IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.26671 OF 2015 & WRIT PETITION NOS.26802-26805 OF 2015 (GM-KSR) BETWEEN:
1. Sri Teshee Venkatesh, Aged 48 years, S/o Sri M.Ramaiah, R/a c/o No.10 Gowrang Nivas, 1st Main, 1st Cross, Maruthi Extension, Bengaluru – 560 021.
2. Sri Boodasi Krishna Murthy, Aged 66 years, S/o M.Ramanna, R/a No.10 Gowrang Nivas, 1st Main, 1st Cross, Maruthi Extension, Bengaluru – 560 021.
3. Sri P.V.S. Guru Prasad, 53 years, R/a No.2700, 17th ‘C’ Cross, BSK II Stage, Bengaluru – 560 078.
4. Sri B.Ramamurthy, Aged 58 years, S/o Late G.R.Bheema Rao, R/a 238/11, Oni Cross Road, Honnaveanahally, B.G.Road, Bengaluru – 560 076.
5. Sri N.R.Nanjundegowda, Aged 59 years, S/o Rangegowda, R/a No.1057/A, 14th Main, 1st Stage, BTM Layout, Bengaluru - 560 029. ... Petitioners (By Sri. G.R. Mohan, Advocate) AND:
1. The Registrar of Societies Gandhinaar Registration District, No.17, “Maruthi Plaza” 2nd Floor, 2nd Main, Vyalikaval Extension, Bengaluru – 560 003.
2. The Karnataka Film Director’s Association, No.304/17/1, 2nd Floor, 8th Main, Pipeline Road, Vijaynagar, Bengaluru – 560 040 Earlier represented by 1st Petitioner and now by Care Taker Sri Shivaram, Major.
3. Sri P.H.Vishwanath, Major, R/a LIC Apartment Block No.9, JP Nagar II Phase, Opp RV Dental College, Bengaluru – 560 078. ... Respondents (By Sri V. Shivareddy, HCGP for R1;
Sri K.C.Shanta Kumar, Advocate for R2 & R3) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the R-1 to initiate steps for appointing the administrator as per the provisions of the Karnataka Societies Registration Act 1960 to the R-2 Association since the R-2 Association in defiance of the order/Notice issued by the R-1 dated 8.6.2015 vide Annexure-C seeking explanation are going ahead with the holding General body meeting for holding elections to the 15 member executive Committee on 12.7.2015 and etc., These writ petitions coming on for Preliminary Hearing ‘B’ Group, this day, the court made the following:
O R D E R Mr.G.R.Mohan, learned Counsel for the petitioners.
Mr.Shivareddy, High Court Government Pleader for respondent No.1.
Sri.K.C.Shanta Kumar, learned Counsel for the respondents No.2 and 3.
The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the matters are heard finally.
2. In these writ petitions, petitioners, inter alia, seek for the following relief:
“(a) Writ of Mandamus or direction to the 1st Respondent to initiate steps for appointing the Administrator as per the provisions of the Karnataka Societies Registration Act, 1960 to the 2nd Respondent Association since the 2nd Respondent Association in defiance of the orders/notice issued by the 1st Respondent dated 8.06.2015 as per Annexure-‘C’ seeking explanation are going ahead with the holding General Body meeting for holding Elections to the 15 member Executive Committee on 12.07.2015.”
3. When the matters were taken up today, learned counsel for petitioners while inviting the attention of this Court to the interim order dated 9.07.2015 passed by this Court, submitted that the writ petitions be disposed of with a direction to the competent authority to take action on the representation which has been submitted by the petitioners expeditiously in accordance with law.
4. On the other hand, learned High Court Government Pleader for the respondents submitted that in case an action has not been taken, same shall be taken in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction to the competent authority to take appropriate action on the representation, if not already taken by a speaking order within three months from the date of receipt of copy of the order passed today.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petitions are disposed of.
Sd/- JUDGE ln.