Karnataka High Court
Shrishail S/O Gangappa Handigund vs The Deputy Registrar on 21 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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NC: 2023:KHC-D:9198-DB
WA No. 100109 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO. 100109 OF 2022 (S-RES)
BETWEEN:
1. SHRISHAIL S/O. GANGAPPA HANDIGUND,
AGE: 55 YEARS, OCC: EX-SECRETARY,
R/O. HOSUR, TALUK: JAMKHANDI, DIST: BAGALKOT.
2. BASAYYA S/O. SIDRAMAYYA MATHAD,
AGE: 51 YEARS, OCC: EX-ACCOUNTANT,
R/O. HOSUR, TALUK: JAMKHANDI, DIST: BAGALKOT.
...APPELLANTS
(BY SRI.SHIVARAJ P.MUDHOL, ADVOCATE)
AND:
1. THE DEPUTY REGISTRAR
OF CO-OPERATIVE SOCIETIES BAGALKOT,
TALUK: BAGALKOT, DIST: BAGALKOT-587101.
2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE
JAGADISH T R SOCIETIES, AT: JAMKHANDI, TALUK: JAMKHANDI,
HIGH COURT
OF DIST: BAGALKOT-587301.
KARNATAKA
2023.08.23 3. THE ENQUIRY OFFICER,
12:37:16 +0530
SHRI. VIJAYALAXMI CREDIT CO-OPERATIVE
SOCIETY HOSUR, TALUK: JAMKHANDI,
DIST: BAGALKOT-587314.
4. SHRI. VIJAYALAXMI URBAN CREDIT
CO-OPERATIVE SOCIETY HOSUR,
TALUK: JAMKHANDI, DIST: BAGALKOT-587314.
5. OMPRAKASH S/O: BASAPPA BAGEWADI
AGE: 57 YEARS, OCC: BUSINESS
EX-PRESIDENT AND PRESENT DIRECTOR
SHRI. VIJAYALAXMI URBAN CO-OPERATIVE
CREDIT SOCIETY LTD. HOSUR,
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NC: 2023:KHC-D:9198-DB
WA No. 100109 of 2022
TALUK: JAMKHANDI, DIST: BAGALKOT-587314.
6. GIRAMALLAPPA S/O: ANDANEPPA BAGEWADI
AGE: 72 YEARS, OCC: BUSINESS,
PRESENT PRESIDENT, SHRI. VIJAYALAXMI URBAN CO-
OPERATIVE CREDIT SOCIETY LTD. HOSUR,
TALUK: JAMKHANDI, DIST: BAGALKOT-587314.
7. SHANKAREPPA S/O. MALLAPPA BUJARUK,
AGE: 77 YEARS, OCC: AGRICULTURE,
DIRECTOR, SHRI. VIJAYALAXMI
URBAN CO-OPERATIVE CREDIT SOIETY LTD.
HOSUR, TALUK: JAMKHANDI, DIST: BAGALKOT- 587314.
8. SHRISHAIL S/O. SATTYAPPA BUJARUK,
AGE: 65 YEARS, OCC: AGRICULTURE,
EX- DIRECTOR, SHRI. VIJAYALAXMI URBAN
CO-OPERATIVE CREDIT SOIETY LTD.
HOSUR, TALUK: JAMKHANDI, DIST: BAGALKOT-587314.
9. VENKAPPA S/O. MAHALINGAPPA BIJAPUR,
AGE: 70 YEARS, OCC: AGRICULTURE,
EX- DIRECTOR, SHRI. VIJAYALAXMI URBAN
CO-OPERATIVE SOCIET LTD. HOSUR.
TALUK: JAMKHANDI, DIST: BAGALKOT-587314.
10. BHIMASHI S/O. GANGAPPA PUJARI,
AGE: 57 YEARS, OCC: DOCTOR,
DIRECTOR, SHRI. VIJAYALAXMI URBAN
CO-OPERATIVE CREDIT SOIETY LTD.,
HOSUR, TALUK: JAMKHANDI, DIST: BAGALKOT-587314.
11. NAMADEV S/O. YAMANAVVA ALAGUR,
AGE: 70 YEARS, OCC: BUINESS,
EX- DIRECTOR, SHRI VIJAYALAXMI URBAN
CO-OPERATIVE CREDIT SOIETY LTD.,
HOSUR, TALUK: JAMKHANDI, DIST: BAGALKOT-587314.
12. BASAPPA S/O. SANGAPPA BANDI,
AGE: 74 YEARS, OCC: AGRICULTURE,
EX- DIRECTOR, SHRI VIJAY LAXMI URBAN
CO-OPERATIVE CREDIT SOIETY LTD.,
HOSUR, TALUK: JAMKHANDI, DIST: BAGALKOT-587314.
13. SMT. MALLAVVA W/O. LAXMAN KADDI,
AGE: 65 YEARS, OCC: HOUSEHOLD WORK
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NC: 2023:KHC-D:9198-DB
WA No. 100109 of 2022
EX- DIRECTOR, SHRI. VIJAY LAXMI URBAN
CO-OPERATIVE CREDIT SOIETY LTD.,
HOSUR, TALUK: JAMKHANDI, DIST: BAGALKOT-587314.
...RESPONDENTS
(BY SRI.PRAVEEN UPPAR, AGA FOR R1 AND R2; SRI. VIJAYAKUMAR
B.HORATTI, ADV. FOR R4; R3-DISPENSED WITH; R5 TO R10-
SERVED; R11 TO R13-DECEASED)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO SET-SIDE THE ORDER DATED
16/11/2021 IN WRIT PETITION NO.62647/2012 (CS-RES) AND WRIT
PETITION NO.62648/2012 PASSED BY LEARNED SINGLE JUDGE TO
REMAND THE MATTER TO THE 1ST RESPONDENT FOR FRESH
CONSIDERATION BY ALLOWING THIS WRIT APPEAL AND TO REMAND
THE MATTER IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY,
S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra-Court appeal by unsuccessful writ
petitioners in WP No.62647/2012 c/w WP No.62648/2012
is directed against the impugned order dated 16.11.2021
passed by the learned Single Judge, whereby the said writ
petitions preferred by the appellants/petitioners were
dismissed by the learned Single Judge.
2. Heard the learned counsel for the appellants,
learned AGA for the respondents/State and Sri.
Vijaykumar B Horatti, learned counsel for respondent
No.4/Society and perused the material on record.
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WA No. 100109 of 2022
3. The material on record discloses that the
appellants are the Ex-Secretary and Ex-Accountant
respectively of respondent No.4/Co-operative Society, of
which respondents No.5 to 13 are the Board of Directors.
An enquiry under Section 64 of the Karnataka Co-
operative Societies Act, 1959 (for short, 'the Act of 1959')
having been conducted against the appellants, findings
were recorded not only against the appellants but also
against Board of Directors and enquiry report in this
regard was submitted, pursuant to which, order dated
30.06.2011 was passed calling upon the appellants and
other Board of Directors to rectify the defects within a
period of thirty days. Aggrieved by the same, the
appellants filed an appeal before the 1st respondent-first
appellate Authority challenging the order of 2nd
respondent/ARCS along with 16 additional documents on
28.01.2012, as can be seen from the order sheet
maintained by respondent No.1/first appellate Authority,
which is produced by the learned counsel for the
appellants along with a memo dated 21.08.2023.
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WA No. 100109 of 2022
4. A perusal of the aforesaid order sheet
maintained by 1st respondent/first appellate Authority will
indicate that the said 16 additional documents were
produced before the appellate authority on 28.1.2012. It
is the grievance of the appellants that without considering
the existing material on record as well as additional
documents produced by the appellants, the first appellate
Authority dismissed the appeal, which was assailed by the
appellants/writ petitioners before the learned Single
Judge. By the impugned order, learned Single Judge
dismissed the writ petitions preferred by the appellants on
the ground that sufficient opportunity was granted in
favour of the appellants to put-forth their contentions.
Aggrieved by the impugned orders passed by 2nd
respondent/ARCS, 1st respondent/first appellate Authority
as well as impugned order passed by the learned Single
Judge, the appellants are before this Court by way of
present appeal.
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WA No. 100109 of 2022
5. A perusal of the material on record including
the impugned orders as well as order sheet maintained by
1st respondent/first appellate Authority will indicate that 16
additional documents had been produced by the appellants
on 28.1.2012 and the said documents have not been
considered either by the first appellate Authority or by the
learned Single Judge while passing the impugned orders.
On this short ground alone, in order to provide one more
opportunity to the appellants to put-forth their claims and
to enable the 1st respondent/first appellate Authority to
reconsider the matter afresh after taking into account the
additional documents produced by the appellants, we
deem it just and appropriate to set-aside the impugned
order passed by the learned Single Judge, the orders
passed by the 1st respondent-first appellate Authority at
Annexure-H and 2nd respondent/ARCS at Annexure-E and
remit the matter back to the 1st respondent/first appellate
Authority for reconsideration afresh in accordance with law
by leaving open all contentions to be reconsidered/decided
afresh by the first appellate Authority.
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WA No. 100109 of 2022
6. In the result, writ appeal stands allowed. The
impugned order dated 16.11.2021 passed by the learned
Single Judge, the order dated 10.02.2012 passed by the
1st respondent-first appellate Authority at Annexure-H as
well as the order dated 30.06.2011 passed by the 2nd
respondent/ARCS at Annexure-E are hereby set-aside.
The matter is remitted back to the 1st respondent/first
appellate Authority for reconsideration afresh after taking
into account the entire material on record including
additional documents produced by the appellants on
28.1.2012 in accordance with law within a period of six
months from the date of receipt of certified copy of this
judgment. Liberty is reserved in favour of both the parties
to produce some more additional documents before the
first appellate Authority, which shall be considered in
accordance with law.
All rival contentions are kept open and no opinion is
expressed on the same.
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WA No. 100109 of 2022
Pending applications, if any, do not survive for
consideration and accordingly, they are disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
