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The Tiptur Taluk Agricultural … vs The Agricultural Produce Market … on 20 September, 2008

Karnataka High Court
The Tiptur Taluk Agricultural … vs The Agricultural Produce Market … on 20 September, 2008
Author: N.Kumar
 

 

Tipturtcvisvn   ..... 

 Diairict .. _  Pefifigfief

" Committee
iéieprwanted by its Secretary

V'   ....:amc Yam

 t1lr I t



 

2(8)

A B Ramaiah
S] 0 Ayodhya Ramaiah
Since: deceased by 117: L.Rs.,

BRJayaram
S/o latseAB Remaiah
AgBdabout40ycars

Both are residing at No.38'? 

sch Main, an! stage zsrrysxoeig * , 

Basaves11wa1'auagare:_  _ 
Bangalore - 79 

Y. Rama  Blifiht  '
SIG lair: Sflbb-ffiifltkfl.

Rio Anugall£z'.Yclkéma'°Ho1;§¢ 

Be1?£h8B8a*5?'._«Ta1'fik   .  
n.x;._Dis'm'.;~t *  '   =

P.     
S10 Govinda Bhat '
 about 

Rtisitiizagw-gt  House

 

   

S/o~~Thimoh' D' 30112::

 .. Agod"about50ye=ara

 _" V Résitlcnt of Mamiela House
 Bcltbangady Taluk
 Dakshina Kannada District

Smt. Gowramma
W/0 Eshwarra Bhat

Agodaboutsflycars



 

 A

.  Wfo   Méjaayana Bhat

:  '--.».g7,"')

Residing at Kattnr House
Aladangmii *
Belthangauiy Taluk   
Dakehina Kannada District 

M. Har:ilu1'& Bhat

S/0 Sham Bhat ' 
Residing at Gokul Hausa
Kunadi Village
Dharnmathnla V ~ .__  M
Belthangady Taluk   _ 
D.K. District 

Narasi1nhafi,l1at_
S/oMafiga;'Br.}aaéV _ g   
Ream mg' Vat--iMc:cy'  a Hausa' A.  
Belraaanaadywvaluk     %
Dakshiafa 

M.  Ei:a_a.f'  % . 
S/o_VSham*B_hat.  
 fiend by  

iyarmna

 

3/0 152:; M N Bhat

 Aged alzz-"on-t42yca1's

"if  we lewd' cuts of Durga Pmaanna
 Past

Bclthangady Taluk

V  " -Vnakshina Kannada ffmtrict

A V Sathyanarayma
S/o late Vcnkatachalaiah

 



w

 

Aged about 66 yams
Resident of Adalagem
Nittur Hobli, Grubbi Taluk   "    
Tumkur District  Rcspoadezgts "

(By Sri  m    tt   :, A
Sri Aahwin Kumar, Advocate for__R3j8, 10, _-'3(b); 2   '
R2(a), R9(a) axzd-:t(i:\Va1t: sczvcfil)  ' A ' V, 2

This Writ Petition is  ymdat' 2%Aa21d 227 of
the Constitution of  giraying $1  the award of the
disputes committee dated 35i2«9--r§!'JC96  Resolution dated
1543-2006 passed by the  msgsoxulefilv  by
the cnmmunivation: (hated §2.'3--'5:_!e Aunt-:m1m~B, C and 1'}

This Wtit    ' hcanh g in
'B' Gmup.£hi1s_'(1ey,   t__mac§e_tVh-5*. fiollowing:
A 

f;§1:¢ x has challenged in this writ petition

  C. D as well as E under which they have been

  titetamount awanied to mspondcnts-2 to 10.

 ..  x :'I'hc pcfitioncr is a Co-eperativn: Society mg'stc:red
H V A   provisions of Kaznataka Co-operative Societies Act.
V   ":.;Rc%%pondents-2 to 10 are farmrs. They contend that may have
  ~ Lttstzpplied Capra to the petitioner during the period from

\x/



 

produced any material before the Dispntg'   ~

Committee in support of their claim _, ...»..¥n'th¢;'  '

material' , thc Committee could not  A    , i:%11

their men: say. In fact hcfom    "

held, no evidence W88    C1033-
examine the wimcsscs  " the impuwarl
order passed is in vioxaficgn aflf natural justice
and     is also lziabic to be

quashed. 1  5.. 

4.    counsel for the mspondtmts
submittsrl    claim petition the respondents 2

showing the supply of Capra and

§;):f the same by the petitioner Committee.

tgontcnfion that they did not produce any

and, therefore, the impugned order passed is

any basis is man’ rmct. They ii1rthcr- eonmnded this

V is pending for the last 14 yeaxs. In every forum they

succeeded butin the and ofthc day tbcyazzzyet to see the

fruits 0f the award. Therefore, they sought for

Writ Pctitien. t

5. I have gone thmugh at ‘Au
Annexu:ne-B. In the first page the

1net1cu’ lously set out. in the nc3Ct__1:»”a1’a’ . ‘

Writ Petitions filed and ~ Court
directing them to hair! orders. In the

operative portion itis the mwting

held on did not produce any
doeumentsttp : Acting on the order

:_..-‘the ‘tr; ‘ti1e..az;10unts clafined by Iwpondcnts 2 to
is confirmed by the fimt xespondcnt.

V issued the impuged notice demanding

the when the petitioners have demed’ the receipt

and contend they are not liable to pay the

by xespondents 2 to 10 the buxden is on the

T fieytiiiradents 2 to 10 to fiat pmve the supply and then the

ofthe Capra aw than only an award could be passed in

their flavour. They have pmduoed mocipts _

complaint shearing the aclcnowledgemcnt of of -« ..

Capra received. Tim authorificsg X

documents an: pmduoed. Maéy %»

pmduocd on that parficular dafit {ha had
been pmduccd along Ev3:ven the
respondents 2 to 10 did ‘1V1dt to lead oral
evidence. and to the notice
of the In fact no evidence
is mooxdecrfaf is expected of the
Committee to adjudicafi: the dispute

between the 3:; &k of applimtion of mind’ .

has :i;:itVibB¢wrcd any procedure and they have

which has no legal basis. Under these

impumed award, confilmatitm of awazd

the naéicc of dfimand issued by the autboxtifics as per

c. 9 and E mt illegal and Babies to be quashed.

A’ liiatter has to be rczzzanded back to the said Committee to

V cnquixy, mnsidcr the avermcnts in the complaint, the

dmumcnts produced along with the said complaint and also

h’/%

would evidence of the parks, permit the
examine the other side and also receive

parties choose to produce and than

the dispute and pass appmpriatg pxdevimh ~ ._

5.
(‘1

(ii)

Hence, I pass the foflqfiviglg :V-
waitmaunatsazbuieg.

The of mmtrd and
the of authorities as

(Hi)

.p.’&zzIing3, docwnenm cmd lead eviderwe afier such

« % is remitted bad: to the c::ammiuee

of the High Ccrurt

fonsfor mam’ aneng-wry’ qrmsh.
parties are at fiberty to file additional

AsiIuZsmatterispenfingforthelast14yem’sitis
neoassazytodirecitfzepartiesioappearbefaretfre
Camzmlteeon I5.1€2.2008at1I.00AMfnflveofliae

of thefirst rmpondenl.

fvi)

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&:fluepefifibner<n'upnwqgyuhwusliflflfijfifsufih'.

enqufiy.

Afiwrappeannu2¢yWhg;x&£g$1he€§fianfi#§§sfiaHE*

nuflhaeweayendhavd;%@immqflHmx@h;efigufiyrand
pass oniers the date of
appemm ,15.;a2m8§ % A

Sd/—

Judge

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