- 1 - HC-KAR NC: 2025:KHC-D:11919 WP No. 106771 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106771 OF 2025 (GM-KSR) BETWEEN: BOMBAY DIOCEASAN TRUST ASSOCIATION PVT. LTD., R/BY RES. DIRECTOR AND ITS AUTHORIZED REPRESETATIVE, COL. ALLEN S/O. MOHAN GNYANAKAN, AGE 84 YEARS OCC PENSIONER R/O SADASHIV NAGAR BELAGAVI-590010 . …PETITIONER (BY SRI. SHREEVATSA HEGDE AND SRI. SOURABH HEGDE., ADVOCATES) AND: 1. THE DEPUTY - REGISTRAR OF CO-OPERATIVE SOCIETIES DHARWAD, M D PATRAVALI BUILDING, 7TH CROSS MALMADDI, DHARWAD-580001 2. ST. ANDREWS EDUCATION SOCIETY REPRESENTED BY ITS CHAIRMAN MR OLIVAR AIMAN KESHWAPUR, HUBBALLI-580023 …RESPONDENTS (BY SRI. T. HANUMAREDDY., AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO HOLD Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11919 WP No. 106771 of 2025 AN ENQUIRY STRICTLY IN TERMS OF SECTION 25 OF THE KARNATAKA SOCIETIES REGISTRATION ACT, 1961 BY AFFORDING SUFFICIENT OPPORTUNITY TO THE PETITIONER TO ASSERT IT S RIGHTS AND FURTHER DIRECTION TO DESIST FROM CONFERRING RECOGNITION TO ANYONE TO THE BOARD ST.ANDREW S SOCIETY IN TERMS OF THE ORDER PASSED BY THIS HON BLE COURT VIDE ANNEXURE-A AND C SINCE THE SOCIETY IS DEEMED TO HAVE BEEN DISSOLVED WITH THE ASSERTION OF INDEPENDENT RIGHTS BY THE PETITIONER AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent No.1. Notice to respondent No.2 dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of mandamus directing the Respondent No.1 to hold on enquiry strictly in terms of Section 25 of The Karnataka Societies Registration Act, 1961 by affording sufficient opportunity to the petitioner to assert it’s right and further direction to desist from conferring recognition to anyone to the board St.Andrew’s Society in terms of the order passed by the Hon’ble Court vide Annexure-A & - 3 - HC-KAR NC: 2025:KHC-D:11919 WP No. 106771 of 2025 C since the society is deemed to have been dissolved with the assertion of independent rights by the petitioner. ii. Any other order as may be deemed necessary. 3. A short grievance of the petitioner is that respondent No.1 is likely to pass an order under Section 25 Karnataka Societies Registration Act, 1961 (for short herein after referred to as “KSR Act, 1961”) without affording an opportunity to the petitioner to make his submission before respondent No.1. 4. Such an apprehension in my considered opinion is premature and lacks merit. Respondent No.1 being a responsible officer is expected to follow the applicable law and procedure and when such rights under Section 25 of the KSR Act, 1961 are being exercised, it would but be necessary for respondent No.1 to provide necessary opportunity to the petitioner. - 4 - HC-KAR NC: 2025:KHC-D:11919 WP No. 106771 of 2025 5. If at all, the same is not adhered to by respondent No.1, the petitioner could always challenge the same in an appropriate proceedings. 6. In that view of the matter, the above petition is disposed placing on record the expectation of this Court that respondent No.1 shall follow the due process of law. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 4 Sl No.: 1