- 1 - HC-KAR NC: 2025:KHC:50701 WP No. 10602 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10602 OF 2025 (GM-KSR) BETWEEN: 1. BRAHMASHREE NARAYANAGURU BILLAVA SEVA TRUST (R) SHIVAGIRI, GURUBHAVANA , VAMANJOOR, PILIKULA ROAD, VAMANJOOR POST, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT - 575 028. REPRESENTED BY ITS PRESIDENT, NAMELY MR.BALAKRISHNA S.KARKERA, S/O LATE SANKAPPA KARKERA, AGED ABOUT 58 YEARS, 2. BRAHMASHREE NARAYANAGURU BILLAVA SEVA TRUST (R), SHIVAGIRI, GURUBHAVANA , VAMANJOOR, PILIKULA ROAD, VAMANJOOR POST, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT - 575 028. REPRESENTED BY ITS SECRETARY, NAMELY MR.B.KANTHAPPA POOJARY, S/O LATE MUDARA POOJARY, AGED ABOUT 77 YEARS. 3. BRAHMASHREE NARAYANAGURU BILLAVARA SANGHA (R), SHIVAGIRI, GURUBHAVANA, VAMANJOOR, PILIKULA ROAD, VAMANJOOR POST, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT - 575 028, NOW MERGED WITH PETITIONERS TRUST. …PETITIONERS (BY SRI. VIJAY KUMAR T, ADVOCATE) AND: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50701 WP No. 10602 of 2025 1. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE'S OFFICE, DAKSHINA KANNADA, MANGALURU - 575 001. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY (I.C.D.P) AND ASSOCIATION - ORGANIZATION, HEAD OFFICE, BENGALURU. ALI ASKER ROAD, NEAR RAJ BHAVAN, VASANTH NAGAR, BENGALURU - 560 001. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, D.K. MANGALURU, JANATHA BAZAR, 1ST FLOOR, GANAPATHI HIGH S CHOOL ROAD, MANGALURU, DAKSHINI KANNADA DISTRICT-575 028. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, MANGALURU SUB-DIVISION, MANGALURU, JANATHA BAZAR, 1ST FLOOR, GANAPATHI HIGH SCHOOL ROAD, MANGALURU, DAKSHINI KANNADA DISTRICT - 575 028. 5. EX-PRESIDENT AND MEMBER OF BRAHMASHRI NARAYANGURU BILLAVARA SANGHA (R), VAMANJUR, DAKSHINI KANNADA DISTRICT - 575 028. 6. SRI. SHEKAR POOJARI, S/O KUNAPPA POOJARI, AGED ABOUT 76 YEARS, R/AT THOIPAKAL HOUSE, VAMANJOOR, THIRUVEIL VILLAGE, MANGALORE TALUK, DAKSHINI KANNADA DISTRICT-575 028. 7. SMT. JAYANTHI, W/O DHAMODHAR POOJARI, AGED ABOUT 50 YEARS, R/AT THOIPAKAL HOUSE, VAMANJOOR, - 3 - HC-KAR NC: 2025:KHC:50701 WP No. 10602 of 2025 THIRUVEIL VILLAGE, MANGALORE TALUK, DAKSHINI KANNADA DISTRICT - 575 028. 8. SRI. SADANANDA POOJARI, S/O SEENA POOJARI, AGED ABOUT 55 YEARS, R/AT KELARAIKODI, POOJARY HOUSE, THIRUVAIL VILLAGE, VAMANJOOR POST, MANGALURU TALUK, DAKSHINI KANNADA DISTRICT-575 028. 9. SRI. MARAPPA POOJARI, S/O MANKRA POOJARI, AGED ABOUT 52 YEARS, R/AT VARMANJOOR HOUSE, THIRUVAIL VILLAGE, VAMANJOOR POST, MANGALURU TALUK, DAKSHINI KANNADA DISTRICT -575 028. …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA FOR R1 TO R4; SRI. B. ROOPESHA, ADVOCATE FOR R5 TO R8; VIDE ORDER DATED 02.12.2025, NOTICE TO R9 DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RECOMMENDATION LETTER DTD 20.01.2025 ISSUED BY THE R-3 IN NO. DRP/S9/ADMINISTRATOR/01/2024-25 IN RECOMMENDING THE R-4 AS ADMINISTRATOR VIDE ANNX-Q AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 4 - HC-KAR NC: 2025:KHC:50701 WP No. 10602 of 2025 ORAL ORDER 1. Learned AGA accepts notice for respondent no. 1 to respondent no. 4. 2. Sri. B.Roopesha, learned counsel who has filed caveat for respondent Nos.5 to 8 accepts notice for respondent Nos.5 to 8. 3. Notice to respondent No.9 is dispensed with in view of the proposed ordered to be passed. 4. The petitioners are before this Court seeking for the following reliefs: (a) Issue a Writ of certiorari to quash the recommendation letter dated:20/01/2025 issued by the 3rd respondent No.DRP:S9:Administrator: 01:2024-25 in recommending the 4th respondent as administrator vide Annexure - Q. (b) Grant such other relief's as this Hon'ble court deems fit to grant in the circumstances of the case with costs in the interest of justice and equity. 5. Respondent No.3, a Sangha which is registered under the Karnataka Societies Registration Act, 1960, is stated to have in an extraordinary general meeting, transferred its assets to petitioner No.1. 6. There being certain disputes raised by the other members of the Sangha on the ground that there is no general - 5 - HC-KAR NC: 2025:KHC:50701 WP No. 10602 of 2025 body meeting which had been called for and the resolutions which have been passed are non est. Taking into consideration these allegations and complaints against the Managing Committee of respondent No.3/Sangha, respondent No.3 has appointed an administrator to petitioner No.3's Sangha, is the order which is challenged before this Court. 7. Learned counsel for the petitioners submits that petitioner No.3's Sangha is no longer in existence subsequent to the transfer of the assets of the Sangha to the trust and as such, an administrator could not be appointed to a nonexistent Sangha. 8. Sri. B.Roopesha, learned counsel appearing for caveat/respondent Nos.5 to 8 submits that the Sangha would continue to be in operation. He disputes the resolution which had been passed inasmuch as his contention is that there was no general body meeting which had been called for and no resolution had been passed and this aspect has been challenged in the suit in O.S.No.1343/2025 filed before the Civil Judge, Mangalore - 6 - HC-KAR NC: 2025:KHC:50701 WP No. 10602 of 2025 D.K., when declaratory reliefs have been sought for as regards the meeting, resolution, gift deed, formation of the trust, and injunctions in respect of various aspects. 9. He submits that the petitioner No.3/Sangha is not functioning properly, and the administrator who has been appointed is not proper and correct more so when a suit of the nature as indicated supra is pending. 10. Heard both the counsels and perused papers. 11. The contention primarily of learned counsel for the petitioner No.3/Sangha is non-existence on account of the resolution which has been passed in the extraordinary general meeting. The said resolution would only indicate that the assets are proposed to be transferred to the trust. The procedure which has been prescribed under the Societies Registration Act for dissolution of a society has not been followed. Hence, the question of contending that the petitioner No.3/Sangha is no longer in existence would not arise without due compliance with the - 7 - HC-KAR NC: 2025:KHC:50701 WP No. 10602 of 2025 applicable law and procedure. Hence, the Sangha would continue to exist until such procedure is complied with. 12. There being dispute between the members of the Society/Sangha and there being a suit which had been filed seeking for the reliefs as afore indicated, I am of the considered opinion that no fault can be found with respondent No.2 appointing an administrator in respect to petitioner No.3/Sangha. The rights of the parties would have to be ascertained and determined in O.S.No.1343 of 2025, which is pending between the parties. 13. With the above observations, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 34