Karnataka High Court
Anita W/O Nagapati Hegde vs Assistant Registrar Of Co Operative ... on 4 January, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:242
WP No. 104657 of 2021
C/W WP No. 104599 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 104657 OF 2021 (CS-DAS)
C/W
WRIT PETITION NO. 104599 OF 2021
IN WP NO.104657/2021
BETWEEN:
1. ANITA W/O NAGAPATI HEGDE
A/A 51 YEARS, TEACHER,
R/O. KUNDARAGI,
TAL. YELLAPUR,
UTTAR KANNADA DISTRICT.
2. NAGAPATI SUBRAY HEGDE
A/A AGE. 60 YEARS,
SUJATA OCC. AGRICULTURIST,
SUBHASH R/O. KUNDARAGI,
PAMMAR TAL. YELLAPUR,
Digitally signed by
UTTARA KANNADA DISTRICT.
SUJATA SUBHASH
PAMMAR
Date: 2024.01.08 ...PETITIONERS
11:28:53 +0530
(BY SRI. A P HEGDE., ADVOCATE)
AND:
1. ASSISTANT REGISTRAR OF CO OPERATIVE
SOCIETIES, SIRSI SUB-DIVISION,
SIRSI, UTTARA KANNADA DISTRICT.
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NC: 2024:KHC-D:242
WP No. 104657 of 2021
C/W WP No. 104599 of 2021
2. KUNDARGI SEVA SAHAKARI SANGHA NIYAMITA
BHARATANAHALLI, TAL. YELLAPUR,
UTTAR KANNADA DISTRICT.
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
...RESPONDENTS
(BY SRI. V.S.KALASURMATH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED JUDGMENT AND AWARD PASSED BY RESPONDENT
NO.1 DATED 21.9.2021 IN ARBITRATION SUIT NO.AR-21/ABN/
28/2018-19 (ANNEXURE C AND D) BY ALLOWING THIS WRIT
PETITION AND TO REMAND THE MATTER BACK TO
RESPONDENT NO.1 WITH A DIRECTION TO DECIDE THE CASE
IN ACCORDANCE WITH LAW AFTER AFFORDING SUFFICIENT
OPPORTUNITY TO THE PETITIONERS, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP NO.104599/2021
BETWEEN:
NAGAPATI SUBRAY HEDGE,
A/A 60 YEARS, AGRICULTURIST
R/O KUNDARAGI, TAL-YELLAPUR,
UTTAR KANNADA DISTRICT.
....PETITIONER
(BY SRI. A P HEGDE., ADVOCATE)
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NC: 2024:KHC-D:242
WP No. 104657 of 2021
C/W WP No. 104599 of 2021
AND:
1. ASSISTANT REGISTRAR OF CO OPERATIVE
SOCIETIES, SIRSI SUB-DIVISION,
SIRSI, UTTARA KANNADA DISTRICT.
2. KUNDARGI SEVA SAHAKARI
SANGHA NIYAMITA BHARATANAHALLI, TAL.
YELLAPUR, UTTAR KANNADA DISTRICT.
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
....RESPONDENTS.
BY SRI. V.S.KALASURMATH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED JUDGMENT AND AWARD PASSED BY RESPONDENT
NO.1 DATED 21.9.2021 IN ARBITRATION SUIT NO.AR-21/ABN/
28/2018-19 (ANNEXURE C AND D) BY ALLOWING THIS WRIT
PETITION AND TO REMAND THE MATTER BACK TO
RESPONDENT NO.1 WITH A DIRECTION TO DECIDE THE CASE
IN ACCORDANCE WITH LAW AFTER AFFORDING SUFFICIENT
OPPORTUNITY TO THE PETITIONERS, IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:242
WP No. 104657 of 2021
C/W WP No. 104599 of 2021
ORDER
These petitions are filed challenging the judgment
and award dated 21.09.2021 passed by the respondent
No.1 in exercise power under Section 71 of the Karnataka
Co-Operative Societies Act, 1959 (for short, hereinafter
referred to as 'the Act'). Against the order passed under
Section 71 of the Act, an efficacious statutory remedy of
appeal is provided under Section 105 of the Karnataka
Co-Operative Societies Act, 1959. Therefore, the present
petition filed without exhausting the alternative remedy
provided under the Act is not maintainable. Accordingly,
the petitions stand dismissed, reserving liberty to the
petitioners to file an appeal before the Karnataka Appellate
Tribunal under Section 105 of the Act.
Sd/-
JUDGE
SSP
