- 1 - HC-KAR NC: 2025:KHC:27348 WP No. 5741 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5741 OF 2017 (GM-RES) BETWEEN: SYED ABDUL KHUDDUS 76 YEARS, S/O LATE SYED ABDUL SATTAR ADVOCATE RETIRED RESIDING AT NO.56, 5TH CROSS GOPALAPPA LAYOUT MANURAYANAPALYA K.H.B ROAD R.T NAGAR POST BANGALORE-560 032 …PETITIONER (BY SRI. FAYAZ SAB B.G., ADVOCATE) AND: 1. KARNATAKA ADVOCATE’S WELFARE FUND TRUSTEE COMMITTEE OLD K.G.I.D BULDING, DR.AMBEDKAR VEEDHI BANGALORE-01 REPRESENTED BY ITS SECRETARY 2. KARNATAKA STATE BAR COUNCIL APPELALTE AUTHORITY UNDER THE KARANTAKA ADVOCATES WELFARE FUND ACT 1983 OLD K.G.I.D. BUILDING DR.AMBEDKAR VEDHI BENGALURU-1 REPRESENTED BY ITS SECRETARY 3. STATE OF KARNATAKA BY ITS SECRETARY TO GOVT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27348 WP No. 5741 of 2017 LAW JUSTICE & HUMAN RIGHTS VIDHANA SOUDHA BLORU-01 …RESPONDENTS (BY SRI. M. SRINIVAS KUMAR., HCGP FOR R3; SRI. NATARAJ.G. ADVOCATE FOR R1 & R2 ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT A WRIT OF CERTIORARI AND SET ASIDE THE PROCEEDINGS OF R-1 DTD17.8.2016 COMMUNICATED BY POST ON 1.9.2016 PRODUCED AT ANNEXURE-A AND THE PROCEEDINGS OF R-2 VIDE ITEM NO.6 DTD5.11.2016 AND COMMUNICATED THROUGH COURRIER ON 31.1.2017 PRODUCED AT ANNEXURE-C AND ETC. THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; i. Issue a writ of certiorari and set aside the proceedings of R1 bearing No. KSBC 120 3/2016 dated 17.8.2016 communicated by post on 1.9.2016 produced at Annexure-A and the proceedings of 2nd Respondent vide Item No.6 dated: 5.11.2016 and communicated through courier on 31.1.2017 produced at Annexure-C. ii. Declare the proviso to Sec.16 of the A.W.F.A Act, 2010 as unconstitutional arbitrary and discriminatory. iii. Mandamus directing the respondents to grant the relief based on the new schedule to the - 3 - HC-KAR NC: 2025:KHC:27348 WP No. 5741 of 2017 Amendment Act of 2010, ignoring the proviso to Sec. 16 thereof. iv. Grant such other relief as this Hon’ble Court deems fit to grant, to meet the ends of justice. 2. Sri.Nataraj.G., learned counsel for respondents No.1 and 2 submits that a similar issue has already been dealt with by the Hon’ble Apex Court in S.Seshachalam & Ors vs. Chairman, Bar Council of Tamil Nadu & Ors1., insofar as in that matter the Hon’ble Apex Court dealt with Section 16 of the Tamil Nadu Advocates Welfare Fund Act which is in pari materia with Section 16 of the Karnataka Advocate Welfare Fund Act, as such the finding of the Hon’ble Apex Court in respect to said provision would be equally applicable to the present matter. 3. A copy of the said decision has been placed on record, a perusal thereof would indicate that the validity of Section 16 of the Tamil Nadu Advocates Welfare Fund Act has been upheld by the Hon’ble 1 (2014) 16 SCC 72 - 4 - HC-KAR NC: 2025:KHC:27348 WP No. 5741 of 2017 Apex Court in S.Seshachalam & Ors vs. Chairman, Bar Council of Tamil Nadu & Ors. 4. Since, the Section 16 of the Karnataka Advocate Welfare Fund Act is in pari materia with Section 16 Tamil Nadu Advocates Welfare Fund Act, I am of the considered opinion that the finding of the Hon’ble Apex Court would equally apply to present matter. 5. In that view of the matter, the above reliefs which have been claimed by the petitioner would not be maintainable. The petition stands disposed of in the terms of the finding of the Hon’ble Apex Court in S.Seshachalam & Ors vs. Chairman, Bar Council of Tamil Nadu & Ors. SR List No.: 1 Sl No.: 33 SD/- (SURAJ GOVINDARAJ) JUDGE