Case Note & Summary
The petitioner, Sri Krishnappa Lachappa Bilikeri, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench. The petition sought a declaration that Section 18-B inserted into the Karnataka Co-Operative Societies Act, 1959 by the amendment Act No.35/2014 with effect from 06.09.2014, is only prospective in effect. The petitioner also sought to declare as void the subject at item No.21 in the meeting of the 3rd respondent Milk Union scheduled for 18.10.2016, as per Annexure-F, on the ground that it lacked authority of law or competence. The respondents included the State of Karnataka, the Karnataka Milk Federation, and the Vijapura-Bagalkot District Milk Producers Societies Union Ltd. However, before the court could hear the matter on merits, the learned counsel for the petitioner filed a memo seeking withdrawal of the writ petition. The petitioner was also present before the court. The court took the memo on record and dismissed the writ petition as withdrawn. No order was passed on the merits of the legal issues raised, and the petition was disposed of without any adjudication.
Headnote
A) Constitutional Law - Writ Jurisdiction - Withdrawal of Petition - Petitioner filed writ petition challenging validity of amendment to Section 18-B of Karnataka Co-Operative Societies Act, 1959 - Petitioner sought declaration that amendment is prospective only - Petitioner filed memo seeking withdrawal of petition - Court permitted withdrawal and dismissed petition as withdrawn - No adjudication on merits (Para 1-2).
Issue of Consideration
Whether Section 18-B of the Karnataka Co-Operative Societies Act, 1959 inserted by Act No.35/2014 is prospective or retrospective
Final Decision
The writ petition is dismissed as withdrawn.
Law Points
- Withdrawal of petition
- No adjudication on merits
Case Details
2017 LawText (KAR) (08) 3
Writ Petition No.205088/2016 (CS-EL/M)
M.R. Rajagopal, Bheemaraya M.N. (for petitioner); A. Syed Habeeb (AGA for R1); Veershetty B. Kondanpalli (for R2); D.P. Ambekar (for R3)
Sri Krishnappa Lachappa Bilikeri
The State of Karnataka, The Karnataka Milk Federation, Vijapura-Bagalkot District Milk Producers Societies Union Ltd.
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging the prospective effect of an amendment to the Karnataka Co-Operative Societies Act, 1959.
Remedy Sought
Petitioner sought declaration that Section 18-B inserted by Act No.35/2014 is only prospective and that the subject at item No.21 in the meeting of the 3rd respondent Milk Union scheduled for 18.10.2016 is void and without authority of law.
Filing Reason
Petitioner challenged the validity of the amendment to Section 18-B of the Karnataka Co-Operative Societies Act, 1959, and sought to nullify a meeting item.
Issues
Whether Section 18-B of the Karnataka Co-Operative Societies Act, 1959 inserted by Act No.35/2014 is prospective or retrospective
Submissions/Arguments
Petitioner filed memo seeking withdrawal of writ petition; no arguments on merits.
Ratio Decidendi
The court did not adjudicate on the merits as the petition was withdrawn. No ratio decidendi established.
Judgment Excerpts
The learned counsel for the petitioner has filed a memo seeking withdrawal of the writ petition.
The writ petition is dismissed as withdrawn.
Procedural History
Petitioner filed writ petition under Articles 226 and 227 of Constitution of India. Before hearing, petitioner filed memo seeking withdrawal. Court took memo on record and dismissed petition as withdrawn.
Acts & Sections
- Karnataka Co-Operative Societies Act, 1959: Section 18-B
- Constitution of India: Articles 226, 227
