VENKATESHA GOWDA Vs. P L D BANK LTD

JUDGEMENT

(1.) Petitioner is an agriculturist. Accepting certain incentives offered by the first respondent-the Primary Co-operative Land Development Bank Ltd., of Heggadadevanakote he purchased a tractor by obtaining a loan from the first respondent-Bank. The tractor met with an accident sometime after it was purchased. The result was that it was unfit for being used for cultivation purposes. Petitioner had no resources to carry out repairs to the tractor. It was only in the year 1981, he was able to put the tractor on the road. The tractor was got attached by the first respondent-Bank. He has alleged that before attachment, prescribed procedure was not followed by the Bank. Therefore, he has approached this Court under Article 226 of the Constitution, inter alia, contending that Sections 32, 33, 80, 88, 99 and 101 of the Karnataka Co.-operative Societies Act, 1959 (hereinafter referred to as the Act) are ultra vires the Constitution and therefore attachment of the tractor must be held to be unlawful.

(2.) In this Court what has been pressed is the unconstitutionally of the Sections only. If the petitioner succeeds in getting the Sections struck down by this Court as unconstitutional, then, it automatically follows that the attachment made of the tractor would also be unconstitutional and unlawful. It is also necessary to state that Mr. Ravivarma Kumar, learned Counsel for the petitioner has not pressed the relief in so far as it relates to Sections 33, 80 and 88 of the Act. He has confined his arguments to Sections 32, 99 and 101 only.

(3.) In so far as challenge to Section 99 of the Act is concerned, a Division Bench of this Court has upheld the validity of that Section (See: ILR 1986 KAR 1252, Kalappa v. State of Karnataka. Therefore, it is not necessary to deal with that Section once again notwithstanding that Mr. Ravivarma Kumar has contended that certain arguments were not canvassed before that Bench.