- 1 - HC-KAR NC: 2026:KHC:225 WP No. 23070 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23070 OF 2025 (GM-KSR) BETWEEN: VISHWAMANGALA EDUCATION SOCIETY (REGD.) MANGALORE UNIVERSITY CAMPUS, MANGALAGANGOTRI-574199 DAKSHINA KANNADA (DIST.) REPRESENTED BY ITS PRESIDENT PROFESSOR JAGADEESH PRASAD D, S/O LATE DASAPPA, AGED ABOUT 55 YEARS. …PETITIONER (BY SRI. SREEDHAR K.,ADVOCATE) AND: 1. DEPUTY REGISTRAR OF CO OP SOCIETIES JANATHA BAZAAR, 1ST FLOOR, GANAPATI HIGH SCHOOL, MANGALORE-575001. 2. THE BRANCH MANAGER, BANK OF BARODA, MANGALAGANGOTRI, KONAJE BRANCH, MANGALORE-574199. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:225 WP No. 23070 of 2025 3. THE ASST. GENERAL MANAGER, REGIONAL HEAD, MANGALORE CITY REGION, BANK OF BARODA, MANGALORE-575003. 4. HARISH POOJARI, AGED ABOUT 53 YEARS MAJOR, S/O JINNAPPA POOJARI, PLUMBER, GROUP 'D' OFFICIAL, ENGINEERING DEPARTMENT, MANGALORE UNIVERSITY, MANGALORE-574199. 5. ABID MANNA, MAJOR, AGED ABOUT 55 YEARS ATTENDER, REGISTRAR EVALUATION, MANGALORE UNIVERSITY, MANGALORE-574199. …RESPONDENTS (BY SRI.B. RAVINDRANATH, AGA FOR R1; SRI. T.P. MUTHANNA, ADVOCATE FOR R2 & R3; SRI. KETHAN KUMAR., ADVOCATE FOR R4 & R5) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE WRIT OF CERTIORARI THE IMPUGNED ENDORSEMENT BEARING NO. DRP.SANGHA. DOORU.01.2025-26 DATED 24/06/2025 VIDE ANNEXURE-M PASSED BY THE 1ST RESPONDENT AND ALSO IMPUGNED LETTER BEARING NO.ROMANG. LEGAL.38.2025 DATED 22/07/2025 VIDE - 3 - HC-KAR NC: 2026:KHC:225 WP No. 23070 of 2025 ANNEXURE-R PASSED BY THE 3RD RESPONDENT AS THE SAME ARE ILLEGAL, ARBITRARY AND UNSUSTAINABLE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is a Society registered under the Karnataka Societies Registration Act, 1960 [for short, 'the Act'] and the petitioner's case is that it is running educational institutions under its aegis. The petitioner is aggrieved by the first respondent's Endorsement dated 24.06.2025 [Annexure-M] and the third respondent's Communication dated 22.07.2025 [Annexure-R]. The first respondent by the impugned Endorsement dated 24.06.2025 has informed the petitioner's President/Secretary that, because the Managing Committee is constituted contrary to the bye-laws, the Committee must be reconstituted by the earlier Committee in a - 4 - HC-KAR NC: 2026:KHC:225 WP No. 23070 of 2025 transparent manner. The first respondent's opinion on violation of the bye-laws and constitution of the Managing Committee is expressly stated to be a prima facie view. The third respondent, with whom the petitioner maintains an account, has refused to permit the petitioner to operate its account because of the Endorsement dated 24.06.2025. 2. This Court, on 20.08.2025, has permitted the petitioner to withdraw a sum of Rs.20,60,455/- to defray certain expenses on the condition that its President shall file an affidavit on the utilization of the amount. On 26.09.2025, this Court has once again permitted the petitioner to withdraw a further sum of Rs.25,00,000/-. When queried on the receipts during the pendency of the petition, Sri.Sreedhar K., the learned counsel for the petitioner, submits that a separate account is maintained for the amounts received during the pendency of the petition and the details of such receipts would be part of the accounts - 5 - HC-KAR NC: 2026:KHC:225 WP No. 23070 of 2025 that will have to be filed in compliance with the requirement under the Act. 3. Sri B. Ravindranath, the learned Additional Government Advocate for the first respondent, and Sri Kethan Kumar, the learned counsel for the fourth and fifth respondents, are heard on the merits of the first respondent's Endorsement dated 24.06.2025 while Sri..P.Muthanna, the learned counsel for the second and third respondents, is heard on the petitioner's grievance with the Communication dated 22.07.2025 [Annexure-R] with Sri T.P.Muthanna being categorical that the third respondent will not have a cause against the petitioner's utilisation of the amount if there is any intervention by this Court with the Endorsement dated 24.06.2025. 4. 4. Sri B.Ravindranath and Sri Kethan Kumar submit that, with the constitution of the Managing Committee, a complaint is filed by the fourth and fifth - 6 - HC-KAR NC: 2026:KHC:225 WP No. 23070 of 2025 respondents about those ineligible being incorporated into the Managing Committee and that the first respondent's view is based on a reading of the bye- laws upon a prima facie appreciation. However, the learned counsels cannot dispute that even if there could be a case against the constitution of the Managing Committee that cause must be agitated in a properly instituted civil suit and need not be a matter of inquiry under the provisions of the Act. 5. This stand is conclusive insofar as the merits of the first respondent's Endorsement and consequently, there must be intervention even with Annexure-R issued by the third respondent, but this Court must also hasten to add that this disposal cannot in any manner foreclose the remedy that would be available to the fourth or the fifth respondents or others who could have a cause with the constitution of the Managing Committee. In the light of the afore, the following: - 7 - HC-KAR NC: 2026:KHC:225 WP No. 23070 of 2025 ORDER [a] The petition is allowed and the first respondent's Endorsement dated 24.06.2025 [Annexure-M] is quashed but without prejudice to either the fourth or the fifth respondent or any other similarly placed person to invoke the jurisdiction of the competent Civil Court and this observation is subject to all just exceptions in law. [b] The third respondent's Communication dated 22.07.2025 [Annexure-R] is also quashed observing that this disposal shall not in any manner obfuscate the petitioner's obligation to render the accounts as contemplated under Section 13 of the Act. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr