DATTAPRASAD CO-OPERATIVE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants before us are all House Building Co-operative Societies and they are registered under the provisions of the Karnataka Co-operative Societies Act 1959, read with Karnataka Co-operative Societies Rules, 1960. THEy are calling in question the correctness or otherwise of the order passed by the learned Single Judge in W.P. Nos. 23564 to 23567 of 2001, dated 17-3-2003 Dattaprasad Co-operative Housing Society Limited, Bangalore and Others v. State of Karnataka 2004 (3) Kar. L.J. 310.

(2.) THE appellants in the writ petitions had sought for the following-relief. It is as under: to issue a writ in the nature of certiorari to quash Section 5 of the Karnataka Act 6 of 2001, amending Section 38 of the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959), by inserting proviso at the end as unconstitutional.

(3.) IN view of the memo filed by the State Government, the appellants also have filed a memo signed by the learned Senior Counsel for the appellants dated 17-11-2005. It reads as under: