IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.21457/2019 (GM-POLICE) C/W.
WRIT PETITION NOS.15751-760/2019 IN W.P.NO.21457/2019 BETWEEN MUNISWAMY K, S/O LATE KRISHNAPPA, AGED ABOUT 50 YEARS, PRESIDENT - KUMBARARA SANGHA ®, R/O NO.2708, 7TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGAR II STAGE, BENGALURU – 560 040. NO.13, KALASIPALYAM NEW EXTENSION, BENGALURU – 560 002.
... PETITIONER (BY SRI. AMRUTHESH N.P., ADV.) AND 1. STATE OF KARNATAKA, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU – 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE COMMISSIONER OF POLICE, BENGALURU CITY, INFANTRY ROAD, BENGALURU – 560 001.
3. N R MAHANTA REDDY, ASSISTANT COMMISSIONER OF POLICE, CHICKPET SUB-DIVISION, CHICKPET, BENGALURU – 560 053.
4. THE STATION HOUSE OFFICER, KALASIPALYA POLICE STATION, KALASIPALYA, BENGALURU – 560 002.
5. S GOVINDA, S/O SRIRAMAPPA, AGED 43 YEARS (CLAIMING AS THE PRESIDENT OF KUMBARARA SANGHA) NO.46, 8TH CROSS, AGRAHARA DASARAHALLI, BENGALURU – 560 079.
6. KUMBARARA SANGHA ®, NO.13, KALASIPALAYAM NEW EXTN., BENGALURU – 560 002.
REPRESENTED BY ITS SECRETARY G RAMAPPA ... RESPONDENTS (BY SRI.B.BALAKRISHNA, AGA FOR R1, R2 AND R4; SRI.RAMACHANDRA R NAIK, ADV., FOR R5; SRI.M.JAI PRAKASH REDDY, ADV., FOR R6; NOTICE TO R3 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO ACT ON THE COMPLAINT FILED BY THE PETITIONER IMMEDIATELY AND TO TAKE ACTION ON THE CONCERNED PERSONS TO MAKE A WAY TO RUN THE R-6 SANGHA SMOOTHLY AND ETC., IN W.P.NOS.15751-15760/2019 BETWEEN:
1. SRI.S.GOVIND, S/O SREERAMAPPA, AGED ABOUT 43 YEARS, 2. SRI.S.K.NAGARAJU, S/O LATE S.C.K. NAGAPPA, AGED ABOUT 53 YEARS, 3. SRI.G.MAHESH, S/O D.K. GOPAL, AGED ABOUT 30 YEARS, 4. SRI.B.N.RAJU, S/O A.NARAYANAPPA, AGED ABOUT 57 YEARS, 5. SRI.K.MUNIRAJU, S/O LATE KRISHNAPPA, AGED ABOUT 38 YEARS, 6. SRI.A.SHIVAKUMAR, S/O D.K. AMARENDRA, AGED ABOUT 32 YEARS, 7. SRI. RAMESH, S/O LATE RAMASHETTY, AGED ABOUT 39 YEARS, 8. SRI.SRIKANTA M., S/O LATE MADASHETTY, AGED ABOUT 45 YEARS, 9. SRI.R.CHANDRASHEKAR, S/O LATE RAMAIAH, AGED ABOUT 34 YEARS, 10. SRI.D.NAGARAJ, S/O DASAPPA, AGED ABOUT 50 YEARS, ALL ARE ELECTED MEMBERS OF KUMBARARA SANGHA (R), NO.13, KALASIPALYAM NEW EXTENSION, BENGALURU – 560 002.
…PETITIONERS (BY SRI.NAIK RAMACHANDRA RAMA, ADV.,) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF HOME AFFAIRS, REPRESENTED BY ITS SECRETARY, M.S.BUILDING, BENGALURU – 560 001.
2. INSPECTOR OF POLICE, KALASIPALYAM POLICE STATION, KALASIPALYAM, BENGALURU – 560 002.
3. SRI.M.SHIVA KUMAR, AGE MAJOR, S/O NOT KNOWN TO PETITIONERS, INSPECTOR OF POLICE, KALASIPALYAM POLICE STATION, KALASIPALYAM, BENGALURU – 560 002.
4. THE KUMBARARA SANGHA (R), NO.13, KALASIPALYAM NEW EXTENSION, BENGALURU – 560 002.
BY ITS SECRETARY.
…RESPONDENTS (BY SRI.M. JAI PRAKASH REDDY, ADV., FOR R4; SRI.B. BALAKRISHNA, AGA. FOR R1 AND R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 NOT TO INTERFERE IN THE ADMINISTRATION OF R-4 SANGHA BY THE DULY ELECTED MANAGING COMMITTEE AS PER THE ENDORSEMENT DATED 23.02.2019 ISSUED BY THE REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETIES VIDE ANNEXURE – B AND DIRECT THE R-2 AND 3 TO OPEN THE LOCK OF THE OFFICE ROOM OF THE R-4 SANGHA AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER IN W.P.NO.21457/2019 Sri Amruthesh N.P., learned counsel for the petitioner.
Sri.B.Balakrishna, learned Additional Government Advocate for respondent Nos.1, 2 and 4.
Sri.Ramachandra R Naik, learned counsel for respondent No.5.
Sri.M.Jai Prakash Reddy, learned counsel for respondent No.6.
IN W.P.NOS.15751-15760/2019 Sri Naik Ramachandra Rama, learned counsel for petitioners.
Sri.M. Jai Prakash REDDY, learned counsel for respondent No.4.
Sri.B. Balakrishna, learned Additional Government Advocate for respondent Nos.1 and 2.
The petitions are admitted for hearing. With the consent of the parties, they are heard finally.
2. In these petitions filed under Articles 226 and 227 of the Constitution of India, the petitioners inter alia have prayed for the following reliefs:
IN W.P.NO.21457/2019 “(i) Issue a Writ in the nature of mandamus directing the 4th Respondent to act on the complaint filed by the Petitioner immediately and to take action on the concerned persons to make a way to run the 6th Respondent Sangha smoothly, in the interest of equity and justice.
(ii) Issue a writ of mandamus, direction to the 2nd Respondent to monitor the activities of the 4th Respondent in providing the police protection to the Petitioner and to the 6th Respondent for running the activities of the Sangha, in the interest of equity and justice.
(iii) Issue a Writ of mandamus to conduct the enquiry by the 2nd Respondent in respect of the 3rd and 4th Respondents, for their dereliction of their duty in disobeying the Hon’ble High Court order and direct the 2nd Respondent to place the enquiry report before this Hon’ble Court for further action, in the interest of equity and justice.”
IN W.P.NOS.15751-15760/2019 “(a) Issue a writ in the nature of mandamus or any other appropriate writ order or direction directing the respondents 2 & 3 not to interfere in the administration of respondent No.4 Sangha by the duly elected managing committee as per the endorsement dated 23-02-2019 in No. DRB/SOR/34/2018-19 issued by the Registrar of Societies & Deputy Registrar of co-operative Societies vide Annexure – B and direct the respondents 2 & 3 to open the lock of the office room of the respondent No.4 Sangha.
(b) Issue a writ in the nature of mandamus directing the respondent No.1 to initiate appropriate departmental disciplinary action against the respondent NO.3 for misusing the office and for his illegal activities.
(b) Such other writ or order or direction as deems fit under the circumstances of the case including an order for costs in the interest of justice and equity.”
3. When the matters are taken up today, learned counsel for the petitioners submitted that the petitioners be disposed by granting liberty to submit representation to respondent No.2 and the respondent No.2 may be directed to consider the representation after affording opportunity to necessary parties and pass appropriate order within a specific time period.
4. Learned Additional Government Advocate submits that suitable action will be taken in accordance with law.
5. In view of the submissions and in the facts and circumstances of the case, the petitions are disposed of with a direction that in case the petitioners submit representation to respondent No.2 within a period of one week from the date of the receipt of the certified copy of the order passed today, respondent No.2 shall after affording opportunity to the necessary parties shall decide the same by a speaking order within a period one month from the date of submitted the representation. Accordingly, writ petitions are disposed of.
Sd/- JUDGE nvj