Karnataka High Court
Venkatesh S/O Gaddeppa Hagaragonda vs The State Of Karnataka on 4 December, 2023
Author: R.Devdas
Bench: R.Devdas
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NC: 2023:KHC-K:9029-DB
WA No. 200061 of 2015
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT APPEAL NO. 200061 OF 2015 (GM-KSR)
BETWEEN:
1. VENKATESH
S/O GADDEPPA HAGARAGONDA,
AGE: 65 YEARS,
OCC: ADVOCATE / PRESIDENT OF
SHRI REVANASIDDESHWAR
UCHIT PRASAD NILAY AND GRUHA SANGH,
MUDDEBIHAL,
R/O NEW EXTENSION AREA,
OPP: DR. PADAKI CLINIC,
MUDDEBIHAL,
Digitally signed by
DIST. VIJAYAPURA - 586 121.
VARSHA N
RASALKAR
Location: HIGH 2. SHRI. REVANASIDDESHWAR
COURT OF
KARNATAKA UCHIT PRASAD NILAYA
AND GRUHA SANGH,
MUDDEBIHAL,
REPRESENTED BY ITS PRESIDENT,
VENKATESH
S/O GADDEPPA HAGARAGONDA.
...APPELLANTS
(BY SRI ASHOK R.KALYANSHETTY, ADVOCATE)
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NC: 2023:KHC-K:9029-DB
WA No. 200061 of 2015
AND:
1. THE STATE OF KARNATAKA,
REVENUE DEPARTMENT
MULTI STORIED BUILDING,
BANGALORE - 560 001.
REPRESENTED BY ITS SECRETARY.
2. THE DISTRICT REGISTRAR
SOLAPUR ROAD, VIJAYPURA - 586 101.
3. BASAVARAJ
S/O GYANAPPA JAGGAL
OCC: EX-PRESIDENT OF
SHRI. REVANASIDDESHWARA
UCHIT PRASAD NILAY,
AND GRUHA SANGH, MUDDEBIHAL,
R/O HUDCO COLONY, 20TH CROSS,
MUDDEBIHAL - 586 101.
...RESPONDENTS
(BY SRI MALLIKARJUN C. BASAREDDY, GA FOR R1 AND R2;
SRI KRUPA SAGAR PATIL, ADVOCATE FOR R3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER PASSED IN WRIT PETITION NO.201173/2015 DATED
06.03.2015 AND ALLOW THE WRIT PETITION, IN THE
INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR FINAL DISPOSAL, THIS
DAY, R.DEVDAS J., DELIVERED THE FOLLOWING:
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NC: 2023:KHC-K:9029-DB
WA No. 200061 of 2015
JUDGMENT
R. DEVDAS J., (ORAL):
On the previous date of hearing, we had passed the
following order:
"The learned Single Judge had held that the
appellant herein has failed to submit any
material to show that he was even admitted to
the membership of the Society and therefore
the writ petition was dismissed while holding
that the petitioner is not even a member of the
Society. On the other hand, attention of this
Court has been drawn to certain documents
that were produced before this Court which
prima-facie show that the petitioner has
functioned as a Secretary of the Society and
also has been President of the Society. The
question therefore may not be regarding the
primary membership of the petitioner /
appellant herein. If the lis is only regarding the
acceptance of the list of the Managing
Committee member by the Registrar for the
year 2013-14, then in the considered opinion of
this Court, the matter become infructuous, in
view of the fact that subsequently election
would have been held to the Society and list of
the Governing counsel member would also
have been submitted to the Registrar.
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Therefore, there is no use of going into veracity
of the list of governing counsel member of the
year 2013-14.
In that view of the matter, the learned
counsel for the respondent-society is directed
to secure instruction and make submission as
to whether subsequently elections were held to
the Society and list were submitted to the
Registrar and whether they are accepted.
Re-list this matter on 04.12.2023."
2. Today, it was clarified that appellant No.2 is the
Society and not respondent No.3. Respondent No.3 is
described as Sri.Basavaraj, Ex-President of
Shri.Revanasiddeshwar Uchit Prasad Nilay and Gruha
Sangh, Muddebihal.
3. In fact, this is the description given by the
appellants herein who were the writ petitioners before the
learned Single Judge. In that view of the matter, we find
that the writ petition itself was not maintainable since
directions were sought against an individual member.
Nevertheless, as we had observed on the previous date of
hearing, the writ petition was not in respect of the primary
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membership of the petitioners/appellants. Here too, we
have to clarify that appellant No.1 is an individual member
who claims to be the President of the Society. Petitioner
No.2/appellant No.2 is the Society. In that view of the
matter, we reiterate our observations made on 22.11.2023
that the prayer made in the writ petition has become
infructuous in view of the fact that the writ petition was
regarding the acceptance of the list of managing
committee members by respondent No.2-Registrar for the
year 2013-14. There cannot be any objection on the part
of appellant No.2-Society, if we hold that subsequently
elections would have been held to the society and
subsequent list of the Governing Council members would
also be submitted to the Registrar and appropriate orders
would have been passed by the Registrar in accordance
with law.
4. Clarifying that the observations made by the
learned Single Judge in the impugned order regarding the
primary membership of the petitioner No.1/appellant No.1
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herein we dispose of the writ appeal only on the ground
that the prayer made in the writ petition/writ appeal in
respect of the acceptance of the list of the managing
committee members for the year 2013-14 has become
infructuous and on that ground alone the writ appeal
stands disposed of. The observations of the learned Single
Judge regarding the primary membership of appellant
No.1 is expunged.
Sd/-
JUDGE
Sd/-
JUDGE
DL
