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2025 DAILYLAW 41157 (KAR)

FIRST CIRCLE SOCIEITY v. THE DISTRICT REGISTRAR OF SOCIETIES

WP/38540/2025 · 2025-12-26

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54776 WP No. 38540 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 38540 OF 2025 (GM-KSR) BETWEEN: FIRST CIRCLE SOCIEITY (REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT 1960) REGISTRATION NO. DRB1/SOR/141/2022-23 HAVING ITS REGISTERED OFFICE AT NRK NILAYA, MANJUNATHANAGAR, 1ST MAIN, 1ST CROSS, NEAR GOVT. SCHOOL, NAGASANDRA POST, BENGALURU- 560073. REPRESENTED BY ITS FOUNDER AND PRESIDENT. SRI NANDEESH S R. …PETITIONER (BY SRI. RAGHU H P., ADVOCATE) AND: 1. THE DISTRICT REGISTRAR OF SOCIETIES 1ST ZONE, BANGALORE URBAN DISTRICT, NO. 146, SAHAKARA SOUDHA, 8TH CROSS, 3RD MAIN ROAD, MARGOSA ROAD, MALLESHWARAM, BANGALORE- 560003. 2. SRI AMARESH M AGED MAJOR, OCC BUSINESS, NO.24/A-1, 1ST MAIN, SWEET HOMES LAYOUT, MYLASANDRA, R R NAGAR, BANGALORE- 560060. 3. SMT SHILPA GOWDA B Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54776 WP No. 38540 of 2025 W/O SRI JAYARAM RAIPUR, AGED MAJOR, OCC BUSINESS, R/AT HIG-439, 8TH CROSS, R M V II STAGE, BENGALURU 560094. 4. SRI CHANDRAPPA B C AGED MAJOR, OCC BUSINESS (CLAIMING TO BE MEMBER) NO. 257, 5TH MAIN, D GROUP LAYOUT, SRIGANDHAKAVAL, VISHWANEEDAM, BANGALORE- 560091. 5. SMT HEMA MADAN AGED MAJOR, OCC BUSINESS, NO. 156, LABAJNA LANE, CHAMARAJAPURAM, MYSORE 570005. 6. SRI MADHURAJ K D AGED MAJOR, OCC BUSINESS, NO. 22, KAVERI, 6TH MAIN, T G EXTENSION, HOSKOTE, BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SRI. KIRAN KUMAR, HCGP FOR R1; SRI. PATIL KALYAN RAO SHANKER RAO, ADVOCATE FOR R2 TO 6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER NO.DRB.1/SOC/COMPLAINT 98/2025-26 DATED 28/11/2025 AS PER ANNEXURE-A PASSED BY THE R1, AS BEING ILLEGAL, ARBITRARY, VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE, AND WITHOUT JURISDICTION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:54776 WP No. 38540 of 2025 ORAL ORDER The present writ petition is filed seeking for the following reliefs : "a. Issue a Writ in the nature of Certiorari or any other appropriate writ, order, or direction quashing the Order No. DRB-1/SOC/Complaint 98/2025-26 dated 28/11/2025 (PÀæ.¸ÀA.rDjâ-1/¸À¸ÀA/zÀÆgÀÄ 98/2025-26) as per Annexure-A passed by the 1st Respondent, as being illegal, arbitrary, violative of principles of natural justice, and without jurisdiction. b. Pass such other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the case, including an order as to costs, in the interest of justice and equity." 2. The present writ petition is filed calling in question the order dated 28.11.2025 passed by Respondent No.1-District Registrar of Societies (Annexure-A to the writ petition). 3. The primary contention put forth by the petitioner is that, he was not notified of the proceedings before Respondent No.1 and hence, he did not have an opportunity to contest such - 4 - HC-KAR NC: 2025:KHC:54776 WP No. 38540 of 2025 proceedings which has culminated in the Order dated 28.11.2025. 4. Learned counsel for the respondents vehemently contests the present petition and submits that, attempts to serve the petitioner have been futile and he is deliberately avoiding service of any notice. Various instances have been sought to be pointed out in support of the said contention. 5. Notwithstanding the rival contentions put forth by both the parties, it is clear that, the petitioner did not have an opportunity to contest proceedings before the respondent No.1, which has culminated in the Order dated 28.11.2025. In view of the fact that the impugned order dated 28.11.2025 adversely affects the interest of the petitioner, it is expedient that, the petitioner be afforded an opportunity to contest the same. 6. In view of the aforementioned, the order bearing No. DRB.1/SOC/COMPLAINT 98/2025-26 dated 28.11.2025 passed by respondent No.1 is set aside. - 5 - HC-KAR NC: 2025:KHC:54776 WP No. 38540 of 2025 7. The petitioner shall appear before respondent No.1 on 12.01.2026 without the requirement of any further notice being issued in this regard. Pursuant to the appearance of the petitioner, the respondent No.1 shall conduct further proceedings in accordance with law. 8. All rights and contentions of the parties on the merits of the matter are kept open. 9. The petition is disposed of accordingly. Sd/- (C.M. POONACHA) JUDGE rs List No.: 1 Sl No.: 89