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2026 DAILYLAW 45941 (KAR)

SMT. MILDRED SAMS v. THE STATE OF KARNATAKA

WP/6327/2018 · 2026-01-14

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2172 WP No. 6327 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 6327 OF 2018 (GM-KSR) BETWEEN: 1. SMT. MILDRED SAMS W/O SRI.T.C.MURTHY, AGED ABOUT 72 YEARS, R/AT NO.11, ST.JOHNS CHURCH ROAD, NEXT TO BHARATHINAGAR POLICE STATION, FRAZER TOWN, BANGALORE-560 005. 2. SRI.ALFRED SAMS S/O LATE M.F.SAMS, R/AT NO.5 K 6TH STREET, ASHOKNAGAR, BANGALORE-560 025. …PETITIONERS (BY SRI. M P SRIKANTH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE- 560 001. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICES, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2172 WP No. 6327 of 2018 NRUPATHUNGA ROAD, K.R.CIRCLE, BANGALORE- 560 001. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS SECONDARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R.CIRCLE, BANGALORE- 560 001. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, BANGALORE NORTH DISTRICT, K.G.ROAD, BANGALORE-560 002. 5. THE REGISTRAR OF SOCIETIES OFFICE OF THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, II CIRCLE, BANGALORE DISTRICT, NO.32, II FLOOR, KARNATAKA STATE CO OPERATIVE FEDERATION BUILDING, DEVARAJ URS ROAD, MALLESWARAM, BANGALORE-560 003. 6. BANGALORE BHARATH SOCIAL SERVICES LEAGUE (R) NO.91/1, COLES ROAD, FRAZER TOWN, BANGALORE- 560 005 BY ITS PRESIDENT SMT.R.STELLA 7. DR.R.N.ASHOK KUMAR AGED MAJOR, SECRETARY AND TRASURER, BANGALORE BHARATH SOCIAL SERVICES LEAGUE - 3 - HC-KAR NC: 2026:KHC:2172 WP No. 6327 of 2018 NO.91/1, COLES ROAD, FRAZER TOWN, BANGALORE- 560 005. …RESPONDENTS (BY SMT. B.P.RADHA, AGA FOR R1 TO R5; SRI.V.A.MOHAN RANGAM, ADVOCATE FOR R6 AND R7) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ACKNOWLEDGEMENT DTD 9.8.2017 ISSUED BY THE REGISTRAR OF SOCIETIES VIDE ANNEXURE-AP ACCEPTING THE AUDITED ACCOUNTS FOR THE YEAR 2015-16 TO 2016-17 AND THE LIST OF OFFICE BEARERS FOR THE YEARS 2016-17 TO 2017-18., AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The present petition is filed seeking following reliefs: a) Quash the acknowledgement bearing No.74/1962-63 dated 09.08.2017 issued by the Registrar of Societies vide ANNEXURE-'AP' accepting the Audited Accounts for the year 2015-16 to 2016-17, and the list of office bearers for the years 2016-17 to 2017-18. b) Consider the representation of the 1st Petitioner dated 06.12.2017 addressed to the Registrar of Societies vide ANNEXURE-'AX'. - 4 - HC-KAR NC: 2026:KHC:2172 WP No. 6327 of 2018 c) Consider the representation of the 1st Petitioner dated 03.10.2017 addressed to the Registrar of Societies, IV Circle, and II Circle, vide ANNEXURE-'AU'. d) Consider the representation of the 1st Petitioner dated 09.11.2017 addressed to the Deputy Director of Public Instructions, Bangalore North District, vide ANNEXURE-'AW'. e) Grant consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity. 2. The learned counsel for the petitioners submits that a suit in O.S.No.3149/2013 is filed by the petitioners, against the same respondent is seeking identical reliefs. However, he submits that the present petition was constrained to be filed in view of the Registrar accepting the list of office bearers for the years 2016, 2017 to 2018, which is a subsequent event. 3. Heard the learned counsel for both the parties and perused the material placed on record. 4. Since the dispute appears to be between two groups of members of a society registered under the - 5 - HC-KAR NC: 2026:KHC:2172 WP No. 6327 of 2018 Karnataka Societies Registration Act, 196, and in the light of suit already having been filed, this Court do not find any reason to show any indulgence in a parallel proceedings of this nature. 5. Petitioners who are the plaintiffs in the said suit are at liberty to raise issues urged in this petition before the trial Court in the pending suit and seek such remedy as may be permissible under law. 6. Keeping open all the contentions to be urged before the trial Court and reserving liberty to seek such remedy as may be available, the petition stands disposed of. Sd/- (M.G.S. KAMAL) JUDGE HR List No.: 1 Sl No.: 1