LAWS(KAR)-2023-7-1815

SURESH KUMAR H. Vs. CHIEF EXECUTIVE OFFICER

Decided On July 18, 2023
Suresh Kumar H. Appellant
V/S
CHIEF EXECUTIVE OFFICER Respondents

JUDGEMENT

(1.) The petitioner is aggrieved of the impugned order dtd. 25/8/2021 passed by the third respondent-Deputy Registrar of Co-operative Societies, Bengaluru. The only contention that is sought to be put forth by the learned Counsel for the petitioner is that a plain reading of the impugned order goes to show that the order has been passed exparte, as if, statement of objections were not filed by the petitioner. On the other hand, statement of objections were indeed filed by the petitioner and copy of the same is produced at Annexure 'K'.

(2.) In that view of the matter, learned Counsel for the petitioner submits that the impugned order may be set aside and the matter may be remanded back to the Deputy Registrar so that an opportunity of hearing will be available for the petitioner and no prejudice will be caused to the other side.

(3.) Although learned Counsel for respondent No.2 seeks to contend that an alternative efficacious remedy is available for the petitioner, nevertheless, in view of the submissions made by the learned Counsel for the petitioner that a plain reading of the impugned order would show that the order has been passed without considering the objections filed at the hands of the petitioner and without hearing the petitioner, the matter requires reconsideration at the hands of the Deputy Registrar.