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2025 DAILYLAW 72264 (KAR)

MR MANJUNATH H B v. STATE OF KARNATAKA

WP/17971/2025 · 2025-07-24

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28360 WP No. 17971 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17971 OF 2025 (GM-RES) BETWEEN: 1. MR MANJUNATH H B S/O SRI OMKARAPPA, AGED ABOUT 48 YEARS, R/O 1 MAIN, 5TH CROSS, KIRIWADE LAYOUT, DAVANGERE - 577 004 (SECRETARY OF M/S JACKPOT RECREATION CLUB, HAVING OFFICE AT SY. NO. 22, INGALADAHALLI VILLAGE, ANDANOOR POST, HOLALKERE TALUK, CHITRADURGA DISTRICT) …PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH REGISTRAR OF COOPERATIVE SOCIETIES, ALI ASKAR ROAD, BENGALURU 560 001. 2. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES AND DISTRICT REGISTRAR, CHITRADURGA HAVING OFFICE AT Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28360 WP No. 17971 of 2025 B.L. GOWDA LAYOUT, CHITRADURGA DISTRICT. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT QUASHING THE ORDER DTD 20.12.2024 BEARING NO. DRD/SANGHA SAMSTHE/SUM.NUN/2024-25 (ANNX-A) WHEREIN THE R-2 HAS REJECTED THE APPLICATION/COMMUNICATION PRESENTED BY THE PETITIONER ON BEHALF OF M/S JACKPOT RECREATION CLUB, FOR REGISTRATION OF THE SAME. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner who is the Secretary of M/s.Jackpot Recreation Club has called in question the validity of the endorsement at Annexure-A refusing to register petitioner Society in terms of the provisions of Section 6 and 8 of the Karnataka Societies Registration Act, 1960. 2. The petitioner submits that the District Registrar of Societies has refused to register the Society on the sole premise that the Association and entities like petitioner though - 3 - HC-KAR NC: 2025:KHC:28360 WP No. 17971 of 2025 are registered with objectives which are otherwise legal, however subsequently they indulge in gambling and misuse of registration. 3. Reference is made in the said endorsement to the proceedings of the District Registrar dated 20.12.2024. 4. Learned Additional Government Advocate would submit that the action of not registering is on the sole premise of misuse of Recreation Centers though registered with legal objectives are found subsequently involving in gambling. 5. Learned Additional Government Advocate has placed reliance proceedings of the District Registrar dated 20.12.2024 and subsequent proceedings of the Deputy Commissioner dated 18.05.2024, copies of which are filed along with the memo. 6. It must be noticed that the registration of Recreation Clubs and Associations are made under Section 8 of the Karnataka Societies Registration Act, 1960 and there is no requirement of obtaining 'No Objection Certificate' from the Police and Certificate stating that they are not involved in criminal activities as is insisted by the Government. - 4 - HC-KAR NC: 2025:KHC:28360 WP No. 17971 of 2025 7. It is further noticed that the minutes of the meeting of the Deputy Commissioner drawn on the basis of the minutes of the Minister would require either at the time of registration or at the time of making statutory filings that the certificate from the Police Authorities be obtained to the effect that petitioner is not involved in gambling and other activities. Such certificate would be presumptuous of the activities of the petitioner and cannot be insisted upon and is not a condition enumerated under Section 8 of the Karnataka Societies Registration Act, 1960 or Rules. 8. Therefore, the proceedings of the District Registrar dated 20.12.2024 and subsequent proceedings of the Deputy Commissioner dated 18.05.2024 cannot have the effect of inserting requirement under Section 8 relating to registration. 9. Accordingly, Annexure-A is set aside. Respondent no.2 is directed to register the Association viz., M/s.Jackpot Recreation Club represented by its Secretary who is the petitioner herein, if other procedural requirements are adhered to without insisting for any conditions mentioned in the minutes of the Minister or the Deputy Commissioner referred to above. - 5 - HC-KAR NC: 2025:KHC:28360 WP No. 17971 of 2025 10. Needless to state, in the event of any misuse of the objectives or if the petitioner indulges in any illegal activities, it is open for the respondents or the police authorities to take action as is permissible in law. Sd/- (S SUNIL DUTT YADAV) JUDGE NP