IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.14784/2017 (GM-KSR) BETWEEN:
SHARANA SAMAJA (R) VIDE REGISTRATION NO.599/2002-03, HAVING ITS REGD. OFFICE AT NO. 168, PAVITHRA 5TH MAIN ROAD, 4TH CROSS, NGEF LAYOUT, SANJAYNAGAR, BENGALURU-560 094, REP. BY ITS PRESIDENT, SRI. DR. C.S. KANABARAGI MATA, S/O. LATE SIDDAVEERAIAH, AGED ABOUT 74 YEARS, (BY SRI NAGARAJA S, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
2. THE REGISTRAR OF SOCIETIES BENGALURU URBAN DISTRICT, ZONE-I, O/O THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, KARNATAKA STATE CO-OPERATIVE FEDERATION BUILDING, 2ND FLOOR, RACE COURSE ROAD, BENGALURU-560 009.
... PETITIONER 3. DR. GIRISH K. NASHI S/O K.G. NASHI, AGED ABOUT 56 YEARS, #76, N.S. FARM ROAD, SANJAYNAGAR, BENGALURU-560 094, SELF DECLARED AS AN UNAUTHORIZED PRESIDENT OF SHARANA SAMAJA & UNAUTHORIZED EXECUTIVE COMMITTEE.
(BY SRI M A SUBRAMANI, HCGP. FOR R1 & R2 ... RESPONDENTS SMT. B. O. CHANDRASHEKAR, ADV. FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT THE R-2 TO DECIDE AND DISPOSE THE COMPLAINT LODGED BY THE PETITIONER DATED 14.09.2016 AS EARLY AS POSSIBLE VIDE ANNEXURE-F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court seeking issue of mandamus to direct respondent No.2 to decide and dispose of the complaint lodged by the petitioner, dated 14.09.2016 as at Annexure-F to the petition.
2. The petitioner claims to be the President of the Managing Committee of the Sharana Samaja ® which according to him had been duly constituted. The case of the petitioner is that respondent No.3 though has no right whatsoever is calling himself to be the President of the said Sharana Samaja and in that regard has filed the documents indicating compliance and is disturbing the affairs of the Samaja. Hence, the petitioner has made a complaint to respondent No.2 as at Annexure-F to the petition. Since respondent No.2 has not considered and disposed of the same, the petitioner is before this Court.
3. Respondent No.3 has appeared herein and filed the objection statement opposing the claim of the petitioner. It is contended that respondent No.3 is the duly elected President of the Samaja. Reference is also made to a suit in O.S.No.6836/2016 said to have been filed by the petitioner herein seeking injunction against respondent No.3 which is pending consideration before the Court below. It is further contended in the objections that an application in IA No.2 filed under Order 39 Rules 1 and 2 of CPC by the petitioner before the Court below has been dismissed. Therefore, the petitioner cannot claim any better right in this petition is the contention.
4. Though rival contentions in the instant petitions have been urged, keeping in view the fact that respondent No.2, who is the competent authority under the Societies Registration Act is required to take note of the same and arrive at a conclusion keeping in view Section 25 of the said Act, it is appropriate that respondent No.2 takes a decision in the matter. Hence, without determining the rights of the parties herein, the appropriate course would be to direct respondent No.2 to take note of the complaint dated 14.09.2016, issue notice to the petitioner and respondent No.3 and take a decision. Hence respondent No.2 to secure all documents in that regard and take a decision in accordance with law. The decision in any event shall be taken within a period of three months from the date of first appearance before the first respondent.
The petition is accordingly disposed of.
Sd/- JUDGE akc/bms