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2026 DAILYLAW 11779 (KAR)

MALLAPPA R TUNGAL v. STATE OF KARNATAKA

WP/33232/2025 · 2026-03-18

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16059 WP No. 33232 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 33232 OF 2025 (GM-KSR) BETWEEN: MALLAPPA R TUNGAL S/O RAMANNA TUNGAL, AGED 70 YEARS, R/A MUKKAM POST, KANAMADI, TIKOTA TALUK, VIJAYAPURA DISTRICT-586130 …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES 8TH CROSS ROAD, MALLESHWARAM, BENGALURU 560003 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKARA SOUDHA, 8TH CROSS ROAD, MALLESHWARAM, BENGALURU - 560003. 3. KARNATAKA GRAPES GROWERS ASSOCIATION HEAD OFFICE AT LALBAGH MAIN GATE, LALBAGH, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16059 WP No. 33232 of 2025 BENGALUUR-560004. REPRESENTED BY PRESIDENT, REG.UNDER KARNATAKA SOCIETIES REGISTRATION ACT 1960. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING RESPONDENT NO. 2 (DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES) TO TAKE IMMEDIATE STEPS FOR THE DISSOLUTION OF THE KARNATAKA DRAKSHI BELEGARARA SANGHA, REGISTRATION NO. 385/88- 89, IN ACCORDANCE WITH THE PROVISIONS OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960, CONSIDERING THE REPRESENTION DATED 15/10/2025 PRODUCED AT ANNEXURE M. B. DIRECT THE RESPONDENTS TO INITIATE APPROPRIATE LEGAL AND PENAL PROCEEDINGS AGAINST THE UNAUTHORIZED PERSONS WHO ARE ILLEGALLY MISUSING THE NAME, LETTERHEAD, AND SEAL OF THE SAID ASSOCIATION, IN ACCORDANCE WITH THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 CONSIDERING THE REPRESENTION DATED 15/10/2025 PRODUCED AT ANNEXURE M. C. GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT TO SECURE JUSTICE, EQUITY, AND PUBLIC INTEREST IN THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:16059 WP No. 33232 of 2025 ORAL ORDER The present writ petition is instituted seeking a direction against respondent No.2 to initiate appropriate proceedings for dissolution of respondent No.3–Association. The grievance of the petitioner, who claims to be a member of the said Association, is that respondent No.3 has ceased to function effectively after the year 1995. It is specifically contended that a majority of its members have expired, the remaining members are wholly inactive, and no annual returns, audit reports, or records evidencing constitution of a governing body have been submitted to the competent authority since April 1995. On this premise, the petitioner has submitted a representation dated 15.10.2025 (Annexure–M) requesting respondent No.2 to take necessary steps in accordance with law. - 4 - HC-KAR NC: 2026:KHC:16059 WP No. 33232 of 2025 2. Sections 12 and 13 of the Karnataka Societies Registration Act, 1960 (for short, “the Act”) cast a statutory obligation on every registered society to maintain proper accounts, subject them to audit, and periodically furnish requisite returns to the Registrar. The statutory framework further contemplates regulatory intervention in cases where a society remains defunct, fails to comply with mandatory requirements, or does not have a duly constituted governing body for a considerable period. In the present case, the material on record, coupled with the petitioner’s own averments, prima facie indicates prolonged non-compliance extending over several decades. Notwithstanding the same, respondent No.2 has not taken any discernible action on the representation submitted by the petitioner. Such inaction, in the face of statutory duties, cannot be countenanced. - 5 - HC-KAR NC: 2026:KHC:16059 WP No. 33232 of 2025 3. In view of the above, and without expressing any opinion on the merits of the claim for dissolution, this Court deems it appropriate to direct respondent No.2 to examine the petitioner’s representation dated 15.10.2025 (Annexure–M) and take a considered decision in accordance with law, strictly in consonance with the scheme and requirements of Sections 12 and 13 of the Act, within a reasonable timeframe. 3. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed in part. (ii) Respondent No.2 shall forthwith take cognizance of the representation submitted by the petitioner on 15.10.2025 as per Annexure-M and - 6 - HC-KAR NC: 2026:KHC:16059 WP No. 33232 of 2025 pass appropriate orders strictly aligning with the scheme provided under Sections 12 and 13 of the Act. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 51