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