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2025 DAILYLAW 50964 (KAR)

KULALA GUNDA BRAMHARAYA v. STATE OF KARNATAKA

WP/38528/2025 · 2025-12-19

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54722 WP No. 38528 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 38528 OF 2025 (GM-KSR) BETWEEN: KULALA GUNDA BRAMHARAYA (KUMBARA) SANGHA (R) REGISTRATION NO S-691/49-50 NO. 77, K-38, D.BANUMAIAH ROAD K.R.MOHALLA, MYSORE -570024. REPRESENTED BY ITS SECRETARY SRI. T.L.NAGARAJU S/O LATE LINGASHETTY AGED ABOUT 56 YEARS R/AT NO 210, 2ND B MAIN ROAD GOKULAM 2ND STAGE MYSORE- 570002. &PETITIONER (BY SRI. SAGAR B B., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIETIES M.S BUILDING, BANGALORE- 560001 REP. BY ITS SECRETARY. 2. THE DISTRICT REGISTRAR DISTRICT REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DISTRICT, MYSURU-570004. 3. THE COMMISSIONER OF POLICE MYSURU CITY,MYSURU KARNATAKA- 570010. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54722 WP No. 38528 of 2025 4. SRI. H.S PRAKASH S/O LATE SIDDASHETTY AGED ABOUT 54 YEARS OCC BUSINESS R/AT NO. 11, 9TH CROSS N.B.I ROAD, HEBBAL 1ST PHASE MYSURU- 570016. 5. SRI. K.P VENKATESH S/O LATE K.T PUTTASHETTY AGED ABOUT 73 YEARS OCC RETIRED WORKER R/AT NO. 550, AHIMSAMARGA SIDDARTHANAGARA MYSURU-570011. 6. SRI. K.R SOMASHEKARA S/O LATE RAMASHETTY AGED ABOUT 46 YEARS, OCC PRIVATE EMPLOYEE R/AT NO. 362, 6TH MAIN 10TH CROSS, SRISHARADHANAGARA MYSURU- 570026. 7. SRI. BALAKRISHNA S/O VENKATESHSHETTY AGED ABOUT 50 YEARS OCC PRIVATE EMPLOYEE R/AT NO. 507, ILAVALA MYSURU-570001. 8. SRI. N VASUDEVAMURTHY OCC BUSINESS S/O LATE D. NANJUNDAPPA AGED ABOUT 62 YEARS R/AT NO. 35/B, VINAYAMARGA SIDDARTHANAGARA, MYSURU- 570011. 9. SRI. M MARASHETTY S/O LATE MARASHETTY AGED ABOUT 73 YEARS OCC AGRICULTURE R/AT NO. 237, 3RD CROSS - 3 - HC-KAR NC: 2025:KHC:54722 WP No. 38528 of 2025 4TH PHASE, VIJAYANAGARA MYSURU- 570032. 10. SRI. D.RAMASHETTY S/O LATE DASASHETTY AGED ABOUT 50 YEARS OCC CONTRACTOR R/AT NO. 125, SHIMSHAMARGA 1ST PHASE, NANDINI LAYOUT ALANAHALLI, MYSURU- 570028. 11. SRI. V CHANDRASHEKAR S/O LATE VENKATAPPA AGED ABOUT 73 YEARS OCC RETIRED EMPLOYEE R/AT NO.65, NANDINI LAYOUT ALANAHALLI, MYSURU- 570028. 12. SMT. M.P VARSHA D/O. LATE PUTTASHETTY AGED ABOUT 51 YEARS OCC MANAGER TRUSTEE CREDIT I ORGANIZATION R/AT NO. 195, AVVA, 3RD CROSS 4TH PHASE, GOWRISHANKARANAGARA MYSURU-570 025. 13. SMT. RENUKAMBA. C W/O. SRINIVASAYYA AGED ABOUT 61 YEARS OCC PRESIDENT OF CONSUMER COURT R/AT NO. 11984, 4TH WARD VIJAYANAGARA, 2ND PHASE MYSURU-570 032. 14. SRI. T. S. CHANDRASHEKAR S/O. SHIVARUDRASWAMY AGED ABOUT 49 YEARS OCC CONTRACTOR R/AT NO. 9, HOSAKURUBARARA BEEDI TALAKAADU POST, T. NARSIPURA TALUK MYSURU DISTRICT-571 124. - 4 - HC-KAR NC: 2025:KHC:54722 WP No. 38528 of 2025 15. SRI. VISHVESHWARA S/O. LATE T. GOVINDAYYA AGED ABOUT 59 YEARS OCC GOVERNMENT EMPLOYEE R/AT NO. 95, KALAMMANAGUDI STREET MANDIMOHALLA, MYSURU-570 001. 16. SRI. SANNASHETTY S/O. LATE MAADHASHETTY AGED ABOUT 62 YEARS OCC AGRICULTURE R/AT NO. 55, EX- GURUVANAPURA ANAGODU HOBLI, HUNASURU TALUK MYSURU DISTRICT- 570008. 17. SRI. VISHNUVARDHAN S/O THIMMASHETTY AGED ABOUT 42 YEARS OCC AGRICULTURE R/AT TIPPURU, K.R NAGARA TALUK MYSURU DISTRICT- 571602. 18. SRI. GOVINDHARAJU S/O V. CHALUVA YARAHALLI AGED ABOUT 51 YEARS OCC SOLAR BUSINESS HAND POST, H.D KOTE TALUK MYSURU DISTRICT- 571114. 19. SRI. R SRINIVASA AGED ABOUT 62 YEARS FOUNDER PRESIDENT OF KARNATAKA RAJYA KUMBARARA SARKARI NOUKARA KSHEMAHIVRUDHI SANGHA (R) NO. 26/2024, MURENAHALLI SARASWATINAGARA, 7TH CROSS VIJAYANAGARA, BENGALURU- 560040. 20. SRI. BABU S KUMBAR AGED ABOUT 55 YEARS PRESIDENT OF KARNATAKA RAJYA KUMBARARA SARKARI NOUKARA KSHEMAHIVRUDHI SANGHA (R) NO. 26/2024, MURENAHALLI - 5 - HC-KAR NC: 2025:KHC:54722 WP No. 38528 of 2025 SARASWATINAGARA, 7TH CROSS VIJAYANAGARA, BENGALURU- 560040. 21. SRI. GURURAJ AGED ABOUT 62 YEARS HONORARY PRESIDENT OF KARNATAKA RAJYA KUMBARARA SARKARI NOUKARA KSHEMAHIVRUDHI SANGHA (R) NO. 26/2024, MURENAHALLI SARASWATINAGARA, 7TH CROSS VIJAYANAGARA, BENGALURU- 560040 &RESPONDENTS (BY SRI. RAVINDRANATH, AGA FOR R1 TO R3: NOTICE TO R4 TO R21 ARE DISPENSED WITH V/O DATED: 19.12.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO CONSIDER THE REPRESENTATION NO:32/2025-26 DATED 05/12/2025 AND NO: DOORE/31/2025-26 DATED 10.12.2015 VIDE ANNEXURE-P AND P1 IN THE INTERESET OF JUSTICE AND EQUITY IN SO FAR AS PETITIONER IS CONCERNEDAND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents No.1 to 3. 2. A memo filed by learned counsel for the petitioner for the dispensation of notice to respondents No.4 to 21. is allowed. Notice to respondents No.4 to 21 is dispensed with at the sole risk cost and peril of the petitioner. - 6 - HC-KAR NC: 2025:KHC:54722 WP No. 38528 of 2025 3. The petitioner is before this Court seeking for the following reliefs: i. Issue 20 Writ of Mandamus directing the 22nd-26. respondent to consider the representation NO:32/2025-26 DATED 05/12/2025 AND NO: DOORE/31/2025-26 DATED 10.12.2015 vide Annexure P and P1 in 2 the interest of justice and equity in so far as petitioner is concerned. ii. Pass such other orders as this Honorable Court may deem fit in view of the facts and circumstances of the case including the award of costs in the interest of justice and equity. 4. The grievance of the petitioner is that the representations submitted by the petitioner on 05.12.2025 and 10.12.2025 at Annexure-P and P1 have not been considered inasmuch as there being one other Association functioning with the same name as that of the petitioner, the other association is pretending to be the petitioner. 5. Whenever any representation has been submitted by a citizen to any authority, it is required that the said Representation be acted upon and necessary orders be passed within a reasonable period of time, either - 7 - HC-KAR NC: 2025:KHC:54722 WP No. 38528 of 2025 accepting or rejecting the Representation submitted, in accordance with law. 6. Needless to say, if an order of rejection is passed, the same would have to be accompanied by reasons. Neither having been done, I pass the following: ORDER i. The writ petition is allowed. ii. A mandamus is issued directing Respondents to consider the Representation of the Petitioner dated 05.12.2025 and 10.12.2025 at Annexure- P and P1 within a period of 15 days from date of receipt of the copy of this order. iii. Although the above petition is disposed of, respondent No. 2 is directed, in the interest of institutional transparency and to prevent recurrence of disputes arising out of the registration of associations bearing identical or deceptively similar names, to place on record a comprehensive report. - 8 - HC-KAR NC: 2025:KHC:54722 WP No. 38528 of 2025 iv. The report shall, inter alia, disclose: (a) the total number of associations registered by respondent No. 2 which bear identical and/or substantially similar names, whether in full or in material part; (b) the criteria, safeguards, and verification mechanisms presently adopted by respondent No. 2 at the stage of registration to ensure that associations with identical or deceptively similar names are not registered; and (c) whether any standard operating procedures, guidelines, or internal instructions exist in this regard and, if so, the manner of their implementation. v. Respondent No. 2 is further directed to forthwith put in place, and strictly enforce, appropriate institutional safeguards, including formulation and implementation of standard operating procedures, so as to ensure that - 9 - HC-KAR NC: 2025:KHC:54722 WP No. 38528 of 2025 henceforth no association is registered with an identical or deceptively similar name to an existing registered association. The report shall specifically set out the measures adopted and the timeline for their effective implementation. vi. The said report shall be duly verified by a responsible officer of respondent No. 2 and shall be filed before this Court on or before 28.01.2026. vii. Re-list on 28.01.2026. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 38