- 1 - HC-KAR NC: 2026:KHC-D:589 WP No. 109053 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 109053 OF 2025 (EDN-RES) BETWEEN: OLIVER S AIMEN AGE: 59 YEARS, CHAIRMAN OF ST. ANDREW’S EDUCATION SOCIETY, RESIDENT OF RAILWAY COLONY, GADAG ROAD, HUBLI-580020, DISTRICT DHARWAD. …PETITIONER (BY SRI. MANJUNATH A.KARIGANNAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO THE SCHOOL EDUCATION DEPARTMENT, 663 6TH FLOOR, M S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF COMMISSIONER FOR PUBLIC INSTRUCTIONS, RODDA ROAD, DHARWAD-580008. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, 7TH CROSS , M D PATRAVALI BUILDING, NEAR RAILWAY STATION, MALAMADDI, DHARWAD-580001. 4. BLOCK EDUCATION OFFICER, MANGALWAR PETH, DURGAD BAIL, NEW HUBLI, HUBBALLI-580020, DISTRICT: DHARWAD. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.30 10:50:52 +0530 - 2 - HC-KAR NC: 2026:KHC-D:589 WP No. 109053 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 TO 4 TO CONSIDER THE REPRESENTATIONS DATED. 09.10.2025 VIDE ANNEXURE-F, G AND H AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER 1. The petitioner has approached this Court seeking a writ of mandamus to direct respondent Nos.2 to 4 to consider the representations dated 09.10.2025 (Annexures - F, G and H) and to take action against certain Governing Council members of St. Andrews Franklin Aiman Education Society, alleging large scale fraud, misappropriation of funds and illegal usurpation of management of the Educational Institution. 2. Brief facts of the case: 2.1. The petitioner claims to be the Chairman and founding member of St. Andrew's Education - 3 - HC-KAR NC: 2026:KHC-D:589 WP No. 109053 of 2025 Society which runs educational institution at Hubballi. 2.2. It is a case of the petitioner that, after the death of his sister in January 2023, taking advantage of his vulnerable condition, one Chandrasekhar Narella allegedly misused his position and procured signature of the petitioner by illegal means, and unlawfully assumed control over the affairs of the Society. 2.3. It is further alleged that substantial financial irregularities and theft have taken place, including removal of gold jewelry and cash from a bank locker, in respect of which criminal proceedings have been initiated and FIRs have been registered. 2.4. The petitioner contends that, despite making representation to the respondent authority seeking intervention and protection of the - 4 - HC-KAR NC: 2026:KHC-D:589 WP No. 109053 of 2025 institution, no action has been taken necessitating the present writ petition. 3. Learned counsel appearing for the petitioner submits that the inaction on the part of the respondent authorities in not acting upon the representation is arbitrary and violating Article 14 of the Constitution. It is contended that, unless immediate steps are taken, the academic interest of the students and functioning of the institution would be seriously prejudiced. 4. Per contra, learned Additional Government Advocate submits that the dispute raised by the petitioner involves serious disputed questions of facts relating to management, control and financial affairs of a registered Society and therefore the writ petition is not maintainable. 5. Having regard to the submission made and perusal of the material on record, this Court finds that the allegation made by the petitioner pertains to fraud, - 5 - HC-KAR NC: 2026:KHC-D:589 WP No. 109053 of 2025 misappropriation, illegal assumption of management and internal dispute of a Society. Adjudication of such issue would necessarily require examination of disputed facts, documentary evidence and rival claims which cannot be undertaken under Article 226 of the Constitution of India. Further, it is not in dispute that criminal proceedings have already been initiated in respect of the alleged theft and financial irregularities. 6. Insofar as the disputes relating to the management and administration of the societies are concerned, the petitioner has an appropriate efficacious remedy under the Karnataka Cooperative Societies Registration Act, 1960 before the competent civil or statutory authorities. A writ can be issued only when there is a clear statutory duty cast upon the respondents and a corresponding enforceable right in favour of the petitioner. - 6 - HC-KAR NC: 2026:KHC-D:589 WP No. 109053 of 2025 7. In the present case the petitioner seeks, in substance, an indirect adjudication of the private disputes and enforcement of such rights, which is impermissible in writ jurisdiction. Therefore, this Court finds no ground to interfere and/or to issue the writ as sought. 8. Accordingly, this Court pass the following order: ORDER i. The writ petition is dismissed, however, liberty is reserved to the petitioner to approach the appropriate forum or authority and take such action as may be available in law, if so advised. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 24