Dismissed

Tunga-Bhadra Grameena Education Society v. the District Registrar

Karnataka HC6 Dec 2022WP/72980/2012

Case brief

AI extract

What is this about?

Writ petition filed by a dismissed Secretary against the District Registrar's acceptance of annual returns filed by the incumbent Secretary. The Court held that since the petitioner failed to challenge his removal in Civil Court, he cannot now seek review of filing returns. Writ dismissed.

What did the court decide?

Writ petition dismissed holding the petitioner cannot challenge the acceptance of annual returns filed by the incumbent Secretary as he did not pursue civil remedy for removal.

Tunga-Bhadra Grameena Education Society Vs the District… — Property and Title | Karnataka HC (2022)

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WP No. 72980 of 2012

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

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WRIT PETITION NO. 72980 OF 2012 (GM-KSR)

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BETWEEN:

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TUNGA-BHADRA GRAMEENA EDUCATION SOCIETY, MUDENUR (REGD.), RANEBENNUR TALUK, HAVERI DISTRICT, BY ITS SECRETARY, KOTRAPPA BHEEMAPPA CHELAVADI, S/O BHEEMAPPA, AGED ABOUT 69 YEARS.

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… PETITIONER

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(BY SRI. M V HIREMATH, ADVOCATE)

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AND:

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THE DISTRICT REGISTRAR OF SOCIETIES, HAVERI DISTIRICT, HAVERI.

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SRI. H.B. DEVARAMANI S/O BASAPPA, AGE 62 YEARS, R/O. ITAGI, RANEBENNUR TALUK, HAVERI DISTRICT.

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… RESPONDENTS

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(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1; SRI. N.R. KUPPELUR, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28/02/2012 PASSED BY RESPONDENT NO.1, AS PER ANNEXURE-P & ETC.,

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 72980 of 2012

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ORDER

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Shri Kotrappa Bheemappa Chelavadi claiming

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to be the Secretary of Tunga-Bhadra Grameena Education Society, raised a dispute under Section 25(1) against Shri C.H. Patil, the President and Shri H.B. Devaramani, Secretary of the Society contending that he had been unlawfully removed as Secretary. That claim was rejected holding that the removal of Shri Kotrappa Bheemappa Chelavadi was proper and the appointment of Shri H.B. Devaramani was correct. The Authority however held that the removal of Shri Kotrappa Bheemappa Chelavadi during primary membership was illegal.

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As against this order, Shri Kotrappa Bheemappa Chelavadi claiming to represent the Society itself filed W.P. No.62176/2011. This Court by an order dated 16.03.2011 came to the conclusion that if Shri Kotrappa Bheemappa Chelavadi was aggrieved by the

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WP No. 72980 of 2012

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resolution, removing him from the post of Secretary, it would be open for him to question the same before the Civil Court.

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As far as the prayer to declare the Committee constituted and approved in the year 2005-06 and the appointment of Shri Kotrappa Bheemappa Chelavadi as Secretary was valid and for declaration that the governing council meeting held on 27.06.2006 under the leadership of Shri H.B. Devaramani was illegal and void, this Court held that the order passed by the Authority under Section 25 was void and illegal in writ jurisdiction and were required to be considered in a proceeding before the Civil Court.

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It is not in dispute that pursuant to the said order, Shri Kotrappa Bheemappa Chelavadi has not instituted any Civil suit seeking for a declaration that his ouster was illegal.

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WP No. 72980 of 2012

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It appears that the second respondent herein

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had submitted the annual returns as required under Section 13 of the Act and Shri Kotrappa Bheemappa Chelavadi raised objections and requested the first respondent to review the acceptance of filing of annual returns. The first respondent has refused to entertain the request and has informed the petitioner that it was open for him to take advantage of the order passed in W.P. No.62176/2011 and approach the Civil Court, if he has any grievances.

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communication dated 28.02.2012 by way of this writ petition.

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As required under Sections 12 & 13 of the Karnataka Societies Registration Act, the governing body of the Society is required to submit accounts and also file the returns. The second respondent claiming to be the Secretary has filed the returns. The petitioner

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WP No. 72980 of 2012

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who was permitted to challenge his removal but who had not chosen to challenge the same before the Civil Court cannot have any grievance regarding filing of the said returns and cannot seek for review of acceptance of annual returns. The writ petition is therefore misconceived and is dismissed.

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sd JUDGE

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Vnp* List No.: 1 Sl No.: 44

Tunga-Bhadra Grameena Education Society v. the District Registrar

Case brief

What is this about?

What did the court decide?

Tunga-Bhadra Grameena Education Society v. the District Registrar

Case brief

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What did the court decide?

What the court decided

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