Case Note & Summary
The petitioner, Sri Vijayachandra, filed a writ petition before the High Court of Karnataka challenging an order dated 11.11.2014 passed by the first respondent (State of Karnataka, Department of Co-operative) in Revision Petition No.CO/18/CAP/2013. The revision petition had been filed against an order of the Assistant Commissioner (second respondent) concerning the Primary Co-operative Agricultural and Rural Development Bank, Udupi. The petitioner sought a writ of certiorari to quash the revisional order and an interim stay. The High Court, after hearing the matter, found that the revisional authority had exceeded its jurisdiction by setting aside the Assistant Commissioner's order without providing any reasons and without proper application of mind. The court emphasized that revisional powers must be exercised judiciously and that quasi-judicial orders must be speaking orders. Consequently, the High Court allowed the writ petition, quashed the impugned revisional order, and restored the order of the Assistant Commissioner.
Headnote
A) Co-operative Law - Revisional Jurisdiction - Scope of Interference - Karnataka Co-operative Societies Act, 1959, Section 30 - The revisional authority must exercise its power judiciously and cannot substitute its own opinion without finding any illegality or irregularity in the order under revision. The impugned order dated 11.11.2014 was set aside as it was passed without proper application of mind and without giving reasons. (Paras 1-3) B) Co-operative Law - Natural Justice - Speaking Orders - Karnataka Co-operative Societies Act, 1959 - An order passed by a quasi-judicial authority must be a speaking order containing reasons. The revisional order failed to meet this requirement and was therefore quashed. (Paras 1-3)
Issue of Consideration
Whether the revisional authority under the Karnataka Co-operative Societies Act, 1959, can set aside a well-reasoned order of the Assistant Commissioner without providing adequate reasons and without affording proper opportunity of hearing.
Final Decision
The writ petition is allowed. The impugned order dated 11.11.2014 passed by the first respondent in Revision Petition No.CO/18/CAP/2013 is quashed. The order of the Assistant Commissioner is restored.
Law Points
- Revisional jurisdiction under Karnataka Co-operative Societies Act
- 1959
- Scope of interference
- Natural justice
- Speaking orders
