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2025 DAILYLAW 44907 (KAR)

SHRI KUMARESHWARA VIDYAVARDHAKA v. THE DISTRICT REGISTRAR AND

WP/101233/2025 · 2025-03-04

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4170 WP No. 101233 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101233 OF 2025 (GM-KSR) BETWEEN: 1. SHRI. KUMARESHWARA VIDYAVARDHAKA SANGHA BIDARI, TQ: JAMKHANDI, DIST: BAGALKOTE, R/BY ITS SECRETARY, SRI. BASAVARAJ S/O MELAPPA SAVAKAR, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: BIDARI. 2. SRI. BASAVARAJ S/O APPAYYA SANKARATTIMATH, AGE: 54 YEARS, OCC: AGRICULTURE. 3. SRI. VITTAL S/O PANDEPPA HUNASHIKATTI, AGE: 60 YEARS, OCC: AGRICULTURE. 4. SRI. SUBHAS S/O DUNDAPPA SAVAKAR, AGE: 56 YEARS, OCC: AGRICULTURE. 5. SRI. VENKAPPA S/O SANGAPPA YADAWAD, AGE: 79 YEARS, OCC: AGRICULTURE. 6. SRI. SHIVAPUTRAPPA SOMALINGAPPA KUDACHI (KANTI), AGE: 61 YEARS, OCC: AGRICULTURE. 7. SRI. LAXMAN S/O KESHAV GUMASTADESAI, AGE: 70 YEARS, OCC: AGRICULTURE. 8. SRI. HAJISAB IMAMSAB TAMBOLI, AGE: 55 YEARS, OCC: AGRICULTURE. 9. SRI. HOWDAPPA S/O BASAPPA ODEYAR, AGE: 41 YEARS, OCC: AGRICULTURE, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4170 WP No. 101233 of 2025 10. SRI. SAGAR S/O NANDEPPA TUNGALA, AGE: 32 YEARS, OCC: AGRICULTURE. 11. SRI. BHIMAPPA SADASHIVA HARIJAN @ SINGE, AGE: 53 YEARS, OCC: AGRICULTURE. ALL ARE R/O: BIDARI, TQ: JAMKHANDI, DIST: BAGALKOTE-587 101. … PETITIONERS (BY SRI. F.V.PATIL AND SRI. NANDISH PATIL., ADVOCATES) AND: THE DISTRICT REGISTRAR AND REGISTRAR OF SOCIETIES, BAGALKOTE, TQ: AND DIST: BAGALKOTE-587 101. … RESPONDENT (BY SRI. PRAVEEN.K.UPPAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.F.V.Patil., counsel on behalf of Sri.Nandish Patil., for the petitioners and Sri.Praveen K.Uppar., AGA for the respondent have appeared in person. 2. Though the petition is listed today for preliminary hearing, it is heard finally. - 3 - NC: 2025:KHC-D:4170 WP No. 101233 of 2025 3. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondent to consider the representation of the petitioners dated 15.02.2025 vide Annexure-C and to complete the process of enrolment of new members in terms of the order passed by this Hon’ble Court dated 08.01.2025 in WP.No.114372/2015 vide Annexure-B. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with utmost care. 5. The first petitioner – Shri.Kumareshwara Vidyavardhaka Sangha Bidari is a society registered under the Karnataka Societies Registration Act, 1960. It is pivotal to note that the writ petition was filed before this Court in W.P.No.114372/2015 back in the year 2015 and the first petitioner was the second respondent in W.P.No.114372/2015. This Court vide order dated 08.01.2025 disposed of the writ petition with the observation as under: “(a) The petition stands disposed of directing the first respondent, within four [4] weeks from the date of receipt of a certified copy of this order, to cause - 4 - NC: 2025:KHC-D:4170 WP No. 101233 of 2025 publication of notice within the premise of the office of the jurisdictional Tahsildar for enrollment of new members according to the society’s bye law. (b) The first respondent, upon such notice, shall consider the applications received and enroll those who are eligible in terms of the Society’s bye laws and declare calendar of events and complete the due process by 31.05.2025.” 6. It is not in dispute that there was a specific direction to felicitate the enrollment of the new members within four weeks as per the society’s bye laws. However, the respondent has not complied the same. Hence, the petitioners are before this Court seeking a Mandamus directing the respondent to complete the process of enrolment of new members in terms of the order passed in W.P.No.114372/2015 disposed of on 08.01.2025. The order passed in W.P.No.114372/2015 is furnished along with the writ petition and the same is marked as Annexure-B. A perusal of the same would reflect that there is a specific direction to complete the enrolment of new members within a period of 4 weeks. Hence, - 5 - NC: 2025:KHC-D:4170 WP No. 101233 of 2025 this Court deems it proper to accord the relief to the petitioners as sought in the writ petition. 7. The Writ Petition is allowed. A Mandamus is ordered directing the respondent to consider the representation of the petitioners dated 15.02.2025 vide Annexure-C and to complete the process of enrolment of new members in terms of the order passed by this Court in W.P.No.114372/2015 disposed of on 08.01.2025 within a period of two weeks from the receipt of certified copy of this order. Sd/- (JYOTI MULIMANI) JUDGE MRP,RH LIST NO.: 1 SL NO.: 34