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2025 DAILYLAW 9563 (KAR)

TADAVALAGA MALLIKARJUN VIDYA VARDHAK SANGH v. DISTRICT REGISTRAR

WP/200814/2025 · 2025-03-19

Anant Ramanath Hegde

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Judgment text

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- 1 - NC: 2025:KHC-K:1734 WP No. 200814 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.200814 OF 2025 (CS-RES) BETWEEN: 1. TADAVALAGA MALLIKARJUN VIDYA VARDHAK SANGH REP BY SECRETARY ANIL A. PATANAGI, AGED 42 YEARS, R/O: TADAVALAGA, TALUK: INDI, DISTRICT: VIJAYAPUR – PIN – 586 112. 2. ANIL A. PATANAGI SECRETARY- TADAVALAGA MALLIKARJUN VIDYA VARDHAK SANGH, AGED: 42 YEARS, R/O: TADAVALAGA, TALUK: INDI, DISTRICT: VIJAYAPUR – PIN – 586 112. …PETITIONERS (BY SRI SANTOSH KUMAR B. BIRADAR, ADVOCATE) AND: 1. DISTRICT REGISTRAR OF SOCIETIES, VIJAYAPUR, DISTRICT VIJAYAPUR PIN – 586 101. REP. BY DEPUTY REGISTRAR. 2. CHANDRASHEKAR MALLAKAPPA HUGAR PRESIDENT – TADAVALAGA MALLIKARJUN VIDYA VARDHAK SANGH, AGED: MAJOR, R/O: TADAVALAGA, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1734 WP No. 200814 of 2025 TALUK: INDI, DISTRICT : VIJAYAPUR – PIN – 586 112. …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, A.G.A FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S) /ORDER(S) /DIRECTION(S) THEREBY DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION NO.T.M.V.S/NO.361/D.R. OFFICE/2024-25 DATED 27.01.2025 SUBMITTED BY THE PETITIONER, WITHIN REASONABLE TIME BOUND FIXED BY THIS HON’BLE COURT (ANNEXURE-F) AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel for the petitioner and the learned Additional Government Advocate appearing for the respondent No.1. 2. The petitioner has prayed for writ of mandamus to consider the complaint/representation dated 27.01.2025 addressed to respondent No.1 wherein he has alleged commission of some illegal act by the Managing Committee of - 3 - NC: 2025:KHC-K:1734 WP No. 200814 of 2025 Tadavalaga Mallikarjun Vidya Vardhak Sangh, Tadavalaga. The petitioner submits that he does not seek any relief against the respondent No.1 and while considering his representation the Tadavalaga Mallikarjun Vidya Vardhak Sangh, Tadavalaga and its office bearers be given a fair hearing if required. 3. The submission of the learned counsel is placed on record. 4. Since the petitioner claims to have lodged a compliant against the activities of Tadavalaga Mallikarjun Vidya Vardhak Sangh, Tadavalaga and petitioner is also the member of the said Society, the complaint is required to be considered in accordance with law. However, it is to be observed that no action shall be initiated against the Tadavalaga Mallikarjun Vidya Vardhak Sangh, Tadavalaga or 2nd respondent unless they are given an opportunity of hearing in case any action is proposed to be taken against 2nd respondent, President of the Society as well as the members of the Managing Committee of the said Society. 5. Hence, the following: - 4 - NC: 2025:KHC-K:1734 WP No. 200814 of 2025 ORDER 1st respondent shall consider the representation dated 27.01.2025 filed by the petitioner. Before passing any orders against the aforementioned Society, and the members of the Managing Committee, all the members of the party shall have to be heard. It is further made clear that this court has not expressed anything on the merits of any claim made by the petitioner. Sd/- (ANANT RAMANATH HEGDE) JUDGE BL List No.: 2 Sl No.: 38