Karnataka High Court
Proposed Hemavathi Recreation Club vs The State Of Karnataka on 8 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:778
WP No. 28270 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 28270 OF 2023 (GM-KSR)
BETWEEN:
PROPOSED HEMAVATI RECREATION CLUB,
KODLIPETE VILLAGE, KODLIPETE,
SOMVARPETE TALUK,
KODAGU DISTRICT - 571 231.
REPRESENTED BY ITS PRESIDENT,
K.S. THIMMEGOWDA,
AGED ABOUT 52 YEARS,
R/AT KERAGANAHALLI VILLAGE,
KODLIPETE HOBLI, SOMVARPETE TALUK,
KODAGU DISTRICT.
...PETITIONER
(BY SRI. YATHISHA K.J, ADVOCATE)
Digitally signed by AND:
PADMAVATHI B K
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA,
KARNATAKA REPRESENTED BY ITS UNDER SECRETARY,
DEPARTMENT OF CO-OPERATIVE,
M.S. BUILDING, AMBEDKAR STREET,
BENGALURU - 560 001.
2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES,
COFFEE KRUPA BUILDING,
RAJASEET ROAD, MADIKERI - 571 201.
...RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP)
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NC: 2024:KHC:778
WP No. 28270 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET
ASIDE THE ORDER BEARING NUMBER DRI/REGISTRATION OF
SOCIETIES/N.OC/2023.24 DATED 15.08.2023 ISSUED BY THE
R2 VIDE ANNX-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Yathisha K.J., learned counsel appearing for
the petitioner and Sri. Kiran Kumar, learned HCGP appearing
for the respondents.
2. The petitioner is before this Court, seeking for the
following prayers:
"a. Issue a writ in he nature of Certiorari or any other
appropriate writ to quash or set aside the order
bearing number DRI/Registration of
Societies/N.OC/2023-24 dated 15.08.2023 issued by
the 2nd respondent vide Annexure A.
b. Issue an order directing the respondent to consider
the representation dated 14.07.2023 given by the
petitioner to the 2nd respondent vide Annexure C
and to register the petitioner club as per law.
c. To pass such other orders as this Hon'ble Court
deems fit to grant in the facts and circumstances of
the case, in the interest of justice and equity. "
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3. Learned counsel appearing for the petitioner would
submit that the issue in the lis stands covered by the judgment
rendered by the Co-ordinate Bench of this Court in
W.P.No.19107/2023 disposed on 29.09.2023, wherein it has
held as follows:
"2. The petitioner is recreational club. The
prayer in the writ petition is to issue a direction to
respondent No.3-Superintendent of Police, Madikeri
District, Kodagu, to issue a no objection certificate to
the petitioner.
3. The learned High Court Government
Pleader submits that this Court has held that there is
no such requirement of the police authorities issuing
a no objection certificate for renewal of license of a
recreational club. At this juncture, learned counsel
for the petitioner submits that the petition may be
disposed of permitting the petitioner to file a fresh
application for renewal of the licence of the
recreational club before the competent authority and
the competent authority may be directed to consider
the same and pass orders in accordance with law,
within a time frame.
4. The submission of the learned counsel for
the petitioner is placed on record. Accordingly, the
writ petition stands disposed of permitting the
petitioner-club to file a fresh application for renewal
of the license before the competent authority. As and
when the application is filed, the competent authority
shall consider the same and pass necessary orders in
accordance with law, without insisting on a no
objection certificate from the police authorities in
terms of the orders passed by this Court in
W.P.No.18454/2023 dated 14.09.2023, as
expeditiously as possible and at any rate within a
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period of four weeks from the date when the
application is filed by the petitioner-club."
4. In the light of the issue standing covered by
judgment rendered by the Co-ordinate Bench supra, the
petition stands disposed on the same terms.
Sd/-
JUDGE
SJK
CT: BHK
