- 1 - HC-KAR NC: 2025:KHC-D:17925 WP No. 102033 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102033 OF 2017 (CS-BL) BETWEEN: SHIVANAND S/O. MAHADEVAPPA WADDATTI, AGE: 42 YEARS, OCC: ADVOCATE, R/O. TIMMASAGAR ONI, NEAR DHAKAPPA CIRCLE, HUBBALLI-5800028 DIST: DHARWAD, TQ: HUBBALLI. … PETITIONER (BY SRI. GIRISH V. BHAT & SRI. SANTOSH NARAGUND, ADVOCATES) AND: 1. THE SOCIAL CLUB, HUBBALLI CLUB ROAD, HUBBALLI BY ITS SECRETARY. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY & REGISTAR OF SOCIETIES M.D. PATRAVTI BUILDING, 7TH CROSS, MALMADDI, (NEAR RAILWAY STATION) DHARWAD. … RESPONDENTS (BY SMT. NANDINI SOMAPUR, AGA FOR R2; SRI. S. H. MITTALKOD, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR OTHER ORDER OR AN APPROPRIATE DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE AMENDMENT TO BYELAW NO. 5(F) VIDE ANNEXURE-F, OF THE FIRST RESPONDENT CLUB DATED 16.05.2009 AS ILLEGAL AND UNCONSTITUTIONAL AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Date: 2025.12.11 16:39:15 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17925 WP No. 102033 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following reliefs: 1) Issue a writ or other order or an appropriate direction in the nature of certiorari to quash the amendment to byelaw no. 5(f) vide Annexure-F, of the first respondent club dated 16.05.2009 as illegal and unconstitutional. 2) Issue a writ or other order or an appropriate direction in the nature of certiorari to quash the amendment to byelaw no. 41(1) dated 16.05.2009 at Annexure-Fas illegal ultra virus and void abinitio. 3) Issue a writ or other order or an appropriate direction in the nature of certiorari to quash the amendment to byelaw no. 6(B) (a) as illegal vide Annexure-E, to the writ petition. 4) Issue a writ or other appropriate order in a nature of mandamus directing the respondent no. 2 to take immediate appropriate action on the enquiry report dated 18.04.2013 at Annexure-J to the writ petition. 5) Issue a writ or other appropriate order in a nature of mandamus directing the respondent no. 1 to consider the membership application dated 02.01.2017 at Annexure-Q, to the writ petition. 6) Pass such other appropriate orders and grant such other reliefs deemed fit, and proper in the circumstances of the case in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC-D:17925 WP No. 102033 of 2017 2. A perusal at the prayer would admittedly indicate that the petitioner is calling in question a bye-law of Social Club, Hubballi, which admittedly is a private Club and a bye-law of the private club can hardly be called in question before this Court invoking its jurisdiction under Article 226 of the Constitution of India. Therefore, since a private bye-law of a private club is being questioned by the petitioner, the petition wanting in maintainability stands rejected Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 13