NIYOJIT SHREE LAXMIDEVI PRATHAMIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The registration of the petitioner - Co-operative Society has been rejected by respondent No.2 on the ground that a similar Co-operative Society is operating in the area concerned. Aggrieved by the same, the present writ petition is filed.

(2.) The case of the petitioner is that, the Society, which is already in existence is a failure and is not catering to the needs of all the persons living in the said area and hence, there is a necessity for the second Co-operative Society and mere establishment of one Co-operative Society is not a bar for refusing the permission to the establishment of another Co-operative Society. Reliance is placed on the decision of this Court in W.P.No.101731/2022, paragraph No. 9 of the said order reads as under:

(3.) Learned AGA upon instructions submits that, the impugned order may be set aside and the matter may be remanded back to respondent No.2 with a direction to consider whether there is a requirement for establishment of the petitioner's Society or not and whether the existing Co-operative Society has become failure or not and also consider other requirements as per law and thereafter take appropriate decision in accordance with law.