Gopal And Another v. State Of Karnataka And Others
2020-01-22
S.G.PANDIT
body2020
DigiLaw.ai
JUDGMENT 1. The petitioners are before this Court under Article 226 of the Constitution of India praying for the following reliefs: '(a) Issue writ in the nature of mandamus directing the 1st respondent to transfer the appeals filed by the petitioners vide Annexures-H and J to the 2nd respondent and further directing the 2nd respondent to immediately register the appeals filed by the petitioners vide Annexures-H and J and to consider the applications for stay filed by the petitioners vide Annexures-K and L and pass necessary orders. (b) Alternatively, issue writ in the nature of mandamus directing the 3rd respondent to immediately register the appeals filed by the petitioners vide Annexures-H and J and to consider the applications for stay filed by the petitioners vide Annexures-K and L and to pass necessary orders, in the interest of justice and equity.' 2. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for respondents No.1 to 4 and the learned counsel for respondent No.5. 3. The learned counsel for the petitioners would submit that the petitioners were disqualified under Section 29-C of the Karnataka Co-operative Societies Act, 1959 for a period of one year from the post of Director of 6th respondent-Society, against which the petitioners had filed appeal before the 3rd respondent-Deputy Registrar of Co-operative Societies, Haveri. 4. It is stated that the post of Deputy Registrar of Co-operative Societies is vacant due to retirement of the incumbent. The concerned Asst. Registrar of Co-operative Societies is in-charge of the post of Deputy Registrar of Co-operative Societies. But in the instant case, the Asst. Registrar of Co-operative Societies is the authority which has passed the impugned orders at Annexures-E and F. Hence, the in-charge officer would not be in a position to hear the appeals. 5. The learned Additional Government Advocate on instructions submits that in view of special circumstances that the post of Deputy Registrar of Co-operative Societies is vacant in view of the retirement of the incumbent, the petitioners may move the concerned Joint Registrar of Co-operative Societies for appropriate relief and she assures that the Joint Registrar of Co-operative Societies would immediately take up the application made by the petitioners and pass order. 6. Hence, reserving liberty to the petitioners to move the Joint Registrar of Cooperative Societies for appropriate relief, this writ petition is disposed of.
6. Hence, reserving liberty to the petitioners to move the Joint Registrar of Cooperative Societies for appropriate relief, this writ petition is disposed of. If such an application is filed, the concerned authority to consider the same without delay.