Karnataka High Court
Citizen Recreation Association ... vs The Registar And Deputy Registar Of Co ... on 8 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:805
WP No. 28027 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. 28027 OF 2023 (GM-KSR)
BETWEEN:
CITIZEN RECREATION ASSOCIATION (UN-REG.)
HULUSE VILLAGE, HEBHALE,
KUSHALNAGAR TALUK,
KODAGU DISTRICT, MADIKERI.
REPRESENTED BY ITS GENERAL SECRETARY,
SRI. PRADEEP C.G,
AGED 48 YEARS,
S/O C.P. GANAPATHI,
SHANIVARA SANTHE HOBLI,
NANDIGUNDHA, SOMVARPETE,
KODAGU, KARNATAKA - 571 235
...PETITIONER
(BY SRI. M.R. RAVI, ADVOCATE)
Digitally signed by
PADMAVATHI B K AND:
Location: HIGH
COURT OF
KARNATAKA 1. THE REGISTRAR AND DEPUTY REGISTRAR
OF CO-OPERATIVE SOCIETY,
KODAGU DISTRICT, MADIKERI,
KARNATAKA - 571 201.
2. THE SUPERINTENDENT OF POLICE,
KODAGU DISTRICT, MADIKERI,
KARNATAKA - 571 201.
...RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP)
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NC: 2024:KHC:805
WP No. 28027 of 2023
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED LETTER DATED 18.08.2023 WRITTEN BY THE R1
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, MADIKERI
VIDE ANNX-J SEEKING NOC., OF THE R2 AND ALSO THE
IMPUGNED REQUISITION DATED 07.11.2023 ADDRESSED BY
THE R2 SUPERINTENDENT OF POLICE TO THE R1 DEPUTY
REGISTRAR REQUESTING NOT TO REGISTER THE
ASSOCIATION ON ITS ROLLS VIDE ANNX-K AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel Sri. M.R. Ravi, appearing for
the petitioners and Sri. Kiran Kumar, learned HCGP appearing
for respondent Nos.1 and 2.
2. The petitioner is before this Court, seeking for the
following prayers:
"A) Issue a writ of Certiorari or any other writ, order
or direction quashing the impugned Letter
DgïL/¸ÀAWÀUÀ¼À £ÉÆÃAzÀtÂ/J£ï.N.¹/2023-24 dtd.,18-8-
2023 written by the 1st respondent Deputy
Registrar of Co-operative Society, Madikeri vide -
Annexure J seeking NOC., of the
2nd respondent and also the impugned
Requisition ¸ÁªÀiÁ£Àå(1)/j.PÀè¨ï/61/2023 dtd.,7-11-
2023 addressed by the 2nd Respondent
Superintendent of Police to the 1st Respondent
NC: 2024:KHC:805
Deputy Registrar requesting not to register the
Association on its Rolls vide Annexure-K;
B) Issue a writ of Mandamus or any other writ, order
or direction directing the 1st respondent to
register the Petitioner Association on its Rolls
under the provisions of Karnataka Society
Registration Act without insisting for the NOC.,
from the 2nd Respondent SP., Madikeri to register
the said Association.
C) Award cost of this writ petition and
D) Pass such other and further orders as this Hon'ble
court deems fit and proper in the circumstances
of the case."
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
NC: 2024:KHC:805
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
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
