Karnataka High Court
Naushad Ahmad Inamdar S/O Nazeer ... vs The State Of Karnataka on 24 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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NC: 2023:KHC-D:9506-DB
WA No.100135 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH 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.100135 OF 2023 (S-RES)
BETWEEN:
1. NAUSHAD AHMAD INAMDAR
S/O. NAZEER AHMAD INAMADAR,
AGE: 39 YEARS,
OCC: CLERK CUM CASHIER,
TAMEER CO-OPERATIVE CREDIT SOCIETY LTD.,
BOBRUWADA BRANCH,
ANKOLA-581314,
DIST: UTTARA KANNADA.
2. MOHAMED RAFIQ HUSSAIN SAB
MOHANKUMAR S/O. BASHASAB HUSSAIN SAB
B SHELAR
HIGH COURT AGE: 42 YEARS,
OF KARNATAKA OCC: CLERK CUM CASHIER,
2023.08.28
15:41:38 +0530 TAMEER CO-OPERATIVE CREDIT SOCIETY LTD.,
SIRSI BRANCH SIRSI-581401,
DIST: UTTARA KANNADA.
3. IBRAHIM KALEEL SYED HUSSAIN PEERZADE
S/O. SYED HUSSAINBASHA PEERZADE,
AGE: 43 YEARS,
OCC: CLERK CUM CASHIER,
TAMEER CO-OPERATIVE CREDIT SOCIETY LTD.,
BOBRUWADA BRANCH,
ANKOLA BRANCH-581314,
DIST: UTTARA KANNADA.
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WA No.100135 of 2023
4. RIAZ AHMAD SHEIKH
S/O. MOHAMED YUSUF SHAIKH,
AGE: 44 YEARS,
OCC: CLERK CUM CASHIER,
TAMEER CO-OPERATIVE CREDIT SOCIETY LTD.,
KALAMMA NAGAR, YELLAPUR BRANCH,
YELLAPUR-581359,
DIST: UTTARA KANNADA.
5. SMT. SHAHEEN FAIROZ SHAIKH,
W/O. FAIROZ SHAIKH,
AGE: 41 YEARS,
OCC: CLERK CUM CASHIER,
TAMEER CO-OPERATIVE CREDIT SOCIETY LTD.,
HIGH CHURCH ROAD, BINAGE GHATI,
MUSLIM GALLI, KARWAR BRANCH,
KARWAR-581301,
DIST: UTTARA KANNADA.
6. MUNEER AHMAD SHOUKATH ALI TATWANGI
S/O. SHOUKATH ALI TATWANGI,
AGE: 40 YEARS,
OCC: CLERK CUM CASHIER,
TAMEER CO-OPERATIVE CREDIT SOCIETY LTD.,
HALIYAL BRANCH,
HALIYAL-581329,
DIST: UTTARA KANNADA.
...APPELLANTS
(BY SRI. NARAYAN V.YAJI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS CHIEF SECRETARY,
DEPARTMENT OF CO-OPERATION,
M.S.BUILDING,
DR.AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE REGISTRAR OF CO-OPERATIVE
SOCIETIES,
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WA No.100135 of 2023
NO.1, ALI ASKAR ROAD,
BENGALURU-560051.
3. DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES, KARWAR,
UTTARA KANNADA-581301.
4. TAMEER CO-OPERATIVE CREDIT
SOCIETY LTD.,
HAVING REGISTERED OFFICE AT
BOBRUWADA
TQ. ANKOLA-581314,
UTTAR KANNADA DISTRICT,
BY ITS SECRETARY.
5. TAMEER CO-OPERATIVE CREDIT
SOCIETY LTD,
ADMINISTRATIVE OFFICE AT SIRSI,
UTTARA KANNADA DISTRICT,
REPRESENTED BY ITS SECRETARY,
CUM GENERAL MANAGER.
...RESPONDENTS
(BY SRI. G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1 TO R3
SRI. VISHWANATH J. BHAT, ADVOCATE FOR R5)
(R4-SERVED)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT BE
PLEASED TO, SET ASIDE THE ORDER PASSED BY THE
LEARNED SINGLE JUDGE IN WRIT PETITION NO.103865/2022
(S-RES) DATED 03.01.2023 AS IT IS ILLEGAL AND
CONSEQUENTLY GRANT THE RELIEF AS PRAYED IN WRIT
PETITION NO.103865/2022 (S-RES) AND PASS SUCH OTHER
ORDER OR ORDERS AS THIS HON BLE COURT DEEMS FIT
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, TO
MEET THE ENDS OF JUSTICE AND EQUITY.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, S.R.KRISHNA KUMAR J., DELIVERED
THE FOLLOWING:
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WA No.100135 of 2023
JUDGMENT
This intra-court appeal by the unsuccessful writ
petitioners in W.P. No.103865/2022 is directed against the
impugned order dated 03.01.2023 whereby the request of
the appellants-writ petitioners to issue direction to
respondents No.4 and 5-Co-operative Societies to consider
their claim was rejected by the learned Single Judge on the
ground that the respondents No.4 and 5 cannot be construed
or treated as a 'State' within the meaning of Article 12 of the
Constitution of India.
2. After arguing the matter for some time, the
learned counsel for the appellants submits that the
appellants would submit a fresh/new representation to
respondents No.1 to 3 ventilating their grievances and
necessary directions are to be issued to respondents No.1 to
3-State to address grievances of the appellants and to take
necessary steps/pass appropriate orders in this regard.
3. In view of the aforesaid facts and circumstances
of the case and the submission made on behalf of the
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WA No.100135 of 2023
appellants, we deem it just and appropriate to dispose of this
appeal by modifying the impugned order passed by the
learned Single Judge and by directing the appellants to
submit a fresh/new representation, along with necessary
documents, to respondents No.1 to 3 ventilating their
grievances as against respondents No.4 and 5. If such a
representation is submitted within a period of one month
from today, the concerned respondents No.1 to 3 shall
address the grievances of the appellants-writ petitioners and
take appropriate steps/action and pass suitable orders within
a period of three months from the date of submission of the
representation.
Subject to the aforesaid modification to the impugned
order, the appeal stands disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
KMS
