1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF DECEMBER, 2020

BEFORE

THE HON' BLE MR. JUSTICE S.G. PANDIT

WRIT PETITION No.27992/2018 (CS-RES)

BETWEEN:

SAMAJA SEVA SAHAKARI BANK NIYAMITHA

NO.7149, SAMAJA SAHAKARI BHAVANA

BYPASS JUNCTION, BANTWAL

D.K.DISTRICT - 574 219

REP. BY ITS GENERAL MANAGER

SRI B BHOJA MOOLYA

S/O LATE KOSA MOOLYA

AGED ABOUT 51 YEARS

R/AT SARALA PADE HOUSE

BADDAKATTE, BANTWALA TALUK

D.K.DISTRICT - 574 219.

...PETITIONER

(BY SRI. RANJITH K S, ADV.)

AND:

1. THE STATE OF KARNATAKA

REP. BY ITS SECRETARY

DEPT. OF CO-OPERATION

M.S.BUILDING

BENGALURU - 560 001.

2. THE DEPUTY REGISTRAR OF

CO-OPERATIVE SOCIEITES

D.K.DISTRICT

1^ST FLOOR, JANATHA BAZAR

GANAPATHI HIGH SCHOOL ROAD

2

MANGALORE

D.K.DISTRICT - 575 001.

…RESPONDENTS

(BY SRI.SRIDHAR N HEGDE, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

ORDER

DATED

05.05.2018

AND

DATED

22.03.2018

RESPECTIVELY PASSED BY THE R2 VIDE ANNEX-A AND B

RESPECTIVELY.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

IN ‘B’ GROUP THROUGH VIDEO CONFERENCE THIS DAY, THE

COURT MADE THE FOLLOWING:-

O R D E R

The petitioner is before this Court under Article

226 of the Constitution of India assailing the order

bearing No.DRP:S-9:BYE.THI:12(6):71/2017-18 dated

05.05.2018

vide

Annexure-A

and

order

bearing

No.DRP:S-9:BYE.THI:Column 12(5):71/2017-18 dated

22.03.2018 vide Annexure-B.

2.

The impugned orders under challenge are passed

under Section 12 of the Karnataka Co-operative

Societies Act, 1959 (for short ‘the Act’). The impugned

orders passed under Sections 12(5) and 12(6) of the Act

is with regard to replacing the word ‘Bank’ by ‘Sangha’.

3

Any order passed under Section 12 of the Act would be

an appealable order, under Section 106(1)(b) of the Act.

As the statute provides appeal against an order passed

under Section 12 of the Act, I decline to entertain the

writ petition. When statute provides for statutory

appeal, it may not be proper for this Court to entertain

the writ petition. Hence the writ petition is disposed of

with liberty to the petitioner to avail the remedy of

appeal under the Act.

Sd/-

JUDGE

NG*

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