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2025 DAILYLAW 33749 (KAR)

SRI T PREMANATH v. ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES

WP/27225/2024 · 2025-07-04

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24151 WP No. 27225 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.27225 OF 2024 (S-RES) BETWEEN: SRI T. PREMANATH S/O. LATE M. N. THIPPAIAH AGED ABOUT 65YEARS R/AT KODIGENAHALLI MADHUGIRI TALUK TUMKURU DISTRICT – 572 101. …PETITIONER (BY SRI NANJA REDDY P. N., ADVOCATE) AND: 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES TUMKURU SUB-DIVISON TUMKURU TUMKURU DISTRICT – 572 101. 2. KASABA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY REG.ORDER CO-OPERATIVE SOCIETY ACT REPTD.BY ITS CHIEF EXECUTIVE OFFICER KUNIGAL, KUNIGAL TALUK TUMKURU DISTRICT – 572 101. …RESPONDENTS (BY SRI B. J. ESWARAPPA, A.G.A., FOR R-1; SRI DEVIPRASAD SHETTY, ADVOCATE FOR R-2) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24151 WP No. 27225 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO DIRECT THE R-2 FOR PAYMENT OF CHARGE ALLOWANCE AND ALSO THE DEPOSIT AMOUNT WHICH HE IS LEGALLY ENTITLED TO FOR A SUM OF RS. 9,97,140/- ALONG WITH 9% INTEREST IN TERMS OF THE PROVISIONS OF THE KARNATAKA CO OPERATIVE SOCIETIES ACT AND ALSO IN TERMS OF HIS ENTITLEMENT AS PER ANNEXURE-F DATED 28.01.2020. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for the following relief: a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent-1 to direct the respondent-2 for payment of charge allowance and also the deposit amount which he is legally entitled to for a sum of Rs.9,97,140/- along with 9% interest in terms of the provisions of the Karnataka Co-operative Societies Act and also in terms of his entitlement as per Annexure-F dated 28.01.2020. - 3 - HC-KAR NC: 2025:KHC:24151 WP No. 27225 of 2024 2. The petitioner was appointed as Chief Executive Officer at Primary Agriculture Co-operative Society in respondent No.2 and thereafter, he retired from the service. When he was working as such, he was deputed to other Societies and therefore, he is entitled for charge allowance and the same has not been paid to him. Hence, he had approached respondent No.2 and made representation dated 15.02.2024 at Annexure-A and another representation dated 05.03.2024 at Annexure-B. Since the said representations have not been considered by respondent No.2, the petitioner made one more representation dated 03.05.2024 at Annexure-C. Thereafter, the Deputy Registrar of Co-operative Societies has issued a direction to the respondent No.1 vide Annexure-D dated 14.06.2024. Inspite of that, respondent No.1 has not considered the case of the petitioner. Hence, the petitioner has approached this Court. 3. In view of the fact that the representation of the petitioner at Annexure-C is not considered, without - 4 - HC-KAR NC: 2025:KHC:24151 WP No. 27225 of 2024 expressing any opinion on the merits of the case, the respondent No.1 is directed to consider the representation of the petitioner only to the effect of seeking for implementation of the order dated 14.06.2024 at Annexure-D, in accordance with law, within eight weeks from the date of receipt of copy of this order. 4. Accordingly, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 43