LAWS(KAR)-2019-2-549

MAHALINGA Vs. STATE OF KARNATAKA AND ORS.

Decided On February 04, 2019
MAHALINGA Appellant
V/S
State of Karnataka and Ors. Respondents

JUDGEMENT

(1.) These two writ petitions are filed by the respective member of two Societies, namely, Sogala Primary Agricultural Credit Co-operative Society Limited (respondent No.3 in W.P. No.27313/2016) and Akkuru Primary Agricultural Credit Cooperative Society Limited (respondent No.3 in W.P. No.24058/2016) seeking quashing of separate orders of even date i.e., 28.03.2016 (Annexure 'B' to the petitions) passed by the second respondent - Assistant Registrar of Co-operative Societies, Ramanagara Sub-Division, Ramanagara.

(2.) Respondent No.3 in W.P. No.27313/2016, namely, Sogala Primary Agricultural Credit Co-operative Society Limited (hereinafter referred to as, 'Sogala Society' for brevity) was floated to deliver to the financial needs of villagers residing in 13 villages viz., Sogala, Sogalapalya, Harokoppa, Nunnuru, Neraluru, V.G. Doddi, Garakahalli, Sadarahalli, Krishnapura, Ankushanahalli, A.V. Halli, Kalikere and Varadarahatti. Similarly, respondent No.3 in W.P. No.24058/2016 - Akkuru Primary Agricultural Credit Cooperative Society Limited (hereinafter referred to as 'Akkuru Society') is catering to the financial needs of villagers residing in 9 villages viz., Akkur, AkkurHosahalli, Malagalu, Sulleri, Horohalli, Mengalli, Avverahalli, Mooli and Sadarahalli. It is stated that the aforesaid two Societies are registered under the Karnataka Co-operative Societies Act, 1959.

(3.) Perusal of the impugned orders disclose that the common second respondent - Assistant Registrar of Cooperative Societies has referred to the representations made by villagers of certain villages coming within the jurisdiction of the aforesaid two Societies seeking release of some of the villages so that they could float new Societies to cater to the financial needs of the villagers in the area. In that background, the second respondent has directed: Sogala Society to release four villages viz., A.V. Halli, Ankushanahalli, Sadarahalli and Krishnapura from its jurisdiction and Akkuru Society to release three villages i.e., Sulleri, Harohalli and Mengahalli from its area of operation and for that purpose, the authorized representative/s of the said Societies were called upon to hold special general meeting of their members and get approval for such removal of villages from their respective jurisdiction and submit the proposal/s in the prescribed format to the said Authority before 27.04.2016. It is seen that the said orders are passed by the second respondent on the basis of the recommendation made by the legislator of Channapatna Assembly constituency vide letter/s dated 08.03.2016.