BASAPPA Vs. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES & HEAD QUARTER ASST. OFFICE OF THE CANE DEVELOPMENT COMMISSIONER & DIRECTOR OF SUGAR AND THE NANDI SAHAKARI, SAKKARE KARKHANE NIYAMITHA

JUDGEMENT

(1.) I .A. No. 2/2013 is filed to condone the delay of 35 days in filing the appeal calling in question the order dated 09.07.2013 of the learned Single Judge dismissing W.P. No. 87948/2012 at the preliminary hearing stage without issuing notice to the respondents, on the premise that the applicant has an alternative and efficacious remedy of filing a statutory appeal under Section 105 of the Karnataka Co -operative Societies Act, 1959 (for short 'the Act') calling in question the order passed under Section 71 of the Act. Accepting the cause shown, the delay is condoned. I.A. No. 2/2013 is allowed accordingly.

(2.) ACCORDING to the learned counsel for the appellant, the Registrar of Co -operative Societies in exercise of jurisdiction under Section 70 of the Act adjudicating a dispute over applicant's dismissal from service from a Co -operative society did not frame a preliminary issue over the validity of the domestic enquiry held by the society hence, militates against the principles of natural justice which the learned Single Judge did not take into consideration while declining to exercise jurisdiction under Article 226 of the Constitution of India.

(3.) IN Rajasthan State Industrial Development and Investment Corporation and Another vs. Diamond & GEM Development Corporation Limited and Another : (2013) 5 SCC 470 on the facts obtaining therein, the State Corporation had cancelled the allotment of land made in favour of the company in exercise of its power under relevant statutory rules read with terms of lease agreement concerned, writ petition challenging the said cancellation order, without resorting to remedy of statutory review or appeal or arbitration proceedings in terms of lease deed, held thus: