Karnataka High Court
Malenad Association (R) vs State Of Karnataka on 3 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:244
WP No. 28651 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 28651 OF 2023 (GM-KSR)
BETWEEN:
MALENAD ASSOCIATION (R),
HUDIKERI, PONNAMPET TALUK,
VIRAJPET, KODAGU - 571 249,
REPRESENTED BY ITS PRESIDENT,
M.M NAVEEN, S/O M.K MUTTHANNA,
AGED ABOUT 49 YEARS,
REGISTERED UNDER THE KARNATAKA
SOCIETIES REGISTRATION ACT, 1960.
REG NO. 09/1996-1997
...PETITIONER
(BY SMT. SPOORTHY HEGDE, ADVOCATE FOR
SRI. SAMRUDH SURAJ HEGDE, ADVOCATE)
Digitally signed by
PADMAVATHI B K
Location: HIGH AND:
COURT OF
KARNATAKA
1. STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY TO GOVT,
DEPARTMENT OF COOPERATION,
M S BUILDING, BANGALORE - 560 001.
2. THE DEPUTY REGISTRAR OF CO-OPEARATIVE
SOCIETIES AND DISTRICT
REGISTRAR OF SOCIETIES,
COOPERATION DEPARTMENT,
COFFEE KRUPA BUILDING RAJASEET ROAD,
-2-
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WP No. 28651 of 2023
MADIKERI , KODAGU - 571 201,
UNDER THE KARNATAKA COOPEARATIVE
SOCIETIES ACT, 1959.
3. SUPERINTENDENT OF POLICE,
KODAGU DISTRICT,
MADIKERI, KODAGU - 571 201.
...RESPONDENTS
(BY SRI. MANJUNATH, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE
REPRESENTATION DATED 20/10/2023 BEARING NO.
DRI/SANGHAGALA/NONDANI/NOC/2023-24 ISSUED BY THE
R2, A COPY WHICH IS PRODUCED AS ANNEXURE-A AS BEING
ILLEGAL AND VOID AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Smt. Spoorthy Hegde, learned counsel for Sri.
Sameudh Suraj Hegde, learned counsel appearing for the
petitioner and Sri. Manjunath, learned HCGP appearing for the
respondents.
2. The petitioner is before this Court, seeking for the
following prayers:
"i. Issue appropriate writ or order or direction in
the nature of certiorari quashing the
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representation dated 20.10.2023 bearing No
DRI/Sanghagala/Nondani/NOC/2023 - 24
issued by the 2nd Respondent, a copy which
is produced as ANNEXURE A; as being
illegal and void.
ii Issue appropriate writ or order or direction in
the nature of mandamus directing the 2nd
Respondent to consider the representation
dated 20.10.2022 and renew the license, and
accept the filing of accounts/audit report of
the Petitioner Society in accordance with law,
a copy of which is produced at ANNEXURE
E.
iii. Issue appropriate writ or order or direction in
the nature of mandamus directing the 3rd
Respondent not to illegally interfere with the
day to day activities of the Association.
iv. Issue such writ or order or direction or other
relief(s) that this Hon'ble Court deems fit
under the facts and circumstances of the
case in the interest of justice."
3. The learned counsel appearing for the petitioner
would submit that the issue in the lis stands covered by the
judgment rendered by a Co-ordinate Bench in the case of
NEW STAR RECREATION ASSOCIATION Vs. STATE OF
KARNATAKA AND OTHERS.1, the Co-ordinate Bench has held as
follows:
"Learned High Court Government Pleader is
directed to take notice for all the respondents.
W.P.No.18454/2023 disposed on 14.09.2023
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2. Learned counsel for the petitioner submits
that respondent No.7-District Registrar of Co-operative
Societies has issued the communication dated
07.01.2022 at Annexure-B to respondent No.2-
Superintendent of Police, Kodagu District, Madikeri,
seeking 'No objection certificate' in the matter of
registration of the Society proposed by the petitioner as
a president of the association to be registered under the
Karnataka Societies Registration Act, 1960.
3. Learned counsel submits that respondent
Deputy Registrar of Co-operative Societies had issued
similar communication in respect of another Association,
this Court by order dated 07.10.2021 in
WP.No.16529/2021 held that there is no prescription or a
pre-condition that a 'No objection certificate' was to be
obtained from the police authority while considering an
application for the registration of a new association. A
direction was issued by this Court to respondent Deputy
Registrar of Co-operative Societies to consider the
application in accordance with law without insisting upon
the Association to obtain a 'No objection certificate' from
the police authorities.
4. Despite such a direction being given by this
Court, the respondent No.7-District Registrar of Co-
operative Societies has made a similar communication as
was made in the case of the petitioner-association in
W.P.No.16529/2021.
5. This Court is of the considered opinion that
respondent No.7-District Registrar's action in passing
similar orders, although the same was set aside by this
Court, would border on contempt. A warning is therefore
issued to respondent No.7-District Registrar of Co-
operative Societies not to issue such a communication,
which would be contrary to the directions issued by this
Court.
6. The writ petition stands disposed of with a
specific direction to Respondent No.7-District Registrar of
Co-operative Societies to consider the application of the
petitioner for registration of a fresh Association in
accordance with law and not insisting upon a 'No
objection certificate' at the hands of respondent No. 2-
Superintendent of Police, Kodagu District. The entire
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exercise shall be completed as expeditiously as possible
and at any rate within a period of one month from the
date of receipt of a copy of this order.
Ordered accordingly."
4. In the light of the issue standing covered by the
judgment rendered by a Co-ordinate Bench and the facts being
undisputed, the petition stands disposed on the same terms.
Ordered accordingly.
Sd/-
JUDGE
JY
CT: BHK
