SRI CHITRALINGESWARA VIDYA SAMSTHE v. STATE OF KARNATAKA
WP/2208/2021 · 2025-11-26
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39947 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39947 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49032 WP No. 2208 of 2021 C/W WP No. 7513 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 2208 OF 2021 (GM-KSR) C/W WRIT PETITION NO. 7513 OF 2022 (GM-KSR)
IN WP No. 2208/2021 BETWEEN:
SRI CHITRALINGESWARA VIDYA SAMSTHE TALALURU, ARASIKERE TALUK HASSAN DISTRICT, REPRESENTED BY ITS SECREATARY V NAGHARAJU, S/O VARADAIAH, AGED ABOUT 47 YEARS, R/AT CHOWLAKATTE VILLAGE HANDANAKERE HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT 572214. …PETITIONER (BY SRI. DAYANANDA HIREMATH., ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO THE DEPARTMENT OF CO-OPERATIVE M S BUILDING, BENGALURU - 560001. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49032 WP No. 2208 of 2021 C/W WP No. 7513 of 2022
2. THE DISTRICT REGISTRAR REGISTRAR OF SOCIETIES, NEAR BASAVESWARA WEDDING HALL HASSAN DISTRICT HASSAN 573201. 3. NAGARAJU S/O THIMMAIAH, AGED ABOUT 55 YEARS, R/AT CHOWLAKATTE VILLAGE HANDANAKERE HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT 572214 …RESPONDENTS (BY SRI.MAHANTESH SHETTAR., AGA FOR R1 & R2 SMT. ARATHI.B., ADVOCATE FOR SMT. VIDYA SELVAMANY., ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2 DTD.22.7.2020 VIDE ANENXURE-E AND DIRECT THE R-2 TO ACCEPT THE RETURNS FILED BY THE PETITIONERSGRANT AN INTERIM ORDER TO STAY THE ORDER PASSED BY THE R-2 DTD.22.7.2020 VIDE ANNEXURE-E TILL THE DISPOSAL OF THIS W.P.
IN WP NO. 7513/2022 BETWEEN:
SRI CHITRALINGESWARA VIDYA SMASTHE TALALURU, ARASIKERE TQ HASSAN DISTRICT REP BY ITS SECRETARY V NAGARAJU
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HC-KAR NC: 2025:KHC:49032 WP No. 2208 of 2021 C/W WP No. 7513 of 2022
S/O POOJARY THIMMAIHA AGED ABOUT 56 YEARS R/AT CHOWLAKATTE VILLAGE HANDANEKRE HOBLI CHIKKANAYAKANAHALLI TQ TUMAKURU DIST - 572014 ...PETITIONER (BY SMT. ARATHI B., ADVOCATE FOR SMT. VIDYA SELVAMANY., ADVOCATE) AND:
1. STATE OF KARNATAKA REP BY ITS SECRETARY TO THE DEPT OF CO-OPRERATIVE M S BUIDLING BENGALURU 560001. 2. THE DISTRICT REGISTRAR REGISTRAR OF SOCIETIES NEAR BASAVESHARA WEDDNG HALL HASSAN DISTRICT HASSAN 573201. 3. NAGARAJU S/O VARADAIAH AGED 46 YEARS R/AT CHOWLAKATTE VILLAGE HANDANAKERE HOBLI CHIKKANAYAKANAHALLI TQ TUMAKURU DISTRICT- 572214 ...RESPONDENTS (BY SRI.MAHANTESH SHETTAR., AGA FOR R1 & R2 SRI.
DAYANAND HIREMATH., ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
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HC-KAR NC: 2025:KHC:49032 WP No. 2208 of 2021 C/W WP No. 7513 of 2022
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY TE R2 DATED 28.01.2022 AS PER ANNEXUE-FGRANT AN INTERIM ORDER TO STAY THE ORDER PASSED BY THE R2 DATED 28.01.2022 VIDE ANNEXURE-F.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. In these writ petitions, the question is with regard to administration of the petitioner-Society wherein there is a dispute with regard to the office bearers of the Governing Council of the petitioner-Society. It is also forthcoming from the records that there are three suits viz., O.S.Nos.460/2015, 249/2012 and 53/2014 which are inter se between the parties relating to the post of Governing Council of the petitioner-Society is concerned. It is also to be noted that this Court in W.P.No.48185/2018
disposed of on 17.03.2023, at paragraph No.6 has held as follows:
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HC-KAR NC: 2025:KHC:49032 WP No. 2208 of 2021 C/W WP No. 7513 of 2022
"6. It is firstly seen that writ petition is dismissed as abated against respondent no.6, who would be main contesting party. That apart, five years have lapsed during pendency of this writ petition. As submitted by learned HCGP, in meanwhile, terms of Managing Committee has expired and question of legitimacy of Managing Committee would be subject matter in pending suit, therefore, writ petition would not survive for consideration."
2. Heard Sri Dayananda Hiremath and Smt.Arathi B, on behalf of Smt.Vidya Selvamany learned Counsels for the respective parties and Sri Mahantesh Shettar, learned Additional Government Advocate, for the respondents.
3. Having taken note of the factual aspects on record that as the rights of the parties is to be crystallized before the competent Civil Court with regard to administration/affairs of the petitioner is concerned, I am of the view that no interference is called for in these writ petitions. It is to be noted that the parties have to establish their right in respect of the membership/office bearers of the petitioner-Society in a manner known to
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HC-KAR NC: 2025:KHC:49032 WP No. 2208 of 2021 C/W WP No. 7513 of 2022
law. In the event if the aforementioned suits are disposed of as argued by the learned Counsel appearing for the petitioner in W.P.No.7513/2022, it is for the office bearers to establish their rights in the Civil Court in respect of the petitioner-Society.
4. With these observations, the writ petitions are
disposed of.
Sd/- (E.S.INDIRESH) JUDGE
JT/- CT: JL