Dismissed¶¶37

Shivanand S/O Mahadevappa Waddatti v. the Social Club Hubballi

Karnataka HC11 Dec 2025WP/102033/2017

Case brief

AI extract

What is this about?

Maintainability of writ petition against private club bye-laws; Social Club, Hubballi; byelaw amendments dated 16.05.2009 (Annexures-E and F); certiorari and mandamus prayers; petition rejected as not maintainable under Article 226; single judge M. Nagaprasanna; decided 11-12-2025; WP No. 102033 of 2017 (CS-BL); High Court of Karnataka, Dharwad.

What did the court decide?

A bye-law of a private club can hardly be called in question under Article 226 of the Constitution of India; since the petitioner questions a private bye-law of a private club, the writ petition is wanting in maintainability and stands rejected. ¶¶37

Shivanand S/O Mahadevappa Waddatti Vs the Social… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:17925 WP No. 102033 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

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DATED THIS THE 11^TH DAY OF DECEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 102033 OF 2017 (CS-BL)

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BETWEEN:

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SHIVANAND S/O. MAHADEVAPPA WADDATTI, AGE: 42 YEARS, OCC: ADVOCATE, R/O. TIMMASAGAR ONI, NEAR DHAKAPPA CIRCLE, HUBBALLI-5800028 DIST: DHARWAD, TQ: HUBBALLI.

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… PETITIONER

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(BY SRI. GIRISH V. BHAT & SRI. SANTOSH NARAGUND, ADVOCATES)

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AND:

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THE SOCIAL CLUB, HUBBALLI CLUB ROAD, HUBBALLI BY ITS SECRETARY.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY & REGISTAR OF SOCIETIES

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RAKESH S HARIHAR

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Digitally signed by RAKESH S HARIHAR Date: 2025.12.11 16:39:15 +0530

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M.D. PATRAVTI BUILDING, 7^TH CROSS, MALMADDI, (NEAR RAILWAY STATION) DHARWAD.

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(BY SMT. NANDINI SOMAPUR, AGA FOR R2; SRI. S. H. MITTALKOD, ADVOCATE FOR R1)

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… RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR OTHER ORDER OR AN APPROPRIATE DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE AMENDMENT TO BYELAW NO. 5(F) VIDE ANNEXURE-F, OF THE FIRST RESPONDENT CLUB DATED 16.05.2009 AS ILLEGAL AND UNCONSTITUTIONAL AND ETC.,

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

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2 - NC: 2025:KHC-D:17925 WP No. 102033 of 2017

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

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The petitioner is before this Court seeking the

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following reliefs:

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1. Issue a writ or other order or an appropriate direction in the nature of certiorari to quash the amendment to byelaw no. 5(f) vide Annexure-F, of the first respondent club dated 16.05.2009 as illegal and unconstitutional.

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1. Issue a writ or other order or an appropriate direction in the nature of certiorari to quash the amendment to byelaw no. 41(1) dated 16.05.2009 at Annexure-Fas illegal ultra virus and void abinitio.

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1. Issue a writ or other order or an appropriate direction in the nature of certiorari to quash the amendment to byelaw no. 6(B) (a) as illegal vide Annexure-E, to the writ petition.

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1. Issue a writ or other appropriate order in a nature of mandamus directing the respondent no. 2 to take immediate appropriate action on the enquiry report dated 18.04.2013 at Annexure-J to the writ petition.

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1. Issue a writ or other appropriate order in a nature of mandamus directing the respondent no. 1 to consider the membership application dated 02.01.2017 at Annexure-Q, to the writ petition.

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1. Pass such other appropriate orders and grant such other reliefs deemed fit, and proper in the circumstances of the case in the interest of justice and equity.

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3 - NC: 2025:KHC-D:17925 WP No. 102033 of 2017

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HC-KAR

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A perusal at the prayer would admittedly indicate

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that the petitioner is calling in question a bye-law of Social Club, Hubballi, which admittedly is a private Club and a bye-law of the private club can hardly be called in question before this Court invoking its jurisdiction under Article 226 of the Constitution of India. Therefore, since a private bye-law of a private club is being questioned by the petitioner, the petition wanting in maintainability stands rejected

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Sd/(M.NAGAPRASANNA) JUDGE

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VNP / CT: ANB List No.: 1 Sl No.: 13

Shivanand S/O Mahadevappa Waddatti v. the Social Club Hubballi

Case brief

What is this about?

What did the court decide?

Shivanand S/O Mahadevappa Waddatti v. the Social Club Hubballi

Case brief

What is this about?

What did the court decide?

What the court decided

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