Karnataka High Court
Smt. Yallavva W/O Shivappa ... vs The Deputy Registrar on 23 September, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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NC: 2023:KHC-D:11126-DB
WA No. 100277 of 2021
C/W WP No. 105126 of 2021
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23RD DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO. 100277 OF 2021 (CS-EL/M)
C/W
WRIT PETITION NO. 105126 OF 2021(CS-RES)
IN WA NO.100277 OF 2021:
BETWEEN:
1. SMT. YALLAVVA
W/O. SHIVAPPA JAMBALI,
AGE: 55 YEARS,
OCC: AGR./DIRECTOR OF
PCARD BANK LTD.,
R/O: LIMBALAGANDI-583236,
TQ: YALABURGA, DIST: KOPPAL.
2. DEVENDRAGOUDA
S/O. BALANAGOUDA POLICEPATIL,
AGE: 55 YEARS,
KM
SOMASHEKAR
OCC: AGR./DIRECTOR OF
HIGH COURT OF
KARNATAKA
PCARD BANK LTD.,
DHARWAD BENCH
2023.09.23 R/O: ARAKERI-583236,
14:58:48 +0530
TQ: YALABURGA, DIST: KOPPAL.
3. SMT. GANGAMMA
W/O. SHIVASANGAPPA HALLAD,
AGE: 52 YEARS,
OCC: AGR./DIRECTOR OF
PCARD BANK LTD.,
R/O: MURADI-583236,
TQ: YALABURGA, DIST: KOPPAL.
...APPELLANTS
(BY SRI. K.H.BAGI, ADVOCATE)
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WA No. 100277 of 2021
C/W WP No. 105126 of 2021
AND:
1. THE DEPUTY REGISTRAR
OF CO-OPERATIVE SOCIETIES,
MINI VIDHANA SOUDHA,
KOPPAL, KOPPAL-583231.
2. THE RETURNING OFFICER AND TAHASILDAR
PRIMARY COOPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT AND BANK LTD.,
YALABURGA, TQ: YALABURGA,
DIST: KOPPAL-583233.
3. CO-OPERATIVE DEVELOPMENT OFFICER AND
VERIFICATION OFFICER,
PRIMARY COOPERATIVE AGRICULTURE
AND RURAL DEVELOPMENT BANK LTD.,
YALABURGA, YALABURGA-583236,
TQ: YALABURGA, DIST: KOPPAL.
4. THE SECRETARY
PRIMARY COOPERATIVE AGRICULTURE
AND RURAL DEVELOPMENT BANK LTD.,
YALABURGA, YALABURGA-583236,
TQ: YALABURGA, DIST: KOPPAL.
5. BHIMAREDDY
S/O. CHANNABASAPPA SHADALAGERI
AGE: 45 YEARS, OCC: AGR./DIRECTOR,
PCARD BANK LTD., YELABURGA,
R/O: CHIKENAKOPPA-583236,
TQ: YELBURGA, DIST: KOPPAL.
6. HANAMAGOUDA
S/O. BALANAGOUDA POLICEPATIL,
AGE: 42 YEARS, OCC: ARI./DIRECTOR,
PCARD BANK, YELABURGA,
R/O: ARAKERI-583236,
TQ: YELBURGA, DIST: KOPPAL.
7. RAMAPPA
S/O. MARIYAPPA DODDAMANI,
AGE: 52 YEARS, OCC: DIRECTOR,
PCARD BANK, YELABURGA,
R/O: CHIKENAKOPPA-583236,
TQ: YELBURGA, DIST: KOPPAL.
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WA No. 100277 of 2021
C/W WP No. 105126 of 2021
8. ULAVENDRASWAMY
S/O. YECHARASWAMY MOUNESHWARMATH,
AGE: 43 YEARS, OCC: DIRECTOR,
PCARD BANK, YELABURGA,
R/O: LIMBALAGANDI-583236,
TQ: YELBURGA, DIST: KOPPAL.
9. PARVATEVVA
W/O. NEELAKANTHAPPA BALLARY,
AGE: 52 YEARS, OCC: AGRI./DIRECTOR
PCARD BANK, YELABURGA,
R/O: MARAKAT-583236,
TQ: YELABURGA, DIST: KOPPAL.
10. CHANDRASHEKHARAYYA
S/O. VISHWANATH HIREMATH,
AGE: 56 YEARS, OCC: AGRI./DIRECTOR.
PCARD BANK, YELABURGA,
R/O: BANAPUR-583236,
TQ: YALABURGA, DIST: KOPPAL.
11. SUNIL KULKARNI
AGE: 55 YEARS, OCC: SEED BUSINESS,
R/O: YALABURGA-583236,
TQ: YALABURGA, DIST: KOPPAL.
12. SHARANAPPA
S/O. CHANNAPPA MUTTAL,
AGE: 52 YEARS, OCC: BUSINESS,
R/O: ADOOR-583236,
TQ: YALABURGA, DIST: KOPPAL.
13. SHARANAGOUDA
S/O. VEERANAGOUDA POLICEPATIL,
AGE: 50 YEARS, OCC: AGRI. DIRECTOR
OF PCARD BANK LTD.,
R/O: YALABURGA-583236,
TQ: YALABURGA, DIST: KOPPAL.
...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1 TO R3;
SRI.HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R4;
SRI.SHRIKANT D.BABLADI, ADVOCATE FOR R11 TO R13;
R5 TO R10-SERVED)
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WA No. 100277 of 2021
C/W WP No. 105126 of 2021
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO, CALL FOR
RECORDS IN WRIT PETITION NO.104240/2021 (CS); SET ASIDE THE
ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION
NO.104240/2021 (CS) DATED 15.11.2021 AND SET ASIDE THE
ORDER PASSED BY THE 1ST RESPONDENT IN DISPUTE NO.80/2019-
20 DATED 20.09.2021 AND NO.UNIKO/VI-1/KALAM31/26/2021-22,
BY ALLOWING THIS WRIT APPEAL, IN THE INTEREST OF JUSTICE
AND EQUITY.
IN WP NO.105126 OF 2021:
BETWEEN:
1. SMT. YALLAVVA
W/O. SHIVAPPA JAMBALI,
AGE: 55 YEARS,
OCC: AGR./DIRECTOR OF
PCARD BANK LTD.,
R/O. LIMBALAGANDI-58336,
TQ: YALABURGA, DIST: KOPPAL.
2. DEVENDRAGOUDA
S/O. BALANAGOUDA POLICEPATIL,
AGE. 55 YEARS,
OCC. AGR./DIRECTOR
OF PCARD BANK LTD.,
R/O. ARAKERI-58336,
TQ: YALABURGA, DIST: KOPPAL.
3. SMT. GANGAMMA
W/O. SHIVASANGAPPA HALLAD,
AGE: 52 YEARS,
OCC: AGR./DIRECTOR OF
PCARD BANK LTD., R/O: MURADI-58336,
TQ: YALABURGA, DIST: KOPPAL.
...PETITIONERS
(BY SRI. K.H.BAGI, ADVOCATE)
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NC: 2023:KHC-D:11126-DB
WA No. 100277 of 2021
C/W WP No. 105126 of 2021
AND:
1. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES
MINI VIDHANA SOUDHA,
KOPPAL, KOPPAL-583231.
2. THE SECRETARY
PRIMARY CO-OPERATIVE AGRICULTURE
AND RURAL DEVELOPMENT BANK LTD.,
YALABURGA, YALABURGA-583236,
TQ: YALABURGA, DIST: KOPPAL.
3. THE ADMINISTRATIVE OFFICER
KARNATAKA STATE CO-OPERATIVE
AGRICULTURAL AND RURAL
DEVELOPMENT BANK,
BASAVESHWAR CIRCLE,
PICARD BANK CAMPUS,
KOPPAL-583231.
...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1 TO R3;
SRI.HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT,
ORDER OR DIRECTION IN NATURE OF CERTIORARI QUASHING THE
IMPUGNED ENDOWMENT ISSUED BY THE RESPONDENT NO.1 IN
NO.UNIKO/VI-6/VYAJYA/2021-22/1672 DATED 06.12.2021 AS PER
ANNEXURE-N BY ALLOWING THE WRIT PETITION IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS WRIT APPEAL AND THE WRIT PETITION COMING ON FOR
PRELIMINARY HEARING, THIS DAY, S.R.KRISHNA KUMAR J.,
DELIVERED THE FOLLOWING:
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WA No. 100277 of 2021
C/W WP No. 105126 of 2021
JUDGMENT
Writ Appeal No.100277/2021 is directed against the
impugned order dated 15.11.2021 passed in
W.P.No.104240/2021 whereby the said petition filed by the
appellants was disposed of by the learned Single Judge.
2. Writ Petition No.105126/2021 is also preferred by
the very same appellants challenging the communication dated
06.12.2021 issued by the Deputy Registrar of Co-operative
Societies and the impugned notice dated 29.11.2021 and for
other reliefs.
3. The material on record discloses that the appellants
were elected to the Board of Management of respondent No.4-
Co-operative Bank in the election conducted on 13.01.2020.
Subsequently, pursuant to proceedings initiated by the private
contesting respondents under Section 70 of the Karnataka Co-
operative Societies Act, the election of the appellants was set
aside by the 1st respondent-Deputy Registrar of Co-operative
Societies vide order dated 20.09.2021. On the same day i.e.,
20.09.2021, an Administrator was appointed to manage the
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affairs of the 4th respondent-Bank under Section 31 of the said
Act of 1959.
4. Aggrieved by the aforesaid order dated 20.09.2021
setting aside their elections, the appellants approached the
Karnataka Appellate Tribunal and sought for stay of the
aforesaid order. However, the Tribunal having declined to pass
any interim order in favour of the appellants, they approached
this Court in the instant Writ Petition No.104240/2021 which
was disposed of by the learned Single Judge by passing the
impugned order which is assailed in the present appeal. On
29.11.2021, this Court passed an interim order in the present
appeal staying the aforesaid order of the DRCS dated
20.09.2021 which had set aside the election of the appellants.
However, this Court clarified that the question relating to
appointment of Administrator vide order dated 20.09.2021 was
kept open and the said interim order of stay passed by this
Court would not relate to the appointment of the Administrator.
5. Subsequently, the appellants submitted a
representation dated 01.12.2021 to the DRCS intimating him
about the interim order dated 29.11.2021 passed in the present
appeal and called upon him to recall the Administrator and
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permit the appellants to manage the 4th respondent-Bank. The
DRCS responded by issuing a communication dated 06.12.2021
declining to accede to the request of the appellants. The
appellants have preferred W.P. N.105126/2021 challenging the
aforesaid communication dated 06.12.2021 and other reliefs.
This petition has been tagged along with the present appeal
and with the consent of all parties, both the appeal and the writ
petition are taken up together and disposed of by this common
order.
6. A perusal of the material on record will indicate that
the appeal preferred by the appellants before the KAT,
Bangalore in Co.Appeal No.203/2021 involves adjudication of
the rival contentions urged by both sides and the said appeal is
pending before the Tribunal. As stated supra, the legality,
validity and correctness of the order dated 20th September
2021 passed by the DRCS setting aside the election of the
appellants to the Board of Management of the respondent
NO.4-Bank is seized by the KAT in the aforesaid appeal which is
pending adjudication and all rival contentions between the
parties involved in the present appeal as well as in the writ
petition would necessarily have to be decided by the KAT.
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C/W WP No. 105126 of 2021
Under these circumstances, though several contentions have
been urged by both sides in support of their respective claims
in the appeal as well as in the writ petition, without expressing
any opinion on the merits/demerits of the rival contentions and
leaving/keeping the same open for adjudication by the KAT, we
deem it just and appropriate to dispose of both the appeal as
well as the writ petition by directing the KAT to consider and
dispose of Co.Appeal No.203/2021 in accordance with law as
expeditiously as possible and within a period of one month from
the date of receipt of a copy of this order.
7. In the result, we pass the following:
ORDER
i) Both W.A. No.100277/2021 and W.P. 105126/2021
are hereby disposed of.
ii) The Karnataka Appellate Tribunal, Bengaluru is
directed to consider and dispose of Co.Appeal
No.203/2021 on merits in accordance with law as
expeditiously as possible and within a period of one
month from the date of receipt of a copy of this
order.
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iii) All rival contentions are kept open and no opinion is
expressed on the same.
iv) In view of the disposal of the appeal and the writ
petition, all interim orders passed by this Court in
the appeal and the petition stand automatically
dissolved and pending interlocutory applications do
not survive and the same are accordingly disposed
of.
Sd
JUDGE
Sd
JUDGE
JM
