Sri Benaka Souradha Credit Co-operative Society Limited vs State of Karnataka and Others

H.N. Nagamohan Das, J.—Petitioner secured award against respondent 3 u/s 70 of the Karnataka Co-operative Societies Act, 1959. Further, petitioner had taken out execution proceedings before the Assistant Registrar of Co-operative Societies. The Executing Court issued salary attachment warrant of respondent 3 requesting respondent 2, who is salary drawing officer to give effect to attachment of salary. Despite service of salary attachment warrant, respondent 2 has not given effect to the same. Hence, petitioner is before this Court.

It is obligatory on the part of the second respondent to give effect to the attachment of salary warrant issued by the Assistant Registrar of Co-operative Societies. The failure on the part of second respondent in not giving effect to the attachment of salary warrant will lead to serious civil consequences. Therefore, a writ of mandamus is hereby issued, directing second respondent to give effect to the attachment of salary warrant served on him by the office of the Assistant Registrar of Co-operative Societies in respect of third respondent in accordance with law.

Accordingly, the writ petition is hereby disposed of without reference to respondents 2 and 3.