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



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

S/o latseAB Remaiah

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 *  '   =

S10 Govinda Bhat '

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




.  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 

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

M.  Ei:a_a.f'  % . 
 fiend by  



3/0 152:; M N Bhat

 Aged alzz-"on-t42yca1's

"if  we lewd' cuts of Durga Pmaanna

Bclthangady Taluk

V  " -Vnakshina Kannada ffmtrict

A V Sathyanarayma
S/o late Vcnkatachalaiah




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:

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



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


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 ~ ._



Hence, I pass the foflqfiviglg :V-

The of mmtrd and
the of authorities as


.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

Camzmlteeon I5.1€2.2008at1I.00AMfnflveofliae

of thefirst rmpondenl.



ksp/- _





pass oniers the date of
appemm ,15.;a2m8§ % A



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