Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 47190 (KAR)

SHRI GURUSIDDESHWAR VIDHYA VARDHAK SAMSTHE, KALMATH v. THE STATE OF KARNATAKA

WP/102845/2024 · 2025-03-18

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:4923 WP No. 102845 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102845 OF 2024 (GM-KSR) BETWEEN: SHRI. GURUSIDDESHWAR VIDHYA VARDHAK SAMSTHE, KALMATH, KAMPLI-583 132, TQ: KAMPLI, DIST: BALLARI, R/BY ITS SECRETARY, SHRI. V. KOTRESHGOUDA AGE: 60 YEARS, OCC: SECRETARY, R/O: GUTTIGOLLURU VILLAGE-583 113, TQ: KAMPLI, DIST: BALLARI. … PETITIONER (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS UNDER SECRETARY, DEPARTMENT OF CO-OPERATION, ROOM NO.610, 6TH FLOOR, 3RD GATE, M.S. BUILDING, BENGALURU-560 001. 2. THE DISTRICT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE DISTRICT REGISTRAR, BALLARI-583 201, TQ/DIST: BALLARI. … RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4923 WP No. 102845 of 2024 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shriharsh A.Neelopant., counsel for the petitioner and Sri.Praveen K.Uppar., AGA for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the impugned endorsement bearing No. Sakala No: RG014S230000601 dated 19.01.2024 issued by respondent No.2 rejecting the application filed/ submitted by the petitioner vide Annexure-A and issuing a Writ of Mandamus directing respondent No.2 to accept the documents submitted by the petitioner and approve/ register the new committee of the petitioner Trust and permit the petitioner to amend the bye-law. 3. The short facts are these: The petitioner - Shri Gurusiddeshwar Vidhya Vardhak Samsthe, Kalmath, Kampli is a society registered under the provisions of the Karnataka Co-operative Societies Act, 1960. It is formed Trust under the name and style of Shree Kshetra - 3 - NC: 2025:KHC-D:4923 WP No. 102845 of 2024 Kalmath (Virakta Math) Trust, Kampli under the Act. The petitioner conveyed a meeting on 13.08.2020 and passed a resolution with regard to the amendment of the bye-law and dissolution of the earlier committee by forming a new committee. As things stood thus, the petitioner submitted a representation dated 27.01.2023 along with the relevant documents to the second respondent requesting to permit the committee to amend the bye-law and approve the new committee. The second respondent directed the petitioner to upload/ submit the application in Sakal e-portal on 18.12.2023 and also submit all the relevant documents. Accordingly, the petitioner submitted the application. The petitioner once again applied through an e-portal by uploading all the relevant documents. However, the second respondent rejected the request of the petitioner on 19.01.2024. Under these circumstances, the petitioner is before this Court. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. - 4 - NC: 2025:KHC-D:4923 WP No. 102845 of 2024 5. Counsel for the petitioner in presenting his arguments submits that the petitioner made a simple request to permit the committee to amend the byelaw and approve the new committee. However, the same has been denied without giving an opportunity to the petitioner. Counsel argued by saying that reasons are not assigned for the rejection. Counsel, therefore, submits that an appropriate order may be passed. 6. AGA submits that a detailed statement of objections is filed and the same may be taken note of. He justified the action on the party of the second respondent. AGA, therefore, submits the Writ Petition is devoid of merits and the same may be dismissed. 7. The facts are sufficiently stated and they do not require reiteration. The short controversy revolves around the request of the petitioner to permit the committee to amend the bye-law and approve the new committee. The endorsement issued by the second respondent is furnished along with the Writ Petition and the same is marked as Annexure-A. It is dated 19.01.2024. A careful perusal of the same would reflect that the petitioner was not allowed to have its say in the - 5 - NC: 2025:KHC-D:4923 WP No. 102845 of 2024 matter. Moreover, no reasons are assigned for rejecting the request of the petitioner. Hence, this Court deems it appropriate to quash the impugned endorsement. 8. The Writ of Certiorari is ordered. The impugned endorsement bearing No.Sakala No: RG014S230000601 dated 19.01.2024 issued by the second respondent vide Annexure-A is quashed. A direction is issued to the second respondent to consider the request of the petitioner afresh after hearing the petitioner, following the law, within eight weeks from the receipt of a certified copy of this order. 9. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 2 SL NO.: 51