Case Note & Summary
The petitioners, who were members of a co-operative society, challenged an order dated 12.08.2021 passed by the Registrar of Co-operative Societies (R1) in appeal, which set aside an earlier order dated 18.03.2021 passed by the Additional Registrar of Co-operative Societies (R2). The petitioners sought a writ of certiorari to quash the appellate order and restore the Additional Registrar's order. The High Court of Karnataka examined the jurisdiction of the Registrar to entertain an appeal against the Additional Registrar's order under the Karnataka Co-operative Societies Act, 1959. The court found that the Additional Registrar is not a subordinate authority to the Registrar under the Act, and therefore, no appeal lies against his order. Additionally, the court noted that the impugned order was passed without giving any notice or opportunity of hearing to the petitioners, violating principles of natural justice. Consequently, the court allowed the writ petition, quashed the Registrar's order, and restored the Additional Registrar's order.
Headnote
A) Co-operative Law - Appellate Jurisdiction - Section 29A of Karnataka Co-operative Societies Act, 1959 - The Registrar of Co-operative Societies has no jurisdiction to entertain an appeal against an order passed by the Additional Registrar of Co-operative Societies, as the Additional Registrar is not a subordinate authority under the Act. The court held that the appeal was not maintainable and the order was without jurisdiction. (Paras 1-10)
B) Natural Justice - Violation of Principles - The impugned order was passed without affording an opportunity of hearing to the petitioners, thereby violating principles of natural justice. The court held that the order was liable to be quashed on this ground as well. (Paras 1-10)
Issue of Consideration
Whether the Registrar of Co-operative Societies had jurisdiction to entertain an appeal against the order of the Additional Registrar under the Karnataka Co-operative Societies Act, 1959, and whether the impugned order was passed in violation of principles of natural justice.
Final Decision
The High Court allowed the writ petition, quashed the order dated 12.08.2021 passed by the Registrar of Co-operative Societies, and restored the order dated 18.03.2021 passed by the Additional Registrar of Co-operative Societies.
Law Points
- Jurisdiction of Registrar in appeal
- Natural justice
- Scope of writ of certiorari
- Interpretation of Section 29A of Karnataka Co-operative Societies Act
- 1959
Case Details
2025 LawText (KAR) (07) 60
WP No. 16082 of 2021 (CS-RES)
M. R. Rajgopal (Senior Advocate for H.N. Basavaraju) for petitioners; Harish A.S (AGA) for R1 and R2; P. Anand for R3
Somashekara, A.M.Gangadharappa, G.K.Shadaksharappa, G.S.Shashidhar
Registrar of Co-operative Societies, Additional Registrar of Co-operative Societies (Consumption and Sales), Tota Uthpannagala Marata Sahakara Sangha Niyamitha (TUMCOS)
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an appellate order passed by the Registrar of Co-operative Societies.
Remedy Sought
Petitioners sought a writ of certiorari to quash the order dated 12.08.2021 passed by the Registrar of Co-operative Societies (R1) and to restore the order dated 18.03.2021 passed by the Additional Registrar of Co-operative Societies (R2).
Filing Reason
The petitioners were aggrieved by the appellate order of the Registrar which set aside the Additional Registrar's order without jurisdiction and without affording them an opportunity of hearing.
Previous Decisions
The Additional Registrar of Co-operative Societies passed an order on 18.03.2021 in case No.RCS/PRS/THIDDUPATI/65/2020-21. The Registrar of Co-operative Societies passed an appellate order on 12.08.2021 in Appeal No.RCS/DAP/D1/01/2021-22, setting aside the Additional Registrar's order.
Issues
Whether the Registrar of Co-operative Societies had jurisdiction to entertain an appeal against the order of the Additional Registrar under the Karnataka Co-operative Societies Act, 1959.
Whether the impugned order was passed in violation of principles of natural justice.
Submissions/Arguments
Petitioners argued that the appeal before the Registrar was not maintainable as the Additional Registrar is not a subordinate authority under the Act.
Petitioners contended that the impugned order was passed without any notice or opportunity of hearing, violating natural justice.
Ratio Decidendi
The Registrar of Co-operative Societies has no jurisdiction to entertain an appeal against an order passed by the Additional Registrar of Co-operative Societies under the Karnataka Co-operative Societies Act, 1959, as the Additional Registrar is not a subordinate authority. Additionally, any order passed without affording an opportunity of hearing is violative of principles of natural justice and liable to be quashed.
Judgment Excerpts
The petitioners are before this court seeking for the following reliefs: a) Issue a writ in the nature of certiorari or any other writ to quash the order dated 12-08-2021 passed by respondent No.1 Registrar of Co-operative Societies in Appeal No.RCS/DAP/D1/01/2021-22 as per Annexure-G. b) Consequently, restore the order dated 18-03-2021 passed by respondent No.2 Additional Registrar of Co-operative Societies in case No.RCS/PRS/THIDDUPATI/65/2020-21 as per Annexure-F.
Procedural History
The Additional Registrar of Co-operative Societies passed an order on 18.03.2021. The Registrar of Co-operative Societies entertained an appeal and passed an order on 12.08.2021 setting aside the Additional Registrar's order. The petitioners then filed the present writ petition before the High Court of Karnataka challenging the appellate order.
Acts & Sections
- Karnataka Co-operative Societies Act, 1959: Section 29A
- Constitution of India: Articles 226, 227
