IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.6303 of 2018(GM-KSR) BETWEEN:
SAMSON.D S/O DEVAIAH AGED ABOUT 44 YEARS R/A NO.21, ELIM HOUSE, 4TH CROSS, 5TH MAIN, CHANDRAMMA LAYOUT, DODDABANASWADI KALYAN NAGAR POST, BENGALURU - 560043 ... PETITIONER (BY SRI.DILRAJ ROHIT SEQUEIRA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF SOCIETIES OF REGISTRATION/CO-OPERATION, M S BUILDING, REARRESTED BY ITS PRINCIPAL SECRETARY BENGALURU - 560052 2. DISTRICT REGISTAR OF SOCIETIES/ DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, 2ND CIRCLE, RACE COURSE ROAD, KARNATAKA CO-OPERATIVE MARKETING FEDERATION BUILDING, BENGALURU - 560001 3. DISTRICT REGISTAR OF SOCIETIES/ DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, 3RD CIRCLE, CHAMRAJPET, PAMPA MAHAKAVI ROAD, BENGALURU - 560001 4. SUDHAKAR S/O LATE L.M.SWAMY AGED ABOUT 48 YEARS R/A NO.22/12, 5TH MAIN , 6TH CROSS, S.K.GARDEN BENSON TOWN POST, BENGALURU - 560043 5. MARTIN LUTHER S/O RAGHAVALU R/A NO.04, 8TH CROSS, PAPAIAH LAYOUT, KALYANANAGAR POST, BENGALURU - 560043 6. R.KRUPANANDAM S/O PRAKASH AGED ABOUT 50 YEARS R/A NO.858/1, MUNISWAMAPPA LAYOUT, 1ST CROSS, CHIKKABANASWADI, NEAR MARUTHI VIDYALAYA BENGALURU - 560043 7. S.P.VIJAY KUMAR S/O POLAIAH AGED ABOUT 46 YEARS R/A NO.28, 1ST CROSS, OPP SAKINA PRAYER HOUSE, BENSON TOWN POST, BENGALURU - 560043 8. GADDAM JOHN S/O PRASAD AGED ABOUT 44 YEARS R/A NO.10, MIZPAH TELUGU CHURCH C & IGM, POTTERY ROAD, RICHARDS TOWN , FRAZER TOWN POST, BENGALURU - 560005 9. RAJABABU AGED ABOUT 59 YEARS R/A NO.10, MIZPAH TELUGU CHURCH C & IGM, POTTERY ROAD, RICHARDS TOWN, FRAZER TOWN POST, BENGALURU - 560005 10. DAYARATHNAM AGED ABOUT 62 YEARS R/A NO.10, MIZPAH TELUGU CHURCH C & IGM, POTTERY ROAD, RICHARDS TOWN , FRAZER TOWN POST, BENGALURU – 560005 11. C.H.SUGHANDHARA RAO AGED ABOUT 65 YEARS, R/A NO.10, MIZPAH TELUGU CHURCH C & IGM, POTTERY ROAD, RICHARDS TOWN, FRAZER TOWN POST, BENGALURU - 560005 ... RESPONDENTS (BY SRI.V.SHIVAREDDY, HCGP FOR R1 TO R3;
SRI.S.SURESH KUMAR, ADVOCATE FOR R4 TO R11) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO THE R-1 TO 3 TO APPOINT AN ADMINISTRATOR TO MANAGE THE AFFAIRS OF THE MIZPAH TELUGU CHURCH SITUATED AT NO.10 POTTERY ROAD, BENGALURU-560005.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Dilraj Rohit Sequeira, learned counsel for the petitioner.
Sri.V.Shivareddy, learned High Court Government Pleader for respondent Nos.1 to 3.
Sri.S.Suresh Kumar, learned counsel for respondent Nos.4 to 11.
Sri.B.N.Manjunath, learned counsel for impleading applicant – I.A.No.1/2018.
In this petition, the petitioner inter-alia has prayed for a writ of mandamus seeking a direction to respondent Nos.1 to 3 to appoint an Administrator to manage the affairs of the Mizpah Telugu Church, Bengaluru.
2. When the matter was taken up today, learned counsel for the petitioner submitted that 1/3rd members of the governing body of the Society have filed an application under Section 25 of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as ‘the Act’ for short), before the Registrar. However, no action on the application submitted by the petitioner has been taken seeking initiation of enquiry into the affairs of the Society in question.
3. On the other hand, learned High Court Government Pleader submits that in case, such an application is pending, suitable action in accordance with law shall be taken.
4. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction that in case the application submitted by the petitioner under Section 25 of the Act is still pending consideration before the Registrar, the Registrar shall decide the application in accordance with law, preferably within a period of three months from the date of receipt of the certified copy of the order passed today, after affording an opportunity of hearing to the parties.
In view of the disposal of main petition, pending interlocutory application does not survive for consideration. Hence, dismissed.
Sd/- JUDGE dn/-