1

IN THE HIGH COURT OF

CIRCUIT BENCH AT DHARWAD

DATED THIS THE 1 ST DAY OF FEBRUARY 2013

BEFORE

THE HON’BLE MR. JUSTICE ASHOK B. HINCHIGERI

W.P. No. 787/2007 (CS-RES) C/W. W.P. NO. 788/2007 (CS-RES)

W.P. No. 787/2007 :

BETWEEN :

1. PRATHAMIKA KRISHI PATTINA SAHAKARI BANK LTD., KALLOL, CHIKKODI TALUK DISTRICT.REPRESENTED BY ITS MANAGING DIRECTOR, R.B. AWAATE AGED ABOUT 47 YEARS

2. PRATHIAMIKA KRISHI PATTINA SAHAKARI BANK LTD., KERUR, REPRESENTED BY ITS MANAGING DIRECTOR, APPASAB @ A DHANAWADE AGED ABOUT 36 YEARS R/O. KARUR, TALUK BELGAUM DISTRICT 591283

3. SIDDESHWAR PARATHAMIKA KRISHI PATTINA SAHAKARI BANK LTD., KERUR REPRESENTED BY ITS MANAGING PANDURANGA B. MUTALIK, AGED ABOUT 63 YEARS, AT AND POST KERUR, CHIKODI TALUK, 2

BELGAUM DISTRICT-591283.

4. PRATHAMIKA KRISHI PATTINA SAHAKARI BANK LTD., NEJA, REPRESENTED BY ITS MANAGER, ANNASAL JYOTI KAMATH, AGED ABOUT 40 YEARS, R/O. CHIKODI TALUK, BELGAUM DISTRICT – 591214.

5. PRATHAMIKA KRISHI PATTINA SAHAKARI BANK LTD., JANWADA, REPRESENTED BY ITS MANAGER, RAVASA SAB.T. CHOGULA AGED ABOUT 37 YEARS, R/O. BARGAON CHIKODI TALUK, BELGAUM DISTRICT 591216.

6. (WEST) L. S. M. P. CO.OPERATIVE SOCIETY LTD., SADALAGA, REPRESENTED BY ITS SECRETARY BALAYYA.V. ANNAVALAMATH, AGED ABOUT 51 YEARS, R/O. SADALAGA VILLAGE, CHIKKODI TALUK BELGAUM DISTRICT - 591230.

7. SADALAGA(EAST)PRATHAMIKA KRISHI PATTINA SAHAKARI BANK LTD., SADALAGA BY ITS MANAGING DIRECTOR SHANKAR.A. BADIGER AGED ABOUT 50 YEARS SADALAGA VILLAGE, CHIKKODI TALUK BELGAUM DISTRICT – 591239.

8. JAI HANUMAN VYAVASAYA SEVA SAHAKARI SANGA LTD., GALATHAGA, REPRSENTED BY ITS SECRETARY, MALLIKARJUNA B. UTTURE AGED ABOUT 24 YEARS R/O. GALATHAGA, CHIKKODI TALUK BELGAUM DISTRICT.

9. JAIKISHAN GRAMA SEVA SAHAKARI SANGHA LTD, DONEWADI 3

REPRESENTED BY ITS SECRETARY PRADEEP.L CHOUGLA AGED ABOUT 25 YEARS R/O. DONEWADI VILLAGE, CHIKKODI TALUK BELGAUM DISTRICT 591214. ... PETITIONERS

(BY SRI SHIVARAJ P. MUDHOL, ADVOCATE)

AND :

1. STATE OF KARNATAKA REP BY ITS SECRETARY DEPT. OF CO-OPERATION M.S.BUILDING VIDHANA VEEDHI BANGALORE –560 001.

2. H. D. KUMAR SWAMY HON'BLE CHIEF MINISTER OF KARNATAKA VIDHANA SOUDHA AGE MAJOR BANGALORE –560 001.

3. SACHIDANANDA KOTTE M. L. C. HON'BLE DEPUTY CHAIRMAN KARNATAKA LEGISLATIVE COUNCIL VIDHNA SOUDHA BANGALORE –560 001.

4. PRABHAKAR B. KORA M. L. C. LEGISLATORS HOME BANGALORE –560 001.

5. K. P. MOGANNAVAR AGE MAJOR EX MLA SADALAGA CHIKODI TQ 4

BELGAUM DIST.

6. ANNA SHANKAR JOLE AGE MAJOR, DIRECTOR, KARNATAKA OIL SEEDS FEDERATION BANGALORE –560 001.

7. REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA ALIASKAR ROAD BANGALORE 1. ... RESPONDENTS

(BY SMT. K. VIDYAVATHI, A.G.A. FOR R1,2 & 7; SRI MRUTHYUNJAYA TATA BANGI, ADVOCATE FOR R6 & R6; R3 & R5 SERVED) (R2 TO R6 DELETED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE R1 HAS NO POWER, EITHER TO ISSUE DIRECTION OR TO REGISTER THE PROPOSED SOCIETIES OR TO ISSUE ANY DIRECTIONS FOR THE SAME, IN SO FAR THE INTEREST OF THE PETITIONERS SOCIETY IS CONCERNED AND ETC.

W.P. NO. 788/2007 :

1. PRATHAMIKA KRISHI PATTINA SAHAKARI BANK LTD , REP, BY ITS MANAGER RAV SHAHAB T. CHOUGLA AGED ABOUT 37 YRS BORGAON CHIKODI TQ BELGAUM DIST-591216.

2. BORGAON (EAST) VYVASAYA SEVA SAHAKARI SANGHA LTD., BARGAON, REP. BY ITS SECRETARY 5

AKASHYAKUMAR C. CHIPPRA AGED ABOUT 34 YRS AT POST BORGAON, CHIKODI TQ BELGAUM DIST –591216.

3. BORAGAONWADI VYVASAYA SEVA SAHAKARI SANGHA LTD., BORGAONWADI REP. BY ITS SECRETARY APPASAB RAO BAB BHADARGADE, AGED ABOUT 29 YRS AT AND POST BORGAONWADI, CHIKODI TQ, BELGAUM DIST 591216.

4. SRI BASAVESHWARA PRATHAMIKA KIRSHI PATTINA SAHAKARI BANK LTD., CHIKODI TQ., BELGAUM DIST REP. BY ITS MANAGING DIRECTOR SHANKAR ISHWAR AWATI, AGED ABOUT 55 YRS AT POST EXAMBA CHIKODI TQ., BELGAUM DIST.-591244. ... PETITIONERS

(BY SRI : SHIVARAJ P. MUDHOL, ADVOCATE)

AND :

1. STATE OF KARNATAKA REP BY ITS SECY DEPT. OF CO-OPERATION M.S.BUILDING VIDHANA VEEDHI BANGALORE –560 001.

2. H. D. KUMAR SWAMY HON'BLE CHIEF MINISTER OF KARNATAKA VIDHANA SOUDHA AGE MAJOR 6

BANGALORE –560 001.

3. SACHIDANANDA KOTTE M. L. C. HON'BLE DEPUTY CHAIRMAN KARNATAKA LEGISLATIVE COUNCIL VIDHNA SOUDHA BANGALORE –560 001.

4. PRABHAKAR B. KORA M. L. C. LEGISLATORS HOME BANGALORE –560 001.

5. K. P. MOGANNAVAR AGE MAJOR EX MLA SADALAGA CHIKODI TQ BELGAUM DIST.

6. ANNA SHANKAR JOLE AGE MAJOR, DIRECTOR, KARNATAKA OIL SEEDS FEDERATION BANGALORE –560 001.

7. REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA ALIASKAR ROAD BANGALORE 1. ... RESPONDENTS

(BY SMT. K. VIDYAVATHI, A.G.A. FOR R1,2 & 7; SRI MRUTHYUNJAYA TATA BANGI, ADVOCATE FOR R6 & R6; R3 & R5 SERVED) (R2 TO R6 DELETED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE R1, HAS NO POWER, EITHER TO ISSUE DIRECTION OR TO REGISTER THE PROPOSED SOCIETIES OR TO ISSUE ANY 7

DIRECTIONS FOR THE SAME, IN SO FAR THE INTEREST OF PETITIONERS SOCIETIES ARE CONCERNED AND ETC.

THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

In both the petitions, the prayers read as follows-

(a) Kindly declare that the respondent No.1 has no

power, either to issue direction or to register the

proposed Societies or to issue any directions for the

same insofar the interest of petitioner’s Society is

concerned;

(b) Or in the alternative issue a writ of mandamus or

any other appropriate writ or order or direction,

directing the respondents not to register the

proposed societies within the area of petitioners

institution;

2. These petitions appear to have been filed even before a

decision is taken either to register the proposed societies or to

refuse to register them. Therefore, these petitions are

premature and are therefore rejected. Liberty is reserved to the 8

petitioners to challenge the orders registering the proposed societies, if, as and when they are passed.

Sd/- JUDGE hnm/