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2025 DAILYLAW 90460 (KAR)

SRI.RAMESH NAGARAJU v. THE STATE OF KARNATAKA

RP/623/2024 · 2025-11-27

Suraj Govindaraj

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:49439 RP No. 623 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ REVIEW PETITION NO. 623 OF 2024 BETWEEN: 1. SRI. RAMESH NAGARAJU AGED ABOUT 50 YEARS, S/O SRI. NAGARAJU, PRESIDENT, M/s KISHORE VIDYANIKETAN SOCIETY (R) NO.5, C BLOCK, SAHAKARANAGAR, BENGALURU-560 092. PRESENTLY WORKING AT AL MELAHEYAH, RESIDENCE-2, FLAT NO.215, ALL MINA ROAD, NESTO BUILDING, AL HUDAIBIA, DUBAI, UAE. 2. SRI. NAGARAJU AGED ABOUT 77 YEARS, S/O LATE BOMMAIAH, SECRETARY, M/s KISHORE VIDYANIKETAN SOCIETY (R) NO.5, C BLOCK, SAHAKARANAGAR, BENGALURU-560 092. …PETITIONERS (BY SRI. M.R. RAJGOPAL, SENIOR ADVOCATE FOR SRI. P. ANAND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49439 RP No. 623 of 2024 DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI VIDHANA SOUDHA BENGALURU - 560 001. 2. THE DEPUTY REGISTRAR CUM DISTRICT REGISTRAR OF SOCIETIES, 1ST ZONE, BENGALURU URBAN DISTRICT, NO.146, SAHAKARA SOUDHA, 8TH CROSS, 3RD MAIN, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560 003. 3. SRI. ERE GOWDA, AGED ABOUT 75 YEARS, S/O LATE VENKATEGOWDA, EXECUTIVE MEMBER, M/s KISHORE VIDYANIKETAN SOCIETY (R), NO.5, C BLOCK, SAHAKARANAGAR, BENGALURU-560 092, R/AT NO.7, 1ST CROSS, GANGAPPA BLOCK, GANGANAGAR, BENGALURU-560 032. 4. SRI. PUTTARAJU K., AGED ABOUT 82 YEARS, FATHER'S NAME NOT KNOW TO THE PETITIONERS EXECUTIVE MEMBER, M/S KISHORE VIDYANIKETAN SOCIETY (R), NO.5, C BLOCK, SAHAKARANAGAR, BENGALURU-560 092, R/AT NO.75, 1ST CROSS, VINAYAKA LAYOUT, BHOOPASANDRA, BENGALURU-560 094. 5. SRI. RAVI KUMAR K, S/O SRI. ERE GOWDA, AGED ABOUT 51 YEARS, EXECUTIVE MEMBER, M/S KISHORE VIDYANIKETAN SOCIETY (R), NO.5, C BLOCK, SAHAKARANAGAR, BENGALURU-560 092, - 3 - HC-KAR NC: 2025:KHC:49439 RP No. 623 of 2024 R/AT NO.7, 1ST CROSS, GANGAPPA BLOCK, GANGANAGAR, BENGALURU-560 032. 6. SMT. R LALITHAMMA, W/O SRI. ERE GOWDA, AGED ABOUT 73 YEARS, EXECUTIVE MEMBER, M/s KISHORE VIDYANIKETAN SOCIETY (R), NO.5, C BLOCK, SAHAKARANAGAR, BENGALURU-560092, R/AT NO.7, 1ST CROSS, GANGAPPA BLOCK, GANGANAGAR, BENGALURU-560032 …RESPONDENTS (BY SRI. SIDARTH BABU RAO, AGA FOR R1 & R2; SRI. VARUN J. PATIL, ADVOCATE FOR R3 TO R5; SRI. R.G. BHAT, ADVOCATE FOR R6) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER XLVII RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER PASSED BY THIS HON'BLE COURT DATED 21.08.2024 IN WP NO.15076/2024 (GM-RES). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court, seeking for the following reliefs: "Review the order passed by this Hon'ble Court dated 21.08.2024 in W.P.No.15076/2024 (GM- RES) by review the said order." - 4 - HC-KAR NC: 2025:KHC:49439 RP No. 623 of 2024 2. By way of Order dated 21.08.2024, the Co-ordinate Bench of this Court in W.P.No.15076/2024 had disposed the said petition reserving the petitioners liberty to adjudicate their rights before the jurisdictional Civil Court on the ground that in terms of decision of this Court in Nanjundaswamy Vs The District Registrar of Societies and Deputy Registrar of Co-operative Societies, Gulbarga District, Gulbarga and other reported in 2010 (4) Karnataka Law Journal 350. No adjudication of the claims or counter claims could be made under Section 13 of the Karnataka Societies Registration Act, 1960. 3. The above petition has been filed seeking review of the said order. 4. Sri.M.R.Rajagopal, learned Senior counsel appearing for the petitioners would submit that the application for renewal had been submitted by the petitioners - 5 - HC-KAR NC: 2025:KHC:49439 RP No. 623 of 2024 and objections had been filed by the respondents, which has been considered and a adjudication done by respondent No.2 after enquiry and the impugned order has been passed. 5. The perusal of papers indicates that indeed it is the petitioner who had filed the application for renewal and it is the respondent who had filed the objections. 6. A perusal of the petition indicates that there is an error in the factual representation wherein it has been stated that the petitioner has submitted objections to the application for renewal, which is the cause of the order dated 21.08.2024. If the correct facts are taken into consideration and the application for renewal having been submitted by the petitioners and objections by the respondents, then no adjudication could have been made by respondent No.2 under Section 13 of the Karnataka Societies Registration Act, 1960. As such, this error having - 6 - HC-KAR NC: 2025:KHC:49439 RP No. 623 of 2024 crept into the order, the order would require review at the hands of this Court and as such, I pass the following: ORDER (i) Review petition is allowed. (ii) Order dated 21.08.2024 stands recalled. (iii) Order dated 30.04.2024 passed by respondent No.2. is set aside. (iv) Liberty is reserved to the respondents to approach the appropriate forum seeking for appropriate reliefs. SD/- (SURAJ GOVINDARAJ) JUDGE SBN LIST NO.: 2 SL NO.: 1