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2022 Supreme(Kar) 351

M. I. ARUN
PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SADIQ N. GOODWALA.
For the Respondents: VINAYAK KULKARNI, GANGADHAR J.M.

ORDER :

1. Aggrieved by the permission being granted for establishment and registration of a Co-operative Society of which respondent No. 6 is the Chief Promoter in Siruguppa Tq, Tekkalkote Village, in spite of the petitioner Cooperative Society being registered and operating in the same place, the instant writ petition is filed.

2. Respondent No. 2 by his order dated 16.03.2022 bearing No. RCS/CRD/KME-8/ 111/2021-22 vide Annexure-C to the writ petition has accorded permission for registration of a new Co-operative Society as aforementioned. The said order is impugned in the instant writ petition.

3. The case of the petitioner is that, it is a society registered under the provision of the Karnataka Co-Operative Societies Act, 1959 and it is operating for the benefits of the farmers in the villages of Tekkalkote and Devi Nagar. When this is the position, respondent No. 6 has sought to register another Co-operative Society in the village Tekkalkote and respondent No. 2 has accorded permission for the same in violation of Rule 3-B(iii) and contends that the same is liable to be set aside.

4. Rule 3-B(iii) of the Karnataka Co-operative Societies Act, 1959 reads as under:

    “3-B. Factors to be

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