IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.44304 OF 2016 (GM-KSR) BETWEEN:
SHREE SWARNAMBA VIDYA SAMITI (R) HONNUDIKE, GULUR HOBLI-572 122, TUMKUR TALUK AND DISTRICT, REPRESENTED BY ITS SECRETARY, SRI. H.S. KUMAR, S/O. LATE CHIKKARANGANNA, R/AT HONNUDIKE, GULUR HOBLI-572 122, TUMKUR TALUK AND DISTRICT. … PETITIONER (By Mr. V B SIDDARAMAIAH, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.
2. THE DISTRICT REGISTRAR TUMKUR DISTRICT, MINI VIDHANA SOUDHA, TUMKUR-572 101.
3. THE TAHASILDAR GRADE-I TUMKUR TALUK AND ADMINISTRATOR, SHREE SWARNAMBA VIDYA SAMSTHE (R) MINI VIDHANA SOUDHA, TUMKUR-572 101. … RESPONDENTS (By Mr. V SHIVAREDDY HCGP FOR R1 TO R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the Notification Dtd:11.7.2016 issued by the R-3 The Administrator of Shree Swarnamba Vidya Samiti, Honnudike, Tumkur Taluk, vide Annexure-E and all its consequential proceedings and orders and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.V.B.Siddaramaiah, learned counsel for the petitioner.
Sri.V.Shivareddy, learned High Court Government Pleader for the respondent Nos.1 to 3.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
i) issue Writ Certiorari or any other writ or order or orders to quash the notification dated:11.7.2016, bearing No. Nil, issued by the R- 3, the administrator of Shree Swarnamba Vidya Samiti, Honnudike, Tumkur Taluk, vide Annexure- E, and all its consequential proceedings and orders.
ii) Issue writ of certiorari or any other writ or order or orders to quash the government order No.Kam Ee 33 Mu Noo Soo 2014 dated: 23.1.2016 issued by the Government of Karnataka, Department of Revenue, Dr.Ambedkar Veedhi, Bangalore, vide Annexure-D1 and all its consequential proceedings.
iii) Issue any other writ or order or orders as this Hon’ble Court be deems fit it necessary under the facts and circumstances of the case in the interest of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the administrator was appointed by an order dated 23.01.2016 for a period of six months. The aforesaid period of six months has expired. It is further submitted that the administrator issued a notice dated 11.07.2016 for which he had invited applications from various persons for becoming the members of the Society. It is further submitted that in view of the law laid down by this Court in the case of ‘MAHARUDRAPPA SIRSE Vs. STATE OF KARNATAKA AND OTHERS’ 1999 (4) KLJ 346, the administrator has no power to enroll new member to the Society.
5. In view of the aforesaid submissions and taking into account the fact that the tenure of administrator has already come to an end by efflux of time, nothing survives for adjudication in this petition. However, the petition is disposed of with a liberty to the petitioner to assail the enrollment of the new members to the Society, if any, in response to the notification dated 11.07.2016, before appropriate forum in accordance with law.
Sd/- JUDGE RV