Disposed

The New Vijaya Recreation Club (R) v. State of Karnataka

Karnataka HC5 Nov 2020WP/148010/2020

Case brief

AI extract

What is this about?

This court disposed of a writ petition under Articles 226 and 227 of the Constitution of India. The court directed the Registrar of Societies to hold an enquiry regarding objections received from another society concerning similar names and pass an appropriate order within a month, while refraining from interfering in the petitioner's functioning during the pendency. The quality is 'thin'as only t

What did the court decide?

Directing the 2nd respondent to hold an enquiry and pass appropriate order within one month. Meanwhile, the 2nd respondent shall not interfere in the functioning of the petitioner and 1st respondent.

The New Vijaya Recreation Club (R) Vs… — Pension and Retirement Benefits | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 05^{T H} DAY OF NOVEMBER 2020

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BEFORE

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THE HON’BLE MR. JUSTICE ASHOK S. KINAGI

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W.P.NO.148010/2020 (CS-RES)

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BETWEEN :

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THE NEW VIJAYA RECREATION CLUB (R), SUBHAS HABIB BUILDING, JANATA BAZAR, HUBBALLI, DIST: DHARWAD, REPRESENTED BY ITS SECRETARY, GIRISH S/O DASHARATH HABIB, AGE : 43 YEARS, OCC: BUSINESS, R/O KAMARIPETE JAI BHARAT CIRCLE, HUBBALLI, PIN CODE: 580009.

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.. PETITIONER

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(BY SHRI DINESH M.KULKARNI, ADV.)

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AND :

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STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BENGALURU, BY ITS SECRETARY, PIN CODE-560001.

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THE REGISTRAR OF SOCIETIES, AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, M.D.PATRAVALI, BUILDING, NEAR RAILWAY STATION, 7^{T H} CROSS, MALMADDI, DHARWAD-580007.

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THE NEW VIJAYA BHARAT ASSOCIATION AND LIBRARY (R), KESHWAPUR, HUBBALLI, SUPER MARKET, JANATA BAZAR, HUBBALLI, DIST: DHARWAD, REP. BY ITS PRESIDENT, SHRI LAXMAN S/O UMASA DALABANJAN, AGE : 67 YEARS, OCC: PRESIDENT & BUSINESS R/O SUPER MARKET,

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JANATA BAZAR, HUBBALLI, DIST: DHARWAD.

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..RESPONDENTS

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(BY SHRI SHIVAPRABHU S.HIREMATH, AGA FOR R.1 & R2, SHRI SHRIHARSH A.NEELOPANT, ADV. FOR R.3)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING THIS COURT TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH ORDER BEARING NO.DRZ/ SASAM/CR-79 2020-2021 DATED 19.08.2020 PASSED BY RESPONDENT NO.2, VIDE ANNEXURE-C, AS NULL AND VOID AND SUCH OTHER RELIEFS.

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THIS PETITION COMING ON FOR HEARING ON I.A THIS DAY, THE COURT MADE THE FOLLOWING:

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: ORDER :

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endorsement dated 19.8.2020 issued by the 2^nd respondent, this writ petition is filed.

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Brief facts of the case of the petitioner are as under:

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The petitioner-Society is registered under the Karnataka Societies Registration Act, 1960 (hereinafter referred to as “the Act 1960” for short). The petitioner got registered with the 2^nd respondent under the certificate dated 04.04.2019. The petitioner in compliance of the

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provisions of the Act 1960, held its Annual General meeting on 07.06.2020 and audit report of year 2019-20 was accepted in the meeting. On 08.06.2020 the petitioner has submitted the records i.e., copy of the notice of meeting, resolution and list of office bearers attended in the Annual General Body Meeting to the 2^nd respondent.

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The Annual Report submitted by the petitioner has not been approved by the 2^nd respondent. Petitioner had received an endorsement issued by the 2^nd respondent stating that the 3^rd respondent-The New Vijaya Bharath Association and Library (R), Hubballi has objected for approval of the audit report of the petitioner. Based on the objections of the 3^rd respondent-The New Vijaya Bharath Association and Library (R), Hubballi, the 2^nd respondent has issued an endorsement. Hence, the petitioner

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aggrieved by the endorsement issued by the 2^nd respondent filed this writ petition.

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Heard learned counsel appearing for the petitioner and learned Additional Government Advocate and also Shri Shriharsh A Neelopant learned counsel appearing for the 3^rd respondent.

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Learned counsel appearing for the petitioner submits that, let the 2^nd respondent shall hold an enquiry and pass an appropriate order on the objection submitted by the 3^rd respondent and pass appropriate order. For which, the petitioner has no objections. He further submits that, till the passing of order by the 2^nd respondent, the registration of the petitioner may be renewed. Hence, he prays to allow the writ petition.

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Per contra , learned counsel appearing for the 3^rd respondent objects the submissions made by the learned counsel appearing for the

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petitioner on the ground that, the 3^rd respondent has filed objection stating that, the 3^rd respondent is a society registered under the Act 1960 and the same was renewed from time to time. That the petitioner by issuing the same address belongs to the 3^rd respondent, got the society registered. As the petitioner by suppressing the said facts, has filed this writ petition.

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Learned Additional Government

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Advocate supports the contentions of the 3^rd respondents.

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Perused the records.

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That the petitioner-Society was registered under the Act 1960 and registration certificate was issued on 04.04.2019 and Annual General Body Meeting was held on 07.06.2020 and the audit report for the year 2019-20 was accepted and the same was forwarded to the 2^nd respondent for approval.

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The 3^rd respondent filed its objections

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for approval of the report on the ground that, the name of the petitioner-Society is similar to the name of the 3^rd respondent. Hence, on the said ground, the 3^rd respondent has objected the same. The 2^nd respondent on the basis of the objections submitted by the 3^rd respondent has issued an endorsement. The endorsement discloses that, the authority has initiated an enquiry and the enquiry proceedings are pending.

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This Court vide order dated

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01.10.2020 has stayed the impugned order and same was extended from time to time. It would be appropriate that, the direction is issued to the 2^nd respondent to hold an enquiry as expeditiously as possible and to pass an appropriate order within a period of 15 days from the date of receipt of copy of this order.

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Accordingly, this Court proceed to pass the following:

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: ORDER :

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The writ petition is disposed of directing the 2^nd respondent to hold an enquiry and pass appropriate order in accordance with law within a period of one month from the date of receipt of the certified copy of the order. Meanwhile, the 2^nd respondent shall not interfere in the functioning of petitioner and as well as the 1^st respondent till the passing of order.

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Sd/JUDGE

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EM/-

The New Vijaya Recreation Club (R) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

The New Vijaya Recreation Club (R) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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