LAWS(KAR)-2011-7-272

CHIKKAKORATTI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, CHIKKAKORATTI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, REP. BY ITS SECRETARY AND OTHERS Vs. DEPARTMENT OF CO-OPERATION, M.S. BUILDING, 6TH FLOOR, DR. AMBEDKAR VEEDHI, BANGALORE, REP. B

Decided On July 22, 2011
Chikkakoratti Milk Producers Co -Operative Society Limited, Chikkakoratti, Hosakote Taluk, Bangalore Rural District, Rep. By Its Secretary Appellant
V/S
Department Of Co -Operation, M.S. Building, 6Th Floor, Dr. Ambedkar Veedhi, Bangalore, Rep. B Respondents

JUDGEMENT

(1.) THE 1st petitioner is a Milk Producers Co -operative Society Limited registered in the year 1986 with the area of operation of Chikkakoratti. Respondent No. 2 has registered Respondent No. 3 - Dinne Koratti Milk Producers Co -operative Society Limited, whose objects are similar to the petitioner -Society and cover the same area of operation. The Respondent No. 3 is named as Dinne Koratti Milk Producers Co -operative Society Limited. The Tahsildar has filed an affidavit to the effect that Chikkakoratti and Dinnekoratti are part of Koratti village and constitute different localities in the same village.

(2.) THE contention of the petitioners is that Respondent No. 2 should have been given opportunity to the petitioners who is already operating society in the area to file objections for registration of Respondent No. 3. Since there is failure to give opportunity, the registration of Respondent No. 3 is bad in law.

(3.) IN the instant case, the Respondent No. 2 has dealt with both aspects in his order and found that the Respondent No. 3 is having larger volume of business and that it is economically viable. The Respondent No. 2 also did not find any material that registration of Respondent No. 3 would adversely affect the co -operative movement of the area. In that view of the matter, it is held that the registration of Respondent. No. 3 is sound and proper.