IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF JANUARY 2019 BEFORE The Hon’ble Mr. Justice B. M. Shyam Prasad Writ Petition Nos.1166-68 Of 2016 (gm-ksr) Between :
1. SRI.K.N.NANJUNDAIAH SON OF NANJAPPA AGED ABOUT 59 YEARS KESTUR – 572 102 TUMKUR TALUK AND DISTRICT.
2. SRI. K. V. SIDDAPPA SON OF VEEREGOWDA AGED ABOUT 78 YEARS RESIDING AT KANCHENAHALLI VILLAGE KEMPANA DODDI POST TUMKUR TALUK AND DISTRICT.
3. SRI. K. H. SIDDALINGAPPA SON OF HONNAPPA AGED ABOUT 86 YEARS RESIDING AT KODIHALLI VILLAGE KESTUR POST KORA HOBLI TUMKUR TALUK AND DISTRICT.
(BY SRI. PADMANABHA. R, ADVOCATE) AND:
1. THE DISTRICT REGISTRAR AND REGISTRAR OF SOCIETIES ... PETITIONERS TUMKUR DISTRICT TUMKUR – 572 101.
2. K. S. SHANKAR SON OF K A SIDDALINGAPPA MAJOR IN AGE KESTUR TUMKUR TALUK AND DISTRICT – 572 102.
(BY SRI. D.R. ANANDEESHWAR, HCGP FOR R1 ) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD:10.9.2015 PASSED BY THE R-1 VIDE ANNEXURE-J AND CONSEQUENTLY ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE R-1 TO RECONSIDER THE MATTER AFRESH AFTER CONSIDERING THE WRITTEN SUBMISSION AND WORTHLY DOCUMENTS SUBMITTED BY THE PETITIONERS AND PASS APPROPRIATE ORDERS FORTHWITH.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
Order A representation was submitted on 23.10.2007 contending that Sri Siddeshwara Rural Education Society, a Society registered under the provisions of the Karnataka Societies Registration Act 1960, was being converted into a ‘Trust’ after annulling the membership of about 458 members. The respondent No.1 – District Registrar and Registrar of Societies Tumakuru District, Tumakuru, issued an Endorsement dated 4.12.2007 stating that no action could be taken on the basis of the aforesaid representation. This Endorsement dated 4.12.2007 was impugned in W.P.No.5388/2008.
2. This Court allowed the writ petition in W.P.No.5388/2008, and the Endorsement dated 4.12.2007 was set aside remitting the matter back to the respondent No.1 to reconsider the aforesaid representation in the light of the rival claims. This order in W.P.No.5388/2008 was called in question in the writ appeals in W.A.Nos.3534-3542/2009. The Division Bench of this Court affirmed the orders in the aforesaid writ proceedings clarifying that what was set aside, because of certain confusion canvassed, was the Endorsement issued by the respondent No.1 and not the representation dated 23.10.2007.
3. Thereafter, the respondent No.1 issued notice calling upon the petitioners to file their complaints along with the documents (and, it is undisputed that similar notice was issued to the respondent No.2 - rival party). The respondent No.1, considering the respective cases/documents, and after elaborate discussions, concluded inter alia that M/s. Siddeshwara Rural Educational Society continues as a ‘Society’ registered under the provisions of the Karnataka Societies Registration Act, 1960 and received the annual reports filed on behalf of the ‘Society’ through its Secretary/respondent No.2. The respondent No.1 in the course of this impugned order has categorically held that the respondent No.1 is not adjudicating upon any rival claim and the nature of the complaint by the petitioners would be outside the scope of enquiry.
4. The learned counsel for the petitioners though submitted that the impugned order is in violation of principle of natural justice inasmuch as personal hearing has not been afforded to the petitioners, did not dispute that the impugned order is categorical that Sri Siddeshwara Rural Education Society, continues as a ‘Society’ registered under the provisions of the Karnataka Societies Registration Act 1960, and insofar as the other grievance as against the respondent No.2, annulment of membership of about 458 members, there is no decision by the respondent No.1 by the impugned order.
5. Sri. Anandeeshwara, the learned HCGP also accepts that the finding by the respondent No. 1 is that Sri Siddeshwara Rural Education Society, continues as a ‘Society’ registered under the provisions of the Karnataka Societies Registration Act 1960 and there is no adjudication on other issues. Thus, the petitioners’ grievance as against conversion of the ‘Society’ into a ‘Trust’ does not survive inasmuch as it is held in definite terms that Sri Siddeshwara Rural Education Society, continues as a ‘Society’ registered under the provisions of the Karnataka Societies Registration Act 1960. However, if the petitioners are aggrieved by the manner in which Sri Siddeshwara Rural Education Society is being run, given the disputed questions of the facts, the petitioners perforce will have to have recourse to such proceedings as would be permissible in law. Therefore, the writ petitions are disposed of reserving liberty to the petitioners, subject to all permissible exceptions in law, to initiate appropriate proceedings for redressal of their other grievances.
SD/- JUDGE SA