Sri Venkataramana Swamy Vs the State of Karnataka

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NC: 2025:KHC:5263 WP No. 2457 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2457 OF 2025 (GM-KSR)

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BETWEEN:

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SRI VENKATARAMANA SWAMY VIDYAVARDHAKA SANGHA R VIDYAGIRI BANTWAL-574211 (DK), REPRESENTED BY ITS JOINT SECRETARY, SRI. K. PRAKASH SHENOY, S/O LATE K. SURENDRA SHENOY, AGED ABOUT 46 YEARS.

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…PETITIONER

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(BY SRI. M SUDHAKAR PAI., ADVOCATE)

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AND:

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Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA DEPARTMENT OF COOPERATION, GATE NO.3, 6^TH FLOOR, M.S. BUILDING BENGALURU-560 001. REP. BY ITS PRINCIPAL SECRETARY.

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THE REGISTRAR OF SOCIETIES AND THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCITIES, DAKSHINA KANNADA DISTRICT, JANATHA BAZAR BUILDING,

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NC: 2025:KHC:5263 WP No. 2457 of 2025

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1^ST FLOOR, G.H.S. ROAD, MANGALURU-575001 (DK)

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…RESPONDENTS

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(BY SRI.SESHU V., HCGP FOR R1 AND R2; SRI. N.RAVINDRANATH KAMATH, SENIOR COUNSEL FOR PROPOSED IMPLEADING APPLICANTS THROUGH V.C.)

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THIS WRIT PETITION IS FILED UNDER ARTILCES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT II RESPONDENT- THE REGISTRAR OF SOCIETIES AND THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, DAKSHINA KANNADA DISTRICT, MANGALURU -575001 (DK) TO FORTHWITH RENEW THE REGISTRATION OF THE PETITONER SANGHA, PURSUANT TO ITS REPRESENTATION DTD. 26.11.2024 (VIDE ANNX-C TO W.P.) AND ALSO REPRESENTATION DTD. 09.12.2024 (VIDE ANNX-F TO W.P.)

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS

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ORAL ORDER

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The petitioner, a Sangha registered under the provisions of the Karnataka Societies Registration Act, 1960, is before this Court seeking necessary directions to the 2^nd respondent-The Registrar of Societies and the

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3 - NC: 2025:KHC:5263 WP No. 2457 of 2025

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Deputy Registrar of Co-operative Societies, Dakshina Kannada District, Mangaluru or the competent authority to consider the representation dated 26.11.2024 at Annexure-C and representation dated 09.12.2024 at Annexure-F.

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Learned Counsel for the petitioner submits that in terms of Section 13 of the Karnataka Societies Act, 1960 (hereinafter referred to as ‘the Act’, for short), the Society is required to file with the Registrar a list of the names, addresses and occupation of the members of the Governing Body then entrusted with the management of the affairs of the society along with a copy of the Balance Sheet and Income and Expenditure Audited Account. Accordingly, a representation has been given for the consideration of the competent authority. However, no orders have been passed by the competent authority till date. Therefore, learned Counsel submits that appropriate directions may be issued to the 2^nd respondent to consider the representation and pass necessary orders in terms of

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NC: 2025:KHC:5263 WP No. 2457 of 2025

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Section 13 of the Act. Learned Counsel submits that in

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the prayer column, it is wrongly stated that the representation is given for renewal of registration of the Society instead of praying for consideration of the application given in terms of Section 13 of the Act.

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Learned Senior Counsel Sri.N.Ravindranath Kamath, who is appearing through video conference, seeks to submit that his clients are intending to file an impleading application in the present writ petition and therefore, the matter should be adjourned. Learned Senior Counsel submits that the petitioner himself has furnished a copy of an order passed by the Hon’ble Division Bench in W.A.No.1412/2023 and connected matters, where the Hon’ble Division Bench has set aside the report dated 28.06.2022 in Enquiry No.1/2022-23 with a further direction to the Enquiry Officer to afford sufficient

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opportunity to the parties and thereafter proceed to submit Report. Learned Senior Counsel submits that the enquiry was initiated at the behest of his clients and

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NC: 2025:KHC:5263 WP No. 2457 of 2025

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therefore, all further action pursuant to such directions issued by the Hon’ble Division Bench has to await the conclusion of the enquiry before the competent authority.

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Having heard the learned Counsel for the petitioner, learned Senior Counsel, learned Additional Government Advocate and on perusing the petition papers, this Court is of the considered opinion that the enquiry initiated under Section 25 of the Act has nothing to do with the submission of the information at the hands of the Society in terms of Section 13 of the Act. Even otherwise, any aggrieved member of the Society may raise objections even to the application filed by the petitioner under Section 13 of the Act.

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Therefore, the writ petition stands disposed of with a direction to the 2^nd respondent-Deputy Registrar of Co-operative Societies, to consider the representations dated 26.11.2024 and 09.12.2024 at Annexures ‘C’ and

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‘F’, respectively and pass necessary orders in terms of Section 13 of the Act, as expeditiously as possible and at

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NC: 2025:KHC:5263 WP No. 2457 of 2025

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any rate within a period of four weeks from the date of receipt of a copy of this order.

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Needless to observe that if any objections are received at the hands of any aggrieved member of the Society, the same can also be considered by the 2^nd respondent while considering representations given by the petitioner.

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Sd/(R DEVDAS) JUDGE

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DL

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CT: JL

Sri Venkataramana Swamy v. the State of Karnataka

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Sri Venkataramana Swamy v. the State of Karnataka

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