IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.3024 OF 2019 (GM-KSR) BETWEEN:
SRI KALIDASA KURUBHA JANAGA KSHEMABHIVRUDDI SANGHA (R) GADDIGE CIRCLE, H.D. KOTE TALUK MYSURU DISTRICT-571 114 REPRESENTED BY ITS CHIEF SECRETARY. ... PETITIONER (BY SRI JAYAKUMAR S. PATIL, SR. COUNSEL FOR SRI SANDESH T.B., ADV.) AND:
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT REGISTRAR OF SOCIETIES MYSURU DISTRICT-570 001. …RESPONDENT (BY SRI V. SHIVAREDDY, H.C.G.P.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO ISSUE PRESENT TERM RENEWAL U/S. 13 OF KSR ACT FOR THE YEAR 2009-10 TO 2017-18, BY ACCEPTING THE RENEWAL FEE AND THE SCANNING FEE AND BALANCE SHEET, INCOME AND EXPENDITURE ACCOUNT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Jayakumar S. Patil, learned Senior counsel for Sri Sandesh T.B, learned counsel for petitioner.
Sri V. Shivareddy, learned High Court Government Pleader for respondent.
2. The writ petition is admitted for hearing.
With the consent of learned counsel for the parties, the matter is heard finally.
3. In this petition under Article 226 and 227 of the Constitution of India, the petitioner inter alia seeks a direction to the respondent to issue Present Term Renewal under Section 13 of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as ‘the Act’ for short) to the petitioner for the years 2009-2010 to 2017-2018, by accepting the renewal fee, scanning fee, balance sheet and income and expenditure account.
4. When the matter was taken up for consideration today, learned Senior counsel appearing for the petitioner submitted that under Section 13 of the Act, the Registrar of Societies has the power to issue Present Term Renewal Certificate. He also submits that the petitioner-society has submitted an application under Annexure-D for issuance of Present Term Renewal Certificate along with all the requisite documents to the respondent. However, the application submitted by the petitioner has failed to evoke response and the writ petition be disposed of with a direction to the respondent to take an appropriate decision on the application for issuance of Present Term Renewal Certificate which has been filed by the petitioner under Section 13 of the Act in respect of the years 2009-2010 to 2017-2018 by a speaking order.
5. On the other hand, learned High Court Government Pleader for the respondent submits that suitable action in accordance with law shall be taken.
6. In view of the submission made and in the facts of the case, the writ petition is disposed of with a direction to the respondent to consider and decide the application submitted by the petitioner under Section 13 of the Act for issuance of Present Term Renewal Certificate in respect of the years 2009-2010 to 2017- 2018 in accordance with law by a speaking order within a period of three months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid direction, the writ petition is disposed of.
Sd/- JUDGE ST