Karnataka High Court
Secretary vs The State Of Karnataka on 18 December, 2023
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NC: 2023:KHC-D:14832
WP No. 107487 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 107487 OF 2023 (GM-KSR)
BETWEEN:
SECRETARY
UTTAR KANNADA JILLA, AMETURE KABBADI
ASSOCIATION ®, BAGGON ROAD, KUMTA,
REPRESENTED BY RAMANANDA S/O. GANAPATHI NAIK
AGE ABOUT 45 YEARS, OCC: PRIVATE WORK,
R/O. AJJIBAL, SIRSI, TQ: SIRSI,
DIST: UTTAR KANNADA-581340.
...PETITIONER
(BY SRI. D. J. NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
CO-OPERATIVE SOCIETY DEPARTMENT,
VIDHAN SOUDHA, BENGALURU-01.
MOHANKUMAR 2. DEPUTY REGISTRAR CO-OPERATIVE SOCIETY
B SHELAR
KARWAR, DIST: UTTAR KANNADA 581301.
Digitally signed by
MOHANKUMAR B
SHELAR
Date: 2023.12.22
3. PRESIDENT,
11:06:16 +0530
UTTAR KANNADA AMETURE KABBADI
ASSOCIATION ®, RAMNAGAR, MIRJAN,
KUMTA-581332, TQ: KUMTA,
DIST: UTTAR KANNADA.
4. PRESIDENT/SECRETARY
KARNATAKA RAJYA AMETUR KABBADI
ASSOCIATION ®, BENGALURU.
OFFICE NO.20, GATE NO.12,
SHRI. KANTEERAVA STADIUM,
KASTURBA ROAD, BENGALURU-560001.
...RESPONDENTS
(BY SRI. VENKATESH M. KHARVI, ADV. FOR RESPONDENT NO.3,
SRI. ASHOK KATTIMANI, AGA FOR RESPONDENT NO. 1 AND 2)
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NC: 2023:KHC-D:14832
WP No. 107487 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER PASSED BY THE RESPONDENT NO.2 FOR CANCELLATION OF
THE REGISTRATION OF THE PETITIONERS ASSOCIATION DATED
08-11-2023 BEARING NO.SUM.DRN/SA.NO/CR-07/2023-24 VIDE
ANNEXURE-A AND ISSUE WRIT OF MANDAMUS DIRECTING THE
RESPONDENT NO. R2 TO CANCELLATION OF THE REGISTRATION OF
RESPONDENTS NO.3 ASSOCIATION VIDE ANNEXURE-A AND ISSUE
WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. R2 TO
RESTORE THE REGISTRATION OF THE PETITIONERS ASSOCIATION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the
learned counsel for the respondents.
2. The petitioner is before this Court questioning
the order passed under Sections 5, 6 and 7 of the
Societies Registration Act, (for short 'the Act') vide order
dated 08.11.2023.
3. Admitted, factual position is that the petitioner
Association is registered as Uttara Kannada Jilla Ameture
Kabaddi Association. The impugned order is passed
pursuant to the application filed by 3rd respondent, which
is also an association registered under the Societies
NC: 2023:KHC-D:14832
Registration Act, as Uttara Kannada Ameture Kabaddi
Association. The 3rd respondent raised an objection
contending that it is a duly registered association under
the afore mentioned name and petitioner's association is
registered with a name which is nearly identical to the
name in which the 3rd respondent association which is
already registered.
4. Pursuant to the objection raised, notice so
issued to the petitioner, the petitioner defended its claim
to be registered as Uttara Kannada Jilla Ameture Kabaddi
Association on the premise that the 3rd respondent
association is not registered as Jilla Association, but is
registered as Uttara Kannada Ameture Kabaddi
Association. The word "Jilla" is missing in the name and
according to the petitioner, the names are not similar.
The 2nd respondent accepted the objection and in exercise
of power under Sections 5, 6 and 7 of the Act, allowed the
petition canceling the registration. The petitioner is
aggrieved by the said order.
NC: 2023:KHC-D:14832
5. Learned counsel for the petitioner would submit
that the jurisdiction under Sections 5, 6 and 7 of the Act
have to be exercised at the time of registration of an
Association and the authority has no power to review the
order granting registration under Sections 5, 6 and 7 of
the Act. He would contend that issue in this regard is
squarely covered in terms of the judgment of the co-
ordinate Bench of this Court in Shimoga Zilla Madivala
Sangha and Another vs. The District Registrar, For
Societies & Associations, Shimoga District and Another.
6. Learned counsel appearing for the 3rd
respondent would contend that the petitioner-Association
registered in a name which is deceptively similar to the
name of the 3rd respondent-Association. Such a
registration is impermissible and having noticed this
aspect and considering the fact that this amounts to an
unlawful activity under Section 27 of the Act, the
registration is rightly cancelled. Learned counsel for the
respondent would refer to the judgment of the co-ordinate
NC: 2023:KHC-D:14832
Bench of this Court in Bengaluru Urban Zilla Amateur
Kabaddi Association and Others vs State of Karnataka,
Department of Co-operation and Others.
7. This Court has considered the contentions
raised at the Bar.
8. During the course of the hearing, the learned
counsel for the petitioner fairly submits that the name of
the petitioner-Association resembles the name of the 3rd
respondent Association and he also submits that the
petitioner- Association would change its name in such a
way that it does not resemble the name of the 3rd
respondent- Association.
9. The learned counsel for the 3rd respondent-
Association submits that it has no objection to change the
name of the petitioner- Association, if such change does
not resemble the name of the 3rd respondent-Association.
NC: 2023:KHC-D:14832
10. It is also required to be noticed that impugned
order is passed under Section 7 of the Act and co-ordinate
Bench of this Court has taken a view that there is no
power to review the order granting the registration.
11. Though the learned counsel for the 3rd
respondent has referred to the judgment of the co-
ordinate Bench of this Court in Bengaluru Urban Zilla
Amateur Kabaddi Association and Others supra, it is to be
noticed that the earlier judgment dealing with the power of
the Registrar under Section 7 of the Act is not considered
in the said judgment. It is also relevant to note that the
petitioner-Association is willing to change its name as
submitted by the learned counsel for the petitioner.
12. It is further relevant to note that the authority
while granting registration to the petitioner- Association
ought to have exercised due care, should have made
necessary search and should have secured the information
as to whether the name of the petitioner- Association
NC: 2023:KHC-D:14832
which was sought to be registered resembles the name of
any other registered Association. It appears that such
exercise has not undertaken. This being the position,
considering the submission made at the Bar by both the
counsel for the petitioner and respondents, this Court is of
the view that the impugned order is to be set-aside and
accordingly set-aside on the following terms:-
(i) The petitioner-Association will hold a meeting of
the members as contemplated under the byelaw to
approve the changes in the name of the Association and to
make suitable amendment in the byelaw.
(ii) After making a proposal for amendment of
byelaw to change, the name of the Association, same shall
be forwarded to the 2nd respondent authority. 2nd
respondent authority after ensuring that the proposed
name of the petitioner-Association does not resemble the
name of the 3rd respondent-Association shall pass
appropriate orders amending the byelaw in accordance
with law.
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(iii) The entire exercise shall be completed within
three months from the date of receipt of the copy of this
order.
In the above said terms, writ petition is allowed.
Sd/-
JUDGE
CHS
