IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.30946 OF 2016 (GM-KSR) BETWEEN:
SRI. RUDRESHWARA EDUCATION SOCIETY (R) HESARAHALLI, NITTUR HOBLI GUBBI TALUK, TUMKUR-572216.
REP. BY ITS SECRETARY SRI. G. PANCHAKASHARAIAH S/O SRI. GURUVEERAIAH AGED ABOUT 55 YEARS R/O. 9TH CROSS, S.S. PURM TUMKUR-572102. … PETITIONER (By Mr. M.V. HIREMATH, ADV.) AND:
1. THE SECRETARY DEPARTMENT OF REVENUE AND STAMPS GOVERNMENT OF KARNATAKA M.S. BUILDING, BENGALURU-560001.
2. THE INSPECTOR GENERAL DEPARTMENT OF REGISTRATION AND STAMPS KANDAYA BHAVAN, 8TH FLOOR K.G. ROAD, BENGALURU-560001.
… RESPONDENTS (By Ms. H.C. KAVITA, LEARNED HCGP) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order dated 19-5-2016 as per Annexure-D issued by R-1. Retain the department of Registration with the department of Revenue and Stamps and etc.
This Writ Petition coming on for hearing this day, the Court made the following:-
ORDER None had appeared on behalf of the petitioner on 04.12.2018. None has appeared even today.
Smt.H.C.Kavita, learned High Court Government Pleader for the respondent.
3. In this petition under Articles 226 & 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 19.05.2016 passed by respondent No.1, by which direction has been issued to restore the Department of Registration with Department of Co-operation.
4. When the matter was taken up today, learned Government Advocate submitted that the State Government in exercise of executive powers has taken a policy decision to transfer the administrative control of performing duties of Registrar under the Karnataka Societies Registration Act, 1960 (hereinafter referred to as ‘the Act’ for short) from the department of revenue to the Co-operative Department. It is also submitted that the petitioner have no locus to challenge the aforesaid policy decision. Even otherwise, jurisdiction of this Court to deal with the policy decision is extremely limited and decision cannot be termed either as arbitrary or perverse.
6. I have considered the submissions made by the learned Government Advocate and have perused the record. From perusal of the record, it is evident that in exercise of executive powers, the State Government has taken a decision to transfer the administrative control for performing the duties of Registrar under the Act from the Department of Revenue to the Cooperative Department. The aforesaid decision taken by the State Government is policy decision. The scope of judicial review with regard to enforcement that the policy matters taken by the Authority is well defined, the aforesaid decision cannot by any stretch of imagination either be termed arbitrary or capricious so as to warrant interference by this Court in exercise of powers under Article 226 of the Constitution of India. This Court in exercise of powers under Article 226 of the Constitution of India cannot substitute its own decision. The petitioner is a Society registered under the provisions of the Act. No legal right vested in the petitioner is infringed. Therefore, at the instance of the petitioner, this Writ Petition cannot be entertained.
In the result, the same fails and is hereby dismissed.
Sd/- JUDGE SS