Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:36616 WP No. 25645 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25645 OF 2025 (GM-KSR)
BETWEEN:
M/S POWER RECREATIONS (REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT 1960) OFFICE AT, NEAR CHALLAKERE TOLL GATE, CHITRADURGA REP BY ITS PRESIDENT MR. NAGABHUSHAN K S/O. SRI. K. G. KANUMAPPA AGED ABOUT 56 YEARS
…PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) AND:
1.
STATE OF KARNATAKA THROUGH REGISTRAR OF COOPERATIVE SOCIETIES ALI ASKAR ROAD
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:36616 WP No. 25645 of 2025
BENGALURU 560001
2.
DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES AND DISTRICT REGISTRAR CHITRADURGA HAVING OFFICE AT 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 QUASH THE ORDER DATED 05.05.2025 BEARING NO. DRD/SAN-SAM/C.R/S.O.R-102-2024-25/2024-
25. WHEREIN THE R2 HAS REJECTED THE STATUTORY FILING OF ACCOUNTS AND LIST OF OFFICE BEARERS FOR THE YEAR 2024-25 AND 2025-26 PRESENTED BY THE PETITIONER ON BEHALF OF M/S POWER RECREATIONS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
- 3 -
HC-KAR NC: 2025:KHC:36616 WP No. 25645 of 2025
ORAL ORDER
The petitioner, a society registered under the Karnataka Societies Registration Act, 1960 [for short, 'the Societies Act'], is aggrieved by the second respondent's order dated 05.05.2025 [Annexure - A]. This order dated 05.05.2025 reads that the accounts filed for the year 2024-25 and the list of members as required under Section 13 of the Societies Act cannot be accepted because the petitioner has encouraged gambling.
Mr. Bharath Kumar V, the learned counsel for the petitioner, submits that in very similar circumstances this Court has quashed a similar
order directing the society concerned to be registered without insisting on any compliance, including a license to run a recreational centre. As against these assertions, Mr. Rahul Cariappa, the learned Additional Government Advocate, submits that the
- 4 -
HC-KAR NC: 2025:KHC:36616 WP No. 25645 of 2025
second respondent's order is part of the decision taken to curb gambling activities in the District of Chitradurga and to ensure that gambling activities are curbed.
This Court must observe that if the petitioner is guilty of encouraging gambling, the Police Authorities must act to ensure that appropriate measures are taken as should the second respondent to cancel the registration if it is within its jurisdiction under the Societies Act but that cannot be a reason to refuse accepting the accounts statement or the list of members. As such, this Court is in respectful agreement with the decision in W.P.No.813/2025, which is decided on 24.07.2025 in similar circumstances, and the petition is allowed quashing the second respondent's impugned order dated 05.05.2025 but observing that this disposal shall not in any manner preclude action by the police
- 5 -
HC-KAR NC: 2025:KHC:36616 WP No. 25645 of 2025
authorities or by the second respondent otherwise permissible in law.
Sd/- (B M SHYAM PRASAD) JUDGE
RB