
                        S/O JAYASHANKAR,
                        AGED ABOUT 56 YEARS
                        CHIEF PROMOTER
                        PROPOSED BENAKANAHALLI PRIMARY
                        AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD,
                        BENAKANAHALLI,
                                    -2-
                                                WP No. 636 of 2023




     T. NARASIPURA TALUK,
     MYSURU DISTRICT-573102
                                                       ...RESPONDENTS
(BY SRI. DEVI PRASAD SHETTY.,ADVOCATE FOR R3;
    SMT. A.R. SHARDAMBA, AGA FOR R1 & R2)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE ORDER DTD. 26.12.2022 PASSED BY R-
2 IN NO.SaNi41/C-10/HOT/ViVa-09/2022-23 VIDE ANNX-J. IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.


     THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                                 ORDER

1. The petitioner is before this Court seeking for the

following reliefs;

a. To issue a writ of certiorari quashing the order dated. 26.12.2022 passed by respondent No.2 in No.SaNi41/C-10/HOT/ViVa-09/2022-23 vide Annexure-J. in the interest of justice and equity and etc.

b. Issue such other order or direction as this hon'ble court deems fit under the circumstances of the case in the interest of justice and equity.

2. The grievance of the petitioner is that the impugned

order dated 26.12.2022 at Annexure-J has been passed

by respondent No.2 without giving sufficient opportunity

to the petitioner, in as much as upon the appearance of

the petitioner the matter had been adjourned to

9.12.2022 when the petitioner was to file objection. On

9.12.2022 there was no sitting of respondent No.2 and

WP No. 636 of 2023

the next date not having been informed to the petitioner,

the respondent No.2 has passed the order on

26.12.2022. Therefore, the petitioner did not have the

opportunity either to file his objections or make his

submissions in the matter.

3. Learned AGA submits that, when there was no sitting of

the respondent No.2 dates were given in the office and it

is for a litigant like the petitioner to verify from the office

about the date and to appear on that date.

4. Heard Sri.Sandesh.T.B., learned counsel appearing for

petitioner, Smt.A.R.Sharadamba., learned AGA for

respondents No.1 and 2 and Sri.Devi Prasad Shetty,

learned counsel appearing for respondent No.3.

5. Admittedly, the matter was posted on 9.12.2022 when

there was no sitting and thereafter the was adjourned to

16.12.2022 noticing that there was a strike by the

lawyers the matter was adjourned to 19.12.2022, on

19.12.2022 respondent No.2 had no sitting and the

matter was adjourned to 23.12.2022 when respondent

No.2 had no sitting since he was otherwise busy in

administrative duties and the matter was adjourned to

26.12.2022 when order were passed.

WP No. 636 of 2023

6. A perusal of the said order sheet and appreciation of the

above would indicate that the petitioner has not been

provided necessary opportunity to file his objection and

no hearing has been provided. Though the matter has

been adjourned for several dates namely three in

number, on two of those dates there was no sitting of

the Presiding Officer the only date on which sitting is held

noticing that both parties were absent the orders have

been passed. This court in several other matter relating

to quasi-judicial authorities has issued necessary

directions for the implementation of the similar system as

that done for proceeding before the District Courts. The

said direction would be equally appliable to the present

case also where the respondent No.2 is discharging the

quasi-judicial functions in respect of the disputes in

relation to Co-Operative Societies.

7. It is required that suitable directions are issued to

the Principal Secretary to Government, Department of

Cooperation with assistance of the Secretary

E-Governance to institute appropriate system and

methodology to webhost all case proceedings

WP No. 636 of 2023

including the daily orders and judgments on the

relevant website of that particular authority in a

similar manner as done by this Court as also the

District Courts.

8. All details of the proceedings including the date on

which the matter is posted, the daily orders which

have been passed, evidence which has been

recorded, directions which have been issued, as also

the final Judgment which has been passed would be

required to be uploaded on the relevant website.

Necessary arrangements to be made to inform the

litigants, as also advocates by SMS and/or e-mail,

wherever e-mail id is provided about the orders

passed like that done by this Court.

9. Whenever there is any adjournment which is made

by quasi-judicial authority, detailed reasoning to be

given as to why the matter is being adjourned rather

than laconic statement that the Presiding Officer is

otherwise busy in administrative function. A suitable

monitoring system to be established by the Principal

WP No. 636 of 2023

Secretary to Government, Department of Cooperation

with assistance of the Secretary

E-Governance to monitor the progress of all quasi-

judicial proceedings before the Authorities coming

under his jurisdiction.

10. Comprehensive report, detailed project plan, as also

detailed action taken report to be submitted within a

period of eight weeks from date of this order.

11. Learned AGA is directed to bring to the notice of the

he Principal Secretary to Government, Department of

Cooperation with assistance of the Secretary

E-Governance about the seriousness of the matter,

more so, in this particular matter where proceedings

were pending from 2002 to 2014 where more than

hundred adjournments have been granted on

account of the Presiding Officer being otherwise busy

in administrative functions.

12. The Chief Secretary, Government of Karnataka is

also directed to explore the possibility of appointing

separate set of persons to deal with quasi-judicial

WP No. 636 of 2023

functions who is not required to discharge

administrative functions, so that long pending

matters can be completed at the earliest.

13. In this age when courts have also installed hybrid

hearings through video conferencing, the Chief

Secretary to explore the possibility of making

available similar facilities at all quasi-judicial

authorities so as to enable easy access to justice to

the citizens of the country. Assistance of the

Secretary, E-governance Department to be taken in

regard to the directions issued. The same is most

essential for good governance as also for resolution

of dispute.

14. In view of the above, I pass the following;

ORDER

i. The writ petition is allowed.

ii. A certiorari is issued, the order date 26.12.2023 passed by respondent No.2 at Annexure-J is hereby quashed.

iii. The matter is remitted to respondent No.2 for fresh consideration. Since the order is passed

WP No. 636 of 2023

in the presence of the both the counsels the petitioner and respondent No.3 they shall remain present before Respondent No.2 on 27.4.2023 at 11.00 a.m. without requirement of any further notice.

iv. Respondent No.2 shall afford an opportunity of hearing to both the petitioner and respondent No.3 and dispose the matter in accordance with law.

v. It is made clear that this Court has not expressed any opinion on the merits of the matter.

vi. The petitioner and respondent No.3 shall address their arguments on that date without seeking for any adjournments. vii. Though the matter is disposed, re-list on 29.6.2023 to report compliance with above direction.

Pending IAs stands disposed.

Sd/-

JUDGE

SR