Smt. Rangavva vs the State of Karnataka

Smt. Rangavva vs The State of Karnataka

Type Court Judgment Court Karnataka Dharwad Decided Nov 29, 2024

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Citation: sooperkanoon.com/1815288
Court: Karnataka Dharwad High Court
Judge: H.T.Narendra Prasad,Venkatesh Naik T
Decided On: Nov 29, 2024
Case Number: WA/100284/2023

Parties & Advocates

Appellant / Petitioner

Smt. Rangavva

Respondent

The State of Karnataka

Excerpt

.....of karnataka single judge in wp no.103977/2021. these appeals, coming on for orders, this day,judgment was delivered therein as under:coram: the hon'ble mr. justice h.t.narendra prasad and the hon'ble mr. justice venkatesh naik t -6-oral judgment(per: the hon'ble mr. justice h.t.narendra prasad) all these appeals are filed under section 4 of the karnataka high court act, 1961, challenging the order dated 17.04.2023 passed by the learned single judge, whereby the petitions filed by the appellants are dismissed reserving liberty to file an appeal before the competent authority.2. we have the heard the learned counsel for theappellants and the respondents. perused the impugned orderpassed by the learned single judge. as the appellants having an alternative and efficacious remedy under the karnataka co- operative societies act, 1959, the learned single judge has rightly dismissed the writ petitions reserving liberty to approach appropriate legal forum under the karnataka co-operativesocieties act, 1959. there is no error or illegalities in the orderpassed by the learned single judge.3. accordingly, the writ appeals stand disposed off.however, it is made clear that the impugned order before the learned single judge i.e., annexure - a is stayed for a period of three months and liberty is reserved to the appellants to -7- approach appropriate legal forum under the provisions of the karnataka co-operative societies act, 1959 and it is also made clear that, if the appellants approach the competent authority, the competent authority is directed to consider the same on merits and if application for stay is filed, the same has to be considered in accordance with law without influencing on the observations made by this court. sd/- (h.t.narendra prasad) judge sd/- (venkatesh naik t) judge rsh - ct:vh list no.: 1 sl no.: 19

Full Judgment

-1- IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF NOVEMBER, 2024 PRESENT THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT APPEAL NO. 100284 OF 2023 (CS-RES) C/W WRIT APPEAL NO. 100280 OF 2023, WRIT APPEAL NO. 100281 OF 2023, WRIT APPEAL NO. 100283 OF 2023 IN WP NO.100284 OF 2023: SMT. RANGAVVA W/O. IRAVVA HOSUR AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. KATARKI, TQ. BADAMI, DIST: BAGALKOT-587201. Digitally signed by JAGADISH T R Location: HIGH COURT OF KARNATAKA DHARWAD BENCH 1. THE STATE OF KARNATAKA -2- SINGLE JUDGE IN WP NO.103853/2021. IN WP NO.100280 OF 2023: SMT. MUTTAVVA W/O. RANGAPPA KAMBALI AGE: 65 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O. KATARKI, TQ: BADAMI, DIST: BAGALKOT-587116.
1. THE STATE OF KARNATAKA -3- SINGLE JUDGE IN WP NO.103854/2021. IN WP NO.100281 OF 2023: SRI. LAXMAPPA A/F. VENKAPPA KAMBALI AGE: 74 YEARS, OCC: AGRICULTURE, R/O. KATARKI, TQ: BADAMI, DIST: BAGALKOT-587116.
1. THE STATE OF KARNATAKA -4- SINGLE JUDGE IN WP NO.103850/2021. IN WP NO.100283 OF 2023: SRI. SHIVAKUMAR S/O. RANGAPPA KAMBALI AGE: 40 YEARS, OCC: STUDENT, R/O. KATARKI, TQ: BADAMI, DIST: BAGALKOT-587116. -5-
1. THE STATE OF KARNATAKA SINGLE JUDGE IN WP NO.103977/2021. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T -6-

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD) All these appeals are filed under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 17.04.2023 passed by the learned Single Judge, whereby the petitions filed by the appellants are dismissed reserving liberty to file an appeal before the competent authority.

2. We have the heard the learned counsel for the

appellants and the respondents. Perused the impugned order

passed by the learned Single Judge. As the appellants having an alternative and efficacious remedy under the Karnataka Co- operative Societies Act, 1959, the learned Single Judge has rightly dismissed the writ petitions reserving liberty to approach appropriate legal forum under the Karnataka Co-operative

Societies Act, 1959. There is no error or illegalities in the order

passed by the learned Single Judge.

3. Accordingly, the writ appeals stand disposed off.

However, it is made clear that the impugned order before the learned Single Judge i.e., Annexure - A is stayed for a period of three months and liberty is reserved to the appellants to -7- approach appropriate legal forum under the provisions of the Karnataka Co-operative Societies Act, 1959 and it is also made clear that, if the appellants approach the competent authority, the competent authority is directed to consider the same on merits and if application for stay is filed, the same has to be considered in accordance with law without influencing on the observations made by this Court. Sd/- (H.T.NARENDRA PRASAD) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RSH - Ct:VH List No.: 1 Sl No.: 19

Same Court & Year Karnataka Dharwad · 2024 Same Parties Smt. Rangavva vs The State of Karnataka Same Judge H.T.Narendra Prasad,Venkatesh Naik T