C VENKATESH S/O. LATE OBAYYA v. THE STATE OF KARNATAKA
WP/106246/2025 · 2025-08-29
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65676 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65676 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:10933 WP No. 106246 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106246 OF 2025 (GM-RES) BETWEEN:
C. VENKATESH S/O. LATE OBAYYA AGE. 52 YEARS, OCC. NIL, R/O. 12TH WARD, KASHIMATH BADAWANE, HARAPANAHALLI-583131, TQ. HARAPANAHALLI, DIST. VIJAYANAGARA. …PETITIONER (BY SRI. PRUTHVI K.S., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPT. OF REGISTRATION OF SOCIETIES, M.S. BUILDING DR. AMBEDKAR VEEDHI, BENGALURU 560001.
2.
THE HARAPANAHALLI TOWN RECREATION ASSOCIATION (REGD) HARAPANAHALLI, REP. BY ITS PRESIDENT, CHIDANAND IGOL, AGE. 62 YEARS, R/O. NEAR OLD BUS STAND, HARPANAHALLI-583131, TQ. HARAPANAHALLI, DIST. VIJAYANAGARA.
Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:10933 WP No. 106246 of 2025
3.
THE HARAPANAHALLI TOWN RECREATION ASSOCIATION (REGD) HARAPANAHALLI, REP. BY ITS SECRETARY, T.VASANTHKUMAR, AGE. 57 YEARS, R/O. NEAR OLD BUS STAND, HARAPANAHALLI-583131.
TQ. HARAPANAHALLI, DIST. VIJAYANAGARA. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1;
NOTICE TO R2 & R3 IS DISPENSED WITH) -- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED
ORDER DTD: 9/6/2025 PASSED BY THE RESPONDENT NO.2 AND 3 VIDE ANNEXURE-L, IN THE INTEREST OF JUSTICE AND EQUITY & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accepts notice for respondent No.1. Notice to respondent Nos.2 and 3 is dispensed with in view of the proposed order to be passed.
2. The petitioner is before this Court seeking for the following reliefs:
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HC-KAR NC: 2025:KHC-D:10933 WP No. 106246 of 2025
A. Issue a Writ in the nature of Certiorari by quashing the impugned order dtd: 9/6/2025 passed by the Respondent No.2 and 3 vide ANNEXURE-L, in the interest of justice and equity. B. Issue a Writ in the nature of Mandamus by directing the Respondent No.2 and 3 to permit the Petitioner to continue as Member of the Harapanahalli Town Recreation Association, Harapanahalli, in the interest of justice and equity. C. Issue a Writ in the nature of Mandamus by directing the Respondent No.2 and 3 to consider the reply dtd: 11/5/2025 and dtd: 25/6/2025 vide ANNEXURE-K and M submitted by the Petitioner and pass appropriate Order after providing the documents and opportunity to the Petitioner, in the interest of justice and equity. D. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.
3. Respondent No. 2 is a Society registered under the Karnataka Societies Registration Act, 1960, wherein the petitioner is stated to have been employed and subsequently his employment has been terminated, so also, the membership of the petitioner. Respondent No.2 being a Society registered under the Societies Registration Act, and there would be no particular
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HC-KAR NC: 2025:KHC-D:10933 WP No. 106246 of 2025
public duty being discharged by Respondent No.2. The writ petition is therefore not maintainable.
4. Reserving liberty to the petitioner to avail such other civil remedy as may be available to the petitioner, the petition stands disposed of.
5. In view of disposal of the main petition, pending I.A. do not survive for consideration and the same stands
disposed of.
Sd/- (SURAJ GOVINDARAJ) JUDGE
gab CT:VP LIST NO.: 1 SL NO.: 22