Dismissed

Sri Ramesh Nagaraju v. the State of Karnataka

Karnataka HC21 Aug 2024WP/15076/2024

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging the Registrar's acceptance of a managing committee renewal application. Relying on precedent, the court held that disputed facts regarding membership must be determined by a civil court, not in writ proceedings.

What did the court decide?

Writ petition disposed of; liberty to approach civil court reserved. Interim order for three weeks.

Sri Ramesh Nagaraju Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2024)

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NC: 2024:KHC:33658 WP No. 15076 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 15076 OF 2024 (GM-RES)

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BETWEEN:

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SRI RAMESH NAGARAJU AGED ABOUT 50 YEAR, SON OF SRI. NAGARAJU PRESIDENT, M/S KISHORE VIDYANIKETAN SOCIETY (R), NO.5, C BLOCK, SAHAKARANAGAR, BENGALURU-560 092.

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PRESENTLY WORKING AT AL MELAHEYAH, RESIDENCE-2, FLAT NO.215, ALL MINA ROAD, NESTO BUILDING, AL HUDAIBIA, DUBAI, UAE.

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SRI NAGARAJU

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AGED ABOUT 77 YEARS, SON OF LATE BOMMAIAH, SECRETARY, M/S KISHORE VIDYANIKETAN SOCIETY (R), NO.5, C BLOCK, SAHAKARANAGAR, BENGALURU-560 092.

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…PETITIONERS

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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(BY SRI. JAGADISH BALIGA N.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU-560 001.

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THE DEPUTY REGISTRAR CUM DISTRICT REGISTRAR OF SOCIETIES, 1ST ZONE, BENGALURU URBAN DISTRICT, NO.146, SAHAKARA SOUDHA, 8TH CROSS, 3RD MAIN, MARGOSA ROAD, MALLESWARAM, BENGLAURU-560 003.

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2 - NC: 2024:KHC:33658 WP No. 15076 of 2024

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SRI. ERE GOWDA, AGED ABOUT 75 YEARS, SON OF LATE VENKATEGOWDA, EXECUTIVE MEMBER, M/S KISHORE VIDYANIKETAN SOCIETY (R), NO.5, C BLOCK, SAHAKARANAGAR, BENGALURU-560 092, RESIDENT OF NO.7, 1ST CROSS, GANGAPPA BLOCK, GNAGANAGAR, BENGALURU-560 032.

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SRI. PUTTARAJU K AGED ABOUT 82 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONERS, EXECUTIVE MEMBER, M/S KISHORE VIDYANIKETAN SOCIETY (R), NO.5, C BLOCK, SAHAKARANAGAR, BENGALURU-560 092, RESIDENT OF NO.75, 3RD CROSS, VINAYAKA LAYOUT, BHOOPASANDA, BENGALURU-560 094.

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SRI. RAVI KUMAR K, AGED ABOUT 51 YEARS, SON OF SRI. ERE GOWDA EXECUTIVE MEMBER, M/S KISHORE VIDYANIKETAN SOCIETY (R), NO.5, C BLOCK, SAHAKARANAGAR, BENGALURU-560 092, RESIDENT OF NO.7, 1ST CROSS, GANGAPPA BLOCK, GANGANAGAR, BENGALURU-560 032.

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SMT. R LALITHAMMA, AGED ABOUT 73 YEARS, WIFE OF SRI ERE GOWDA, EXECUTIVE MEMBER, M/S KISHORE VIDYANIKETAN SOCIETY (R), NO.5, C BLOCK, SAHAKARANAGAR, BENGALURU-560 092, RESIDENT OF NO.7, 1ST CROSS, GANGAPPA BLOCK, GANGANAGAR, BENGALURU-560 032.

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…RESPONDENTS

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(BY SRI. HARISH K N, GOVERNMENT ADVOCATE FOR R1 & R2; SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL FOR SRI. VARUN J PATIL, ADVOCATE FOR R3 TO R6)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN SI. NO.DRB-1/SA. SAM/DOORU/102/2023-24 ON THE FILE OF THE 2ND RESPONDENT AND ETC.

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NC: 2024:KHC:33658 WP No. 15076 of 2024

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioners challenge the order dated 30.4.2024 passed by respondent No. 2, by which an application submitted by respondents No. 3 to 6 for the renewal of the Managing Committee of M/s. Kishore Vidyaniketan Society under Section 13 of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as Act, 1960) was accepted.

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The petitioners submitted objections to the application for renewal, asserting that the respondents No. 3 to 6 had ceased to be members of the Society. Respondent No. 1, after conducting an inquiry, rejected the petitioners' objections, stating that the petitioners failed to produce supporting documents to substantiate their claim regarding the addition of four new members to the Managing Committee. Consequently, respondent No. 1 allowed the application submitted by respondents No. 3 to 6 and rejected the petitioners' application.

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Heard the learned counsel for the petitioners and the learned counsel for respondents No. 3 to 6.

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In similar circumstances, this Court in Nanjundaswamy v. The District Registrar of Societies and Deputy Registrar of Cooperative Societies, Gulbarga District, Gulbarga and others (2010) 4 Kant.LJ 350, ruled that the audited accounts filed by the

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NC: 2024:KHC:33658 WP No. 15076 of 2024

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applicant do not become final upon their acceptance or rejection. The requirement under Section 13 is only to file with the Registrar a list of the names, addresses, and occupations of the governing body, along with a copy of the balance sheet and income and expenditure account. The Court further ruled that the Registrar's decision does not become final, and the matter may be brought before a competent Court to determine the members of the governing body. This Court, exercising its writ jurisdiction, cannot entertain disputed questions of fact, which should be addressed before the jurisdictional Civil Court. Accordingly, the petition stands disposed of, reserving the petitioners' liberty to agitate their rights before the jurisdictional Civil Court.

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The interim order granted by this Court shall remain in force for a period of three weeks from today.

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All contentions of the parties are kept open.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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BKM

Sri Ramesh Nagaraju v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Ramesh Nagaraju v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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