Karnataka High Court
Prathamik Krushi Pattin vs The State Of Karnataka on 29 October, 2024
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NC: 2024:KHC-D:15813
WP No. 105888 of 2024
C/W WP No. 105889 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.105888 OF 2024 (CS-RES)
C/W
WRIT PETITION NO.105889 OF 2024
IN W.P.NO.105888/2024:
BETWEEN:
PRATHAMIK KRUSHI PATTIN
SAHAKARI SANGH NIYAMIT,
SASALATTI, A/P SASALATTI,
REPRESENTED BY ITS PRESIDENT,
GURUBASU HUKKERI,
AGE:48 YEARS, OCC:AGRICULTURE,
R/O:H NO.SASALATTI,
TAL: RABKAVI - BANAHATTI,
DIST: BAGALKOT - 587 315.
...PETITIONER
(BY SRI PRASHANT MATHAPATI, ADVOCATE)
Digitally signed AND:
by SAROJA
HANGARAKI
Location: High
Court of
1. THE STATE OF KARNATAKA,
Karnataka DEPARTMENT OF CO - OPERATION,
BY ITS PRINCIPAL SECRETARY,
M.S. BUILDING, BANGALURU - 560 001.
2. THE ADDITIONAL REGISTRAR OF
CO-OPERATIVE SOCIETIES,
GOVERNMENT OF KARNATAKA,
NO.1, ALI ASKAR ROAD,
BENGALURU - 560 001.
3. THE DEPUTY REGISTRAR OF
CO - OPERATIVE SOCIETIES,
BAGALKOT, DIST: BAGALKOT - 587 101.
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WP No. 105888 of 2024
C/W WP No. 105889 of 2024
4. THE ASSISTANT REGISTRAR OF
CO - OPERATIVE SOCIETIES,
JAMKHANDI, DIST: BAGALKOTE - 587101.
5. DUNDAPPA NAGAPPA PATTANASETTI,
AGE: MAJOR, OCC: AGRICULTURE,
CHIEF PROMOTER, PROPOSED PRATHAMIK
KRUSHI PATTIN SAHAKARI SANGH NIYAMIT,
DHAVALESHWAR, A/P: DHAVALESHWAR,
TAL: RABKAVI - BANAHATTI,
DIST: BAGALKOT - 587 116.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R4;
SRI D. RAVISHANKAR, SENIOR COUNSEL FOR
MS. RANJITA ALAGAWADI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF
CERTIORARI OR ANY OTHER WRIT AND SET ASIDE THE IMPUGNED
ORDER BEARING NO.RCS/CRD/CAB-2/90//2024-25 DATED
27-9-2024 PASSED BY SUBMITTED BY RESPONDENT-2 AT VIDE
ANNEXURE-C IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE
WRIT OF CERTIORARI OR ANY OTHER WRIT AND SET ASIDE THE
IMPUGNED ORDER BEARING NO.AR-8/RSR/RGN/CR-28/2024-25
DATED 01.10.2024 PASSED BY SUBMITTED BY RESPONDENT-4 AT
VIDE ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY.
ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE
RESPONDENT NO.2 AND 4 TO PROVIDE AN OPPORTUNITY OF
HEARING TO THE PETITIONER IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
IN W.P.NO.105889/2024:
BETWEEN:
PRATHAMIK KRUSHI PATTIN
SAHAKARI SANGH NIYAMIT, DHAVALESHWAR,
REPRESENTED BY ITS PRESIDENT,
MAHALINGAPPA S/O. SHANKAREPPA PATTANSHETTI,
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O: DHAVALESHWAR,
TAL: RABKAVI - BANAHATTI,
DIST: BAGALKOT - 587 116.
...PETITIONER
(BY SRI PRASHANT MATHAPATI AND
SRI SHRIHARSH A. NEELOPANT, ADVOCATES)
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WP No. 105888 of 2024
C/W WP No. 105889 of 2024
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO - OPERATION,
BY ITS PRINCIPAL SECRETARY,
M.S. BUILDING, BANGALURU - 560 001.
2. THE ADDITIONAL REGISTRAR OF
CO-OPERATIVE SOCIETIES,
GOVERNMENT OF KARNATAKA,
NO.1, ALI ASKAR ROAD,
BENGALURU - 560 001.
3. THE DEPUTY REGISTRAR OF
CO - OPERATIVE SOCIETIES,
DIST: BAGALKOT - 587 101.
4. THE ASSISTANT REGISTRAR OF
CO - OPERATIVE SOCIETIES,
JAMKHANDI, DIST: BAGALKOTE - 587101.
5. BHARAMAPPA S/O. CHINAPPA ULLAGADDI,
AGE: MAJOR, OCC: AGRICULTURE,
CHIEF PROMOTER, PROPOSED PRATHAMIK
KRUSHI PATTIN SAHAKARI SANGH NIYAMIT,
SASALATTI, A/P: SASALATTI.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R4;
SRI SHIVARAJ P. MUDHOL, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF
CERTIORARI OR ANY OTHER WRIT AND SET ASIDE THE IMPUGNED
ORDER BEARING NO.RCS/CRD/CAB-2/88//2024-25 DATED
27-9-2024 PASSED BY SUBMITTED BY RESPONDENT-2 AT VIDE
ANNEXURE-B IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE
WRIT OF CERTIORARI OR ANY OTHER WRIT AND SET ASIDE THE
IMPUGNED ORDER BEARING NO.AR-8/RSR/RGN/CR-30/2024-25
DATED 01.10.2024 PASSED BY SUBMITTED BY RESPONDENT-4 AT
VIDE ANNEXURE-C IN THE INTEREST OF JUSTICE AND EQUITY.
ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE
RESPONDENT NO.2 AND 4 TO PROVIDE AN OPPORTUNITY OF
HEARING TO THE PETITIONER IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
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WP No. 105888 of 2024
C/W WP No. 105889 of 2024
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present writ petitions are filed calling in question
the order bearing No.AR-8/RSR/RGN/CR-28/2024-25,
dated 01.10.2024, by the 4th respondent/Assistant
Registrar of Co-operative Societies, Jamakhandi, District-
Bagalkot and the communication bearing
No.RCS/CRD/CAB-2/90/2024-25, dated 27.09.2024,
issued by 2nd respondent.
2. Heard the submissions of learned counsel
Sri.Shriharsh Neelopant appearing along with learned
counsel Sri.Prashant Mathapati for the petitioner, learned
AGA for respondent Nos.1 to 4 and learned Senior Counsel
Sri.D.R.Ravishankar along with learned counsel Ms.Ranjita
Alagawadi for respondent No.5.
NC: 2024:KHC-D:15813
3. The primary contention put forth by the learned
counsel for the petitioners in these writ petitions are that
the petitioners have not been afforded an opportunity of
hearing prior to the order dated 01.10.2024 passed by the
4th respondent. Although various contentions are put forth
by both the parties, having regard to the judgment of
Division Bench of this Court in the case of Bhatkal Urban
Co-operative Bank Ltd. Vs. State of Karnataka1 and
the order dated 19.07.2024 passed by a Co-ordinate
Bench of this Court in W.P No.138951/2020 C/w W.P
No.147407/2020, it is expedient that an opportunity of
hearing be afforded by the 4th respondent to the
petitioners.
4. It is the contention of the learned Senior Counsel
for the 5th respondent that, only prior to registration, an
opportunity of hearing is required to be afforded and the
communications dated 27.09.2024 and 01.10.2024
(Annexure-C and D) have only enabled the collection of
ILR 1994 KAR 2525
NC: 2024:KHC-D:15813
share amounts and hence, if an opportunity of hearing is
now afforded by the 4th respondent to the petitioner before
the registration is done, the interest of the petitioner
would be safeguarded.
5. However, learned counsel for the petitioner
relying upon the judgment of a Co-ordinate Bench of this
Court dated 14.12.2018, passed in W.P Nos.102487-
491/2018 and 102570-589/2018 C/w W.P
No.20375/2018, submits that unless Annexure-C and D
are set aside, the 4th respondent would not get the
jurisdiction to hear the matter.
6. It is relevant to note that having regard to the
judgment of Division Bench of this Court in the case of
Bhatkal Urban Co-operative Bank1 and noticing various
conflicting views taken by Co-ordinate Benches of this
Court, the Co-ordinate Bench vide order dated
19.07.2024, passed in W.P No. No.138951/2020 C/w W.P
No.147407/2020 has framed questions for reference and
NC: 2024:KHC-D:15813
referred the matter to a larger bench. The said reference
being pending at the present stage, it is not expedient to
express a view on the contentions put forth by the
petitioner.
7. However, in view of the fact that the 4th
respondent is required to consider the contentions put
forth by the petitioner and is required to provide an
opportunity of hearing in respect of the same, if the
communications dated 27.11.2024 and 01.10.2024
(Annexure-C and D) are not quashed, it would in some
manner prejudice the case of the petitioners.
8. In view of the aforementioned, the following:
ORDER
a) The writ petitions are allowed.
b)The communication bearing
No.RCS/CRD/CAB-2/90/2024-25 dated
27.09.2024 passed by the 2nd respondent
(Annexure-C) and the order bearing No.AR-
NC: 2024:KHC-D:15813
8/RSR/RGN/CR-28/2024-25 dated 01.10.2024
passed by 4th respondent (Annexure-D) are
quashed.
c) The petitioners shall appear before the 4th
respondent on 08.11.2024 at 3.00 p.m.
without requirement of any fresh notice being
issued in this regard and its response shall be
filed on the said date.
d)Pursuant to the appearance of the
petitioners, the 4th respondent shall conduct
further proceedings in accordance with law.
e) The 4th respondent shall consider the
objections of the petitioner and dispose off the
same as expeditiously as possible in any event
within four weeks from 08.11.2024.
SD/-
(C.M. POONACHA)
JUDGE
PMP
