- 1 - NC: 2025:KHC-D:233 WP No. 114372 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD WRIT PETITION NO.114372 OF 2015 (GM-KSR) BETWEEN: 1. SRI. MALLAPPA S/O PANDAPPA SHIRBUR, AGE: 60 YEARS, OCC: AGRICULTURE, 2. SRI. DUNDAPPA S/O RANGAPPA KATARKI AGE: 70 YEARS, OCC: AGRICULTURE, 3. SRI. MALAKAJAPPA S/O CHANNAPPA BANDAR AGE: 60 YEARS, OCC: AGRICULTURE, 4. SRI. MAIBUSAB S/O AMEENSAB MULLA AGE: 58 YEARS, OCC: AGRICULTURE, 5. SRI. BHIMAPPA S/O BAIRU SAVANT AGE: 54 YEARS, OCC: AGRICULTURE, 6. SRI. TAMMANNA S/O PANDAPPA SHIRBUR AGE: 55 YEARS, OCC: AGRICULTURE, 7. SRI. DASTGIRSAB AMEENSAB MULLA AGE: 55 YEARS, OCC: AGRICULTURE, 8. SMT. BHAGIRATHI MALLAPPA SHIRBUR AGE: 51 YEARS, OCC: HOUSEHOLD WORK, 9. SRI. BASAPPA PANDAPPA SHIRBUR AGE: 48 YEARS, OCC: AGRICULTURE, 10. SRI. ASHOK GYANBA RANOJI AGE: 27 YEARS, OCC: AGRICULTURE, Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:233 WP No. 114372 of 2015 11. SRI. SHIVAPPA DHYEPPA HARIJAN AGE: 40 YEARS, OCC: AGRICULTURE, ALL ARE R/O: BIDARI, TQ: JAMKHANDI, DIST: BAGALKOTE. …PETITIONERS (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) AND: 1. THE DISTRICT REGISTRAR AND REGISTRAR OF SOCIETIES, BAGALKOTE. 2. SRI. KUMARESHWAR VIDYA VARDHAK SANGHA BIDARI, TQ: JAMKHANDI, DIST: BAGALKOTE. REP. BY ITS SECRETARY. 3. SRI. MANIPRA SHIVALINGA MAHASWAMIGALU BIDARI. 4. SRI. SUBHASH S/O DUNDAPPA SAVAKAR AGE: 37 YEARS, OCC: PRESIDENT, PKPS, 5. SRI. BABUREDDI VENKKAPPA TUNGAL AGE: 70 YEARS, OCC: EX-MLA, 6. SRI. VENKAPPA S/O SANGAPPA YADAWAD AGE: 65 YEARS, OCC: AGRICULTURE, 7. SRI. BASAVARAJ S/O MELAPPA SAHUKAR AGE: 35 YEARS, OCC: AGRICULTURE, 8. SRI. CHANNAPPA S/O VEERABHADRAPPA KUDACHI (KANTHI) AGE: 59 YEARS, OCC: BUSINESS, 9. SRI. VITTAL PANDAPPA HUNASHIKATTI AGE: 36 YEARS, OCC: AGRICULTURE, 10. SRI. BHIMANGOUDA S/O HANUMANT MANASANI AGE: 63 YEARS, OCC: AGRICULTURE, - 3 - NC: 2025:KHC-D:233 WP No. 114372 of 2015 11. SRI. BANDAGISAB HAJISAB TAMBOLI AGE: 76 YEARS, OCC: AGRICULTURE, 12. SRI. GOUDAPPA BASAPPA WOADEYAR AGE: 45 YEARS, OCC: AGRICULTURE, 13. SRI. SADASHIV LENKAPPA HARIJAN AGE: 60 YEARS, OCC: AGRICULTURE, RESPONDENT NOS.3 TO 12 ARE R/O: BIDARI, TQ: JAMKHANDI, DIST: BAGALKOTE. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1; SRI. NANDISH PATIL, ADVOCATE FOR SRI. F.V. PATIL, ADVOCATE FOR R2; NOTICE TO RESPONDENT NO.8 IS SERVED; NOTICE TO RESPONDENT NOS.4, 6, 7 & 9-HELD SUFFICIENT; RESPONDENT NOS.3, 5, 10 & 11-ABATED) 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 OR ANY OTHER WRIT OR DIRECTION AND QUASHED THE ORDER PASSED BY THE 1ST RESPONDENT DATED 17.02.2014 BEARING NO. SANGHA 19/1975-76/2013-14 COPY AS PER ANNEXURE-G & ETC., THIS WRIT PETITION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD - 4 - NC: 2025:KHC-D:233 WP No. 114372 of 2015 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioners are a rival group asserting that they make the Working Committee to oversee the affairs of Shri Kumareshwara Vidya Vardhaka Sangha, a society that is registered under the Karnataka Societies Registration Act, 1960 [for short, ‘the Act’] in the year 1975-76. The private respondents make up the other group, which asserts that they make the Working Committee. The petitioner has called in question the first respondent’s order dated 17.02.2014 accepting the Annual Returns filed by the private respondents under Section 13 of the Act accepting the list of the members of the Working Committee. 2. This Court must record on both Sri Mrutyunjaya Tata Bangi, the learned counsel for the petitioner, and Sri Nandish Patil, the learned counsel for the private respondents, are categorical that most of the petitioners have died and even some amongst the private respondents have died. In fact, Sri Mrutyunjaya Tata Bangi submits that therefore the application [I.A. No.1/2024] is - 5 - NC: 2025:KHC-D:233 WP No. 114372 of 2015 filed by those who assert that they have stepped into the shoes of the deceased petitioners. Further, the learned counsels submit that the Society runs an educational institution in Bidari Village, Jamakhandi Taluk, that this Village is directed to be moved because of flooding with most in the village availing the benefits of relocation / rehabilitation but some have stayed back, and that the Society offers education to these residents’ family members. 3. The petitioners assert that the first respondent could not have accepted the Working Committee Members List or the Returns filed for the year 2009-10 by the private respondents because of the judgment and decree in O.S. No.112/1989 on the file of the Principal Civil Judge [Jr. Dn.], Jamakhandi which are by this Court in R.S.A. No.5049/2010. The Trial Court’s judgment is dated 02.08.2006, and this Court’s judgment and decree in the aforesaid second appeal is 25.06.2011. The question for consideration is whether the petitioners can call in question the first respondent’s order on the ground that it is contrary to the declaration in the aforesaid proceedings. - 6 - NC: 2025:KHC-D:233 WP No. 114372 of 2015 4. This question must be considered in the light of the terms of such decree, which admittedly is confirmed by this Court in the second appeal and the subsequent undisputed facts as stated above, including the demise both amongst the petitioners and the private respondents. The trial Court’s decree in two suits viz., O.S. No.112/1989 and O.S. No.106/1987 reads as under: The suit of the plaintiff at O.S.No.106/1987 is hereby dismissed. The suit of the plaintiffs at O.S.No.112/1989 is hereby decreed partly. It is hereby declared that the plaintiff No.2 in O.S.No.112/1989 as President along with ‘A’ Schedule members, constituted Governing Body of the said plaintiff No.1 suit Sangha only till 1987- 1988. 5. Sri Mrutyunjaya Tata Bangi cannot dispute that the declaration in terms of this decree is as to the constitution of the Working Committee for the years up to - 7 - NC: 2025:KHC-D:233 WP No. 114372 of 2015 1987-88 and the Committee would only be for five years in terms of the Society’s byelaws. This Court, therefore, must opine that the decree cannot turn the outcome in favour of the petitioners. Further, this Court is of the considered view that if no exception can be taken with the first respondent’s order, the first respondent must be directed to ensure that elections are held for due constitution of the Working Committee in a time bound manner but ensuring that appropriate notice is published in the premises of the office of the local of the jurisdictional Tahsildar because of the following: [i] the demise of the members on both sides, [ii] depletion in the strength of the residents [consequent to the possible relocation by the residents of the village], and [iii] in the absence of details of the proceedings concluded according to the byelaws for due constitution of the working committee in the recent years. - 8 - NC: 2025:KHC-D:233 WP No. 114372 of 2015 Sri Praveen K. Uppar, the learned Additional Government Advocate, as also Sri Mrutyunjaya Tata Bangi, and Sri Nandish Patil are heard, and all submit that this Court could indeed issue directions in this regard. Hence, the following: ORDER [a] The petition stands disposed of directing the first respondent, within four [4] weeks from the date of receipt of a certified copy of this order, to cause publication of notice within the premise of the office of the jurisdictional Tahsildar for enrollment of new members according to the society’s bye laws. [b] The first respondent, upon such notice, shall consider the applications received and enroll those who are eligible in terms of the Society’s byelaws and declare calendar of events and complete the due process by 31.05.2025. - 9 - NC: 2025:KHC-D:233 WP No. 114372 of 2015 Consequently, the pending applications stand disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE RSH CT: VP LIST NO.: 1 SL NO.: 11