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WP No. 107011 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
TH
DATED THIS THE 29 DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 107011 OF 2024 (CS-RES)
BETWEEN:
SIDDAPPA S/O. ANNAPPA HARAGAPURE
AGE. 77 YEARS, OCC. AGRICULTURE,
CHIEF PROMOTER,
NIYOJIT SHRI MAHADEV VIVIDODESH
PRATHAMIK GRAMEEN KRUSHI
SAHAKARI SANGH NIYAMIT,
SHIRGAONWADI,
AT. SHIRGAONWADI,
TQ. CHIKKODI, DIST. BELAGVI.
R/O. SHIRGAONWADI,
TQ. CHIKODI, DIST. BELAGAVI.
(BENEFIT OF SENIOR CITIZEN HAVE NOT CLAIMED)
…PETITIONER
(BY MISS. SANJANA S. MUDHOL, ADVOCATE FOR
SRI. SHIVARAJ P. MUDHOL, ADVOCATE)
AND:
Digitally signed
by SAROJA
1. THE STATE OF KARNATAKA
HANGARAKI
Location: High
REPRESENTED BY ITS SECRETARY,
Court of
Karnataka
DEPARTMENT OF CO-OPERATION,
M.S. BUILDING, BENGALURU 560001.
2. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETY
CHIKKODI SUB DIVISION, CHIKKODI,
AT. CHIKKODI, DIST. BELAGAVI, PIN 591201
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO, TO ISSUE WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED
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WP No. 107011 of 2024
15/10/2024 IN NO.AR-11/RSR/30/2024-25 PASSED BY THE 2ND
RESPONDENT VIDE ANNEXURE-B AND TO ISSUE WRIT IN THE
NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO
GRANT PERMISSION TO FLOUTING OF THE SHARE AMOUNT FOR
PRE-REGISTRATION OF THE SOCIETY IN THE NAME OF THE NIYOJIT
SHRI MAHADEV VIVIDODESH PRATHMIK GRAMEEN KRUSHI
SAHAKARI SANGH NIYAMIT, SHIRAGAONWADI BY ALLOWING THIS
WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
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 petition is filed seeking for the
following reliefs:
“1. To issue writ in the nature of certiorari to
quash the impugned order dated 15/10/2024 in no.AR-
11/RSR/30/2024-25 passed by the 2nd respondent vide
Annexure-B.
2. To issue writ in the nature of mandamus
directing the respondent no.2 to grant permission to
flouting of the share amount for pre-registration of the
society in the name of the Niyojit Shri Mahadev
Vividodesh Prathmik Grameen Krushi Sahakari Sangh
Niyamit, Shiragaonwadi by allowing this writ petition in
the interest of justice and equity.”
2. The petitioner an agriculturist. Along with other
residents of the village, the petitioner submitted a
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WP No. 107011 of 2024
proposal to establish a new society under the name and
style of “Niyojit Shri Mahadev Vividodesh Prathmik
Grameen Krushi Sahakari Sangh Niyamit, Shiragaonwadi”
for the welfare of the farmers in the village. A copy of the
proposal is produced as Annexure-A to the writ petition.
3. It is the case of the petitioner that without
affording an opportunity of hearing and without the
petitioner or any of the members being notified, the
second respondent - Assistant Registrar passed the order
bearing No.AR-11/RSR/30/2024-25. dated 15.10.2024
(Annexure-B to the writ petition). Challenging the same,
the present writ petition is filed.
4. It is relevant to note that this Court in WP
No.103718/2024 decided on 14.11.2024 considering a
similar question, has held as follows:
“11. Rule 3(3) of the Rules which reads as
follows:
“3. Formalities for registration.
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WP No. 107011 of 2024
(3) The Registrar on being satisfied that, the
proposed society has reasonable chances of success and
is going to be economically viable may permit the chief
promoter to collect such amount of share capital from
such number of persons intending to become the
members of the proposed society within such period as
he may specify.”
12. This Court in the case of Sachin S/o Anand
1
Khot vs. The State of Karnataka and Others
considering a similar fact situation has held as follows:
“3. The petitioner submitted an application only
for permission to collect shares with an intention to
establish a co-operative society and at this state
respondent No.3 ought not to have rejected the
application since the question of economic viability and
chances of success of the co-operative society to be
established is a matter, which requires to be considered
at the time of registration.
4. Rule 3 of the Karnataka Co-operative
Societies Rules, 1961, deals with formalities for
registration and sub-rule (3) states that the registrar on
being satisfied that the proposed society has reasonable
chances of success and is going to be economically
viable may permit the chief promoter to collect such
amount of share capital from such number of persons
intending to become the members of the proposed
society within such period as he may specify. In other
1
Order dated 06.02.2024 passed in WP No.100493/2024
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WP No. 107011 of 2024
words, the registrar is under an obligation to hear the
petitioner to satisfy himself that the proposed society
has reasonable chances of success and is going to be
economically viable.
5. In the instant case, respondent No.3
without giving an opportunity of hearing to the
petitioner to satisfy that the proposed society has
reasonable chances of success and is going to be
economically viable, has rejected the application and the
same is in violation of principles of natural justice.
6. Accordingly, the writ petition is allowed.
rd
The impugned order dated 22.12.2023 passed by the 3
respondent at Annexure-E is hereby quashed.
7. Respondent No.3 to grant permission to
collect the share amount for pre-registration of Doodh
Ganga Vividhoddesha Prathamik Grameena Krushi
Sahakari Sangha Niyamita, Hombaradi, Nippani talulka,
subject to petitioner satisfying other requirements of
law, after providing an opportunity of hearing to the
petitioner.
8. Petitioner to be present before respondent
No.3 on 20.02.2024 at 11.00 a.m. without awaiting for
further notice from respondent No.3.”
(emphasis supplied)
13. It is clear that this Court has held that
respondent No.2 is under an obligation to hear the
petitioner while passing the order under Rule 3 of the
Rules.
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WP No. 107011 of 2024
14. The order dated 17.01.2024 (Annexure-D)
having been passed without hearing the petitioner, on
this ground alone, the relief sought for in the present
writ petition is liable to be granted.
15. Although it is the vehement contention of the
learned HCGP that having regard to the stipulations
contained under Rule 3-B(iii) of the Rules, respondent
No.2 considered the said aspect to the matter, the
request made by the petitioner in the present writ
petition is liable to be rejected, it is relevant to note that
this Court having held that respondent No.2 was under
an obligation to hear the petitioner before satisfying
himself as to the requisites as contemplated under Rule
3(iii) of the Rules, respondent No.2 recording his
findings with regard to the aspects as detailed under
Rule 3-B(iii) of the Rules with affording an opportunity
to the petitioner is erroneous and liable to be interfered
with.”
5. The learned HCGP has put the same
contentions which has already been considered in WP
No.103718/2024.
6. It is clear that the order bearing No.AR-
11/RSR/30/2024-25 dated 15.10.2024 (Annexure-B to the
writ petition) has been passed without hearing the
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WP No. 107011 of 2024
petitioner. In view of the same, the relief sought for by the
petitioner in the present writ petition is liable to be
granted.
7. Hence, the following:
ORDER
i) The writ petition is partly allowed;
ii) The order bearing No.AR-11/RSR/30/2024-
25 dated 15.10.2024 (Annexure-B) passed
by respondent No.2 is hereby quashed;
iii) Respondent No.2 to grant permission to
collect share amount for pre-registration of
‘Niyojit Shri Mahadev Vividodesh Prathmik
Grameen Krushi Sahakari Sangh Niyamit,
Shiragaonwadi’ subject to the petitioner
satisfying other requirements of law after
providing an opportunity of hearing to the
petitioner;
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WP No. 107011 of 2024
iv) The petitioner shall appear before
respondent No.2 on 12.12.2024 at 11.00
a.m. without the requirement of any
further notice in that regard from
respondent No.2;
v) Pursuant to the appearance of the
petitioner on 12.12.2024, respondent No.2
shall conduct further proceedings in
accordance with law.
Sd/-
(C.M. POONACHA)
JUDGE
SH
LIST NO.: 1 SL NO.: 44