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KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SMT. K PUTTATHAYAMMA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 33111/2018
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.33111 OF 2018(CS-RES)
C/W
WRIT PETITION NO.42773 OF 2018(CS-RES)
IN W.P.NO.33111/2018:
BETWEEN:
1. SMT. K PUTTATHAYAMMA
W/O LATE R THAMANNA
AGED ABOUT 63 YEARS,
SOMEGOWDARA BEEDHI
MADDUR MANDYA DISTRICT-571428
ALSO PRESIDENT OF MADDUR TALUK AGRICULTURAL,
PRODUCT CO OPERATIVE MARKETING SOCIETY,
MADDUR TALUK,
MANDYA DISTRICT-571 428.
2. SRI M D PRAKASH,
S/O LATE DODDATHAMMAIAH,
AGED ABOUT 37 YEARS,
MANASAGERE,
CHIKKA ARASINAKERE HOBLI,
MADDUR TALUK,
MANDYA DISTRICT-571 428.
ALSO
VICE PRESIDENT
OF MADDUR TALUK AGRICULTURAL PRODUCT
CO OPERATIVE MARKETING SOCIETY,
MADDUR TALUK, MANDYA DISTRICT-571 428.
3. S B MAHADEVU,
S/O BASAVEGODA,
AGED ABOUT 56 YEARS,
RESIDING AT SADHOLALU,
KASABA HOBLI, MADDUR TALUK,
MANDYA DISTRICT-571 428.
ALSO
DIRECTOR OF MADDUR TALUK AGRICULTURAL PRODUCT
CO OPERATIVE MARKETING SOCIETY,
MADDUR TALUK, MANDYA DISTRICT-571 428.
2
4. SRI M T HARISH,
S/O MANCHEGOWDA @ THAMMAIAH,
AGED ABOUT 36 YEARS,
MUTTANAHALLI CHIKKA ARASINAKERE HOBLI,
MADDUR TALUK,
MANDYA DISTRICT-571 428.
ALSO
DIRECTOR OF MADDUR TALUK AGRICULTURAL PRODUCT
CO OPERATIVE MARKETING SOCIETY,
MADDUR TALUK, MANDYA DISTRICT-571 428.
5. SRI SHANKARALINGAIAH
S/O LATE KARIGOWDA
AGED ABOUT 49 YEARS,
KURUBARADODDI, ATHAGURU HOBLI,
MADDUR TALUK,
MANDYA DISTIRCT-571 428.
ALSO
DIRECTOR OF MADDUR TALUK AGRICULTURAL PRODUCT
CO OPERATIVE MARKETING SOCIETY,
MADDUR TALUK, MANDYA DISTRICT-571 428.
6. SMT SUJATHA
W/O SHIVANNA
AGED ABOUT 55 YEARS,
SOMEGOWDARA BEEDHI,
MADDUR MANDYA DISTRICT-571 428.
ALSO
DIRECTOR OF MADDUR TALUK AGRICULTURAL PRODUCT
CO OPERATIVE MARKETING SOCIETY,
MADDUR TALUK, MANDYA DISTRICT-571428.
7. SRI SIDDARAJU
S/O RAMACHARI
AGED ABOUT 52 YEARS,
3RD CROSS, GORAVANAHALLI ROAD,
IN FRONT OF TENT LEELAVATHI EXTENSION,
MADDUR MANDYA DISTRICT-571 428.
ALSO
DIRECTOR OF MADDUR TALUK AGRICULTURAL PRODUCT
CO OPERATIVE MARKETING SOCIETY,
MADDUR TALUK, MANDYA DISTRICT-571 428.
8. SRI M A JAVEED ULLAKHAN
S/O M A AKBAR ALIKHAN
AGED ABOUT 59 YEARS
MUSLIM BLOCK, MEENA STUDIO,
MADDUR MANDYA DISTRICT-571 428.
ALSO
3
DIRECTOR OF MADDUR TALUK AGRICULTURAL PRODUCT
CO OPERATIVE MARKETING SOCIETY,
MADDUR TALUK, MANDYA DISTRICT-571 428.
...PETITIONERS
(BY SRI. J.C.KUMAR, PARTY IN PERSON)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY TO THE
GOVERNMENT OF KARNATAKA,
DEPARTMENT OF CO OPERATIVE SOCIETIES,
M S BUILDING, DR AMBEDKAR VEEDHI,
BANGALORE-560 001.
2. THE REGISTRAR OF CO OPERATIVE SOCIETIES
NO.1, ALI ASKAR ROAD,
BANGALORE-560 052.
3. THE JOINT REGISTAR OF CO OPERATIVE SOCIETIES
MYSORE DIVISION,
MYSORE.
4. THE DEPUTY REGISTRAROF CO OPERATIVE SOCIETIES
MANDYA DISTRICT
MANDYA-571428
5. THE ASSISTANT REGISTRAR OF CO OPERATIVE
SOCIETIES,
MANDYA DIVISION, MANDYA.
AND ALSO SPECIAL OFFICER, TAPCMS, MADDUR,
MANDYA DISTRICT.
6. THE MADDUR TALUK AGRICULTURAL PRODUCT
CO OPERATIVE MARKETING SOCIETY,
MADDUR TALUK,
MANDYA DISTRICT-571 428.
REPRESENTED BY ITS SECRETARY.
… RESPONDENTS
(BY SRI. VINOD KUMAR, AGA FOR R1-R5;
SRI. ABHINAV R, ADVOCATE FOR
IMPLEADING APPLICANT IN IA 1/2018;
R6 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 26.07.2018 PASSED BY THE 3RD
RESPONDENT
IN
DISMISSING
THE
INTERLOCUTORY
APPLICATION FILED BY THE PETITIONERS UNDER SECTION
106(3) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT,
1959 HEREIN IN APPEAL NO.JRM/DAP/02, 03, 04, 05, 06, 07,
4
08 & 09/2018-19 AS PER ANNEXURE-A TO H RESPECTIVELY
AND ETC.,
IN W.P.NO.42773/2018:
BETWEEN:
1. SRI M D PRAKASH,
S/O LATE DODDATHAMMAIAH,
AGED ABOUT 37 YEARS,
R/AT MENASAGERE CHIKKA ARASINAKERE HOBLI,
MADDUR TALUK MANDYA DISTRICT - 571428
ALSO VICE PRESIDENT OF MADDUR TAL
