IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.42213 OF 2017 C/W WRIT PETITION NO.41854 OF 2017, WRIT PETITION NO.34831 OF 2017 & WRIT PETITION Nos.49303-305 OF 2016 (GM-KSR) WRIT PETITION NO.42213 OF 2017 BETWEEN:
P. SHRINIVASA DEVADIGA S/O ISHWARA DEVADIGA AGED ABOUT 61 YEARS R/AT SHRIJAYA HOUSE NO.1-4-134 H1 K.H.B. COLONY, DODDANAGUDDE UDUPI TALUK AND DISTICT-576102.
(By Mr. K. CHANDRASHEKAR ACHAR, ADV.) … PETITIONER AND:
1. STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF STAMPS AND REGISTRATION M.S.BUILDING, BENGALURU-560 001.
2. THE DISTRICT REGISTRAR & REGISTRAR OF SOCIETIES RAJATHADRI BUILDING, MANIPAL UDUPI TALUK AND DISTRICT-576104.
3. DEVADIGARA SEVA SANGHA REGD. OFF DEVADIGARA BHAVANA CHITPADY, UDUPI-576101 REP BY ITS SECRETARY.
… RESPONDENTS (By Smt. H.C. KAVITA, LEARNED HCGP FOR R1 & R2 Mr. AJITH ANAND SHETTY, ADV., FOR R3) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the notice dated 1.9.2017 issued by the election officer of R-3 at Annex-J. Direct R2 to appoint Administrator and supervisor to conduct fresh election to R-3 immediately with approved voters list prevailing in the year 2014 and etc.
WRIT PETITION NO.41854 OF 2017 BETWEEN:
PRABHAKAR S/O SUNDAR DEVADIGA AGE 45 YEARS R/O VATSALYA KORANGRAPADY UDUPI-576104.
… PETITIONER (By Mr. MAHESH R. UPPIN, ADV.) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF STAMPS & REGISTRATION M.S. BUILDING, BENGALURU-560 01.
2. DISTRICT REGISTRAR & REGISTRAR OF SOCIETIES RAJATHADRI BUILDING, MANIPAL UDUPI DISTRICT-576104.
3. DEVADIGARA SEVA SANGHA CHITPADY REGISTERED OFFICE “DEVADIGARA BHAVANA UDUPI-576101 BY ITS SECRETARY.
… RESPONDENTS (By Smt. H.C. KAVITA, HCGP FOR R1 & R2 Mr. AJITH ANAND SHETTY, ADV., FOR R3) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the notice dated 1.9.2017 issued by the R3 vide Annex-F. Grant an interim order to stay the operation of the notice dated 1.9.2017 issued by the R3 vide Annex-F and etc.
WRIT PETITION NO.34831 OF 2017 BETWEEN:
PRABHAKAR S/O SUNDAR DEVADIGA AGE 45 YEARS R/O VATSALYA KORANGRAPADY UDUPI-576104.
(By Mr. MAHESH R. UPPIN, ADV.) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY … PETITIONER DEPARTMENT OF STAMPS & REGISTRATION M.S. BUILDING, BENGALURU-560 01.
2. DISTRICT REGISTRAR & REGISTRAR OF SOCIETIES RAJATHADRI BUILDING, MANIPAL UDUPI DISTRICT-576104.
3. DEVADIGARA SEVA SANGHA CHITPADY REGISTERED OFFICE “DEVADIGARA BHAVANA UDUPI-576101 BY ITS GENERAL SECRETARY.
… RESPONDENTS (By Smt. H.C. KAVITA, HCGP FOR R1 & R2 Mr. AJITH ANAND SHETTY, ADV., FOR R3) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the notice dated 2.7.2016 issued by the R3 marked as Annex-D. Direct the R-1 and 2 to appoint an Administrator to the R-3 and to hold the election to the committee of Management of the R-3 in accordance with law & etc.
WRIT PETITION NOs.49303-305 OF 2016 BETWEEN:
1. SRI. SRIDHARA DEVADIGA S/O NARAYANA SHERIGAR AGED ABOUT 62 YEARS R/AT. ‘ANUSHREE’, KASTURBA NAGAR 76 BADAGUBETTU VILLAGE CHITPADI, UDUPI TALUK AND DISTRICT - 576 101.
2. SRI. MANOHARA DEVADIGA S/O VASU DEVADIGA AGED 46 YEARS R/AT ACHADA HOUSE KATAPADY POST UDUPI TALUK AND DISTRICT- 574 105.
3. P. SHRINIVASA DEVADIGA S/O ISHWARA DEVADIGA AGED ABOUT 61 YEARS R/AT SHRIJAYA, HOUSE NO.1-4-134H1 K.H.B. COLONY, DODDANAGUDDE UDUPI TALUK AND DISTRICT - 576 102.
… PETITIONERS (By Mr. K. CHANDRASHEKAR ACHAR, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF STAMPS & REGISTRATION M.S. BUILDING, BENGALURU-560 01.
2. THE DISTRICT REGISTRAR & REGISTRAR OF SOCIETIES RAJATHADRI BUILDING, MANIPAL UDUPI TALUK AND DISTRICT-576104.
3. DEVADIGARA SEVA SANGHA REGISTERED OFFICE “DEVADIGARA BHAVANA CHITPADY, UDUPI-576101 BY ITS SECRETARY.
(By Smt. H.C. KAVITA, HCGP FOR R1 & R2 … RESPONDENTS Mr. AJITH ANAND SHETTY, ADV., FOR R3) - - -
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to quash the notice dated 24.8.2016 (30.8.2016) issued by the election officer of R3 vide Annexure-M. Direct to the R2 to appoint Administrator and Supervisor to conduct fresh Election to the R3 immediately & etc.
These Petitions coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.K.Chandrashekar Achar and Sri.Mahesh R.Uppin, learned counsel for the petitioners.
Smt.H.C.Kavita, learned High Court Government Pleader for the respondent Nos.1 and 2.
Sri.Ajith Anand Shetty, learned counsel for the respondent No.3.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners have sought for the quashment of the impugned notices issued by the respondent No.3.
4. When the matter was taken up today, learned counsel for the petitioners submitted that neither the elections in the Society are being held nor the administrator has been appointed. On the other hand, learned High Court Government Pleader submits that the respondents have also found that the affairs of the respondent No.3 Society are being mismanaged.
5. In view of the aforesaid submissions made by the learned High Court Government Pleader, I deem it appropriate to dispose of the writ petitions with a direction to the competent authority to appoint an administrator to manage the affairs of the respondent No.3 Society, who shall hold the elections of respondent No.3 Society within a period of four months from the date the administrator assumes charge of the Society, in accordance with law.
Accordingly, the petitions are disposed of.
Sd/- JUDGE RV