MYSORE CO OP BANK LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 1. In this writ petition, the petitioner has challenged the order dated 21-10-1974 of the Government (Ex. 'B') confirming the order No. RSR.PR. 2239/72-73 dated 7-11-1973 of the Joint Registrar of Co-operative Societies, Mysore (Ex. 'A') in so far as the said order was challenged before it.

(2.) Admittedly the petitioner is a co-operative Society registered and functioning under the Karnataka Co-operative Societies Act 1959 (hereinafter referred to as the Act) and the rules framed thereunder. On 25-4-1971 the Society decided to invest a sum of Rs. 52,000 available in its reserve fund in the construction of a building. On the basis of the said resolution the Society, sometime in January 1973 approached respondent-2 to accord his permission to invest the reserve fund of Rs. 52,000 in the construction of a building. On a consideration of the application made by the petitioner, the Joint Registrar being satisfied of the request made by the Society, by his order dated 7-11-1973 (Ex. 'A') has accorded his permission to invest the reserve fund of Rs. 52,000 in the construction of a building, subject to certain conditions. The petitioner is dissatisfied only with condition No. 1 which reads thus:

(3.) Against the imposition of this condition, the petitioner moved the Government in a revision petition under S. 108 of the 1959 Act, which, by its order dated- 21-10-1974 (Ex. 'B') has dismissed the same and has refused to delete the conditions sought for by the petitioner.