Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35230-DB WA No. 1460 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT APPEAL NO.1460 OF 2025 (GM-KSR) BETWEEN:
1. THE KANNADA SAHITYA PARISHATTU REGISTERED SOCIETY UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 OFF/AT PAMPA MAHAKAVI ROAD CHAMARAJAPETE BENGALURU - 560 018 REP. BY ITS PRESIDENT NADOJA DR. MAHESH JOSHI S/O LATE SRI. HANUMANTH BHAT JOSHI
2. SRI. NADOJA DR. MAHESH JOSHI S/O LATE SRI. HANUMANTH BHAT JOSHI AGED ABOUT 68 YEARS PRESIDENT, KANNADA SAHITYA PARISHAT PAMPA MAHAKAVI RAOD CHAMARAJAPETE, BENGALURU - 560 018 ALSO AT NO. 10, 'GURU GOVINDA KRUPA' 16TH MAIN ROAD, R.K LAYOUT 3RD STAGE, PADMANABHANAGAR BENGALURU - 560 070 …APPELLANTS (BY SRI ARUN SHYAM, SENIOR ADVOCATE ALONG WITH SRI SUYOG HERELE E, ADVOCATE)
Digitally signed by AMBIKA H B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:35230-DB WA No. 1460 of 2025
AND:
1. THE SECRETARY DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU - 560 001
2. THE REGISTRAR OF COOPERATIVE SOCIETIES ALI ASKAR ROAD NEAR RAJ BHAVAN BENGALURU - 560 052
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT REGISTRAR UNDER THE KARNATAKA REGISTRATION ACT AND DEPUTY REGISTRAR II CIRCLE, BENGALURU URBAN DISTRICT NO.146, SHAKAR SOUDHA 2ND FLOOR, 8TH CROSS ROAD 3RD MAIN ROAD MARGOSA ROAD MALLESHWARAM BENGALURU - 560 003
4. SRI. B K SALEEM DISTRICT REGISTRAR UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT AND DEPUTY REGISTRAR II CIRCLE, BENGALURU URBAN DISTRICT NO.146, SHAKAR SOUDHA 2ND FLOOR, 8TH CROSS ROAD 3RD MAIN ROAD MARGOSA ROAD MALLESHWARAM BENGALURU - 560 003
5. THE ENQUIRY OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SRI. SHASHIDHAR IV CIRCLE, BENGALURU URBAN DISTRICT
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HC-KAR NC: 2025:KHC:35230-DB WA No. 1460 of 2025
NO.146, SHAKAR SOUDHA 2ND FLOOR, 8TH CROSS ROAD 3RD MAIN ROAD MARGOSA ROAD MALLESHWARAM BENGALURU - 560 003 …RESPONDENTS
(BY SRI K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SMT.PRATHIMA HONNAPURA, ADDITIONAL ADVOCATE GENERAL A/W SMT.
NAMITHA MAHESH, ADDITIONAL GOVERNMENT ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE INTERIM ORDER DATED 25.07.2025 PASSED BY THE LEARNED SINGLE JUDGE IN THE WRIT PETITION No. 20919/2025 ONLY TO THE EXTENT OF REJECTING INTERIM RELIEF SOUGHT IN THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellants have filed the present appeal impugning an interim order dated 25.07.2025 passed by the learned Single Judge in Writ Petition No.20919/2025 (GM-KSR). The appellants are
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HC-KAR NC: 2025:KHC:35230-DB WA No. 1460 of 2025
aggrieved to the limited extent that the learned Single Judge has not interdicted the holding of an enquiry under Section 25 of the Karnataka Societies Registration Act, 1960. 2. It is contended on behalf of the appellants that the said enquiry has been instituted by the Deputy Registrar suo motu without following the principles of natural justice and without affording the appellant-Society an opportunity to respond to the complaints on the basis on which the enquiry is supposed to be instituted. It is contented that the complaints were regarding financial affairs and the subject matters could be responded only after the final accounts have been adopted at the Annual General Body Meeting. 3. The contention that the appellants were precluded from responding to the complaints till the Annual General Body Meeting of the society had accepted the accounts, is insubstantial. The appellant-society, in any manner, is not precluded from responding to the complaints pending acceptance of accounts in the General Body Meeting. - 5 -
HC-KAR NC: 2025:KHC:35230-DB WA No. 1460 of 2025
4.
The contention that the appellants had not been given an opportunity to respond to the complaints, prior to the Registrar concluding to hold an enquiry, also does not appear to be merited. The documents placed on record, including letter dated 10.06.2025, indicate that pursuant to the complaints received, the appellant-Society was called upon to respond to the same. However, the letter dated 20.05.2025 indicates that the appellant did not respond to the complaints, but, sought additional time to reply to the same after discussing the complaint at its executive committee meeting. 5. The fact that the appellant did not avail the opportunity afforded to it, cannot be a ground to hold that the enquiry has been instituted without following the principles of natural justice. 6. We also note that the impugned order is an interim order and all rights and contentions of the parties have not been closed. Considering the same, we are refraining from making any further observations regarding contentions as advanced. We found no ground to interfere with the impugned order. - 6 -
HC-KAR NC: 2025:KHC:35230-DB WA No. 1460 of 2025
7. The appeal is, accordingly, dismissed. 8. Pending application stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
AHB List No.: 1 Sl No.: 50