PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE BANK LIMITED v. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
2004-01-16
V.GOPALA GOWDA
body2004
DigiLaw.ai
V. GOPALA GOWDA, J. ( 1 ) THE first petitioner being the Society and second petitioner its President are before this Court seeking for issuance of a writ of mandamus to the respondents to return all the records, money and other securities taken over by the 4th respondent pursuant to order dated 10. 10. 2000, urging various legal contentions. ( 2 ) VARIOUS legal contentions urged in this petition need not be adverted to having regard to sub-section (4) of Section 29-G and Clauses (f) and (g) of the Karnataka Co-operative Societies act, as the petitioner represented by its President-second petitioner cannot maintain the Writ petition. The petition must fail on this ground alone. ( 3 ) APART from the said reason, the relief sought for in this petition cannot be granted by this Court having regard to the documents produced by 4th respondent vide Annexure -R1 passed by the common Cadre Authority (CCA), Mysore, the Chief Executive Officer of the first petitioner Bank a. V. Nanjappa was transferred from the first respondent - Bank and in his place vide annexure - R2, 4th respondent had taken charge and the said officer was relieved thereafter, 5th respondent has taken charge by R4 having taken the charge by him functioning as the Chief executive Officer at Annexure-R5. ( 4 ) THE said documents have been seriously disputed by the learned Counsel for the petitioner Sri a. V. Gangadharappa by placing strong reliance upon the statement of objection filed by the 4th respondent wherein it is stated that former Chief Executive Officer has not handed over the charge. He further contended that the said Officer Continued to the Chief Executive Officer and is functioning as such. This submission cannot be accepted by this Court because, since the earlier officer has not handed over the charge does not mean that he is continued to work as chief Executive Officer despite transfer order passed by the Common Cadre Authority. ( 5 ) THE 5th respondent is the custodian of the documents as provided under Section 29-G (4) clause (f) of the KCS Act. Therefore, no relief can be granted. Hence, the petitions must fail. ( 6 ) ACCORDINGLY, the Writ Petition is dismissed. ( 7 ) PURSUANT to order dated 9. 12.
( 5 ) THE 5th respondent is the custodian of the documents as provided under Section 29-G (4) clause (f) of the KCS Act. Therefore, no relief can be granted. Hence, the petitions must fail. ( 6 ) ACCORDINGLY, the Writ Petition is dismissed. ( 7 ) PURSUANT to order dated 9. 12. 2003, the 5th respondent has produced the bag containing books and documents of the Society in question and the same were ordered to be kept in sealed bag by the Registry of this Court. Since this Court is dismissing the Writ Petition, Office is directed to hand over the same to the 5th respondent.