Karnataka High Court

Sri.Mallappa S/O Pandappa Shirbur vs The District Registrar And Registrar Of ... on 8 January, 2025

Author: B.M.Shyam Prasad

Bench: B.M.Shyam Prasad

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                                                           NC: 2025:KHC-D:233
                                                       WP No. 114372 of 2015




                              IN THE HIGH COURT OF KARNATAKA,
                                      DHARWAD BENCH
                          DATED THIS THE 8TH DAY OF JANUARY, 2025
                                           BEFORE
                         THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
                           WRIT PETITION NO.114372 OF 2015 (GM-KSR)


                   BETWEEN:
                   1.   SRI. MALLAPPA S/O PANDAPPA SHIRBUR,
                        AGE: 60 YEARS, OCC: AGRICULTURE,

                   2.   SRI. DUNDAPPA S/O RANGAPPA KATARKI
                        AGE: 70 YEARS, OCC: AGRICULTURE,

                   3.   SRI. MALAKAJAPPA S/O CHANNAPPA BANDAR
                        AGE: 60 YEARS, OCC: AGRICULTURE,

                   4.   SRI. MAIBUSAB S/O AMEENSAB MULLA
                        AGE: 58 YEARS, OCC: AGRICULTURE,

                   5.   SRI. BHIMAPPA S/O BAIRU SAVANT
                        AGE: 54 YEARS, OCC: AGRICULTURE,

                   6.   SRI. TAMMANNA S/O PANDAPPA SHIRBUR
Digitally signed
by VINAYAKA
                        AGE: 55 YEARS, OCC: AGRICULTURE,
BV
Location: High
Court of
Karnataka,
Dharwad
                   7.   SRI. DASTGIRSAB AMEENSAB MULLA
Bench
                        AGE: 55 YEARS, OCC: AGRICULTURE,

                   8.   SMT. BHAGIRATHI MALLAPPA SHIRBUR
                        AGE: 51 YEARS, OCC: HOUSEHOLD WORK,

                   9.   SRI. BASAPPA PANDAPPA SHIRBUR
                        AGE: 48 YEARS, OCC: AGRICULTURE,

                   10. SRI. ASHOK GYANBA RANOJI
                       AGE: 27 YEARS, OCC: AGRICULTURE,
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                                    WP No. 114372 of 2015




11. SRI. SHIVAPPA DHYEPPA HARIJAN
    AGE: 40 YEARS, OCC: AGRICULTURE,

     ALL ARE R/O: BIDARI, TQ: JAMKHANDI,
     DIST: BAGALKOTE.
                                        ...PETITIONERS
(BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE)

AND:
1.   THE DISTRICT REGISTRAR
     AND REGISTRAR OF SOCIETIES,
     BAGALKOTE.

2.   SRI. KUMARESHWAR VIDYA VARDHAK SANGHA
     BIDARI, TQ: JAMKHANDI, DIST: BAGALKOTE.
     REP. BY ITS SECRETARY.

3.   SRI. MANIPRA SHIVALINGA MAHASWAMIGALU
     BIDARI.

4.   SRI. SUBHASH S/O DUNDAPPA SAVAKAR
     AGE: 37 YEARS, OCC: PRESIDENT, PKPS,

5.   SRI. BABUREDDI VENKKAPPA TUNGAL
     AGE: 70 YEARS, OCC: EX-MLA,

6.   SRI. VENKAPPA S/O SANGAPPA YADAWAD
     AGE: 65 YEARS, OCC: AGRICULTURE,

7.   SRI. BASAVARAJ S/O MELAPPA SAHUKAR
     AGE: 35 YEARS, OCC: AGRICULTURE,

8.   SRI. CHANNAPPA
     S/O VEERABHADRAPPA KUDACHI (KANTHI)
     AGE: 59 YEARS, OCC: BUSINESS,

9.   SRI. VITTAL PANDAPPA HUNASHIKATTI
     AGE: 36 YEARS, OCC: AGRICULTURE,

10. SRI. BHIMANGOUDA S/O HANUMANT MANASANI
    AGE: 63 YEARS, OCC: AGRICULTURE,
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                                   WP No. 114372 of 2015




11. SRI. BANDAGISAB HAJISAB TAMBOLI
    AGE: 76 YEARS, OCC: AGRICULTURE,

12. SRI. GOUDAPPA BASAPPA WOADEYAR
    AGE: 45 YEARS, OCC: AGRICULTURE,

13. SRI. SADASHIV LENKAPPA HARIJAN
    AGE: 60 YEARS, OCC: AGRICULTURE,

    RESPONDENT NOS.3 TO 12 ARE
    R/O: BIDARI, TQ: JAMKHANDI, DIST: BAGALKOTE.
                                         ...RESPONDENTS

(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1;
SRI. NANDISH PATIL, ADVOCATE FOR
SRI. F.V. PATIL, ADVOCATE FOR R2;
NOTICE TO RESPONDENT NO.8 IS SERVED;
NOTICE TO RESPONDENT NOS.4, 6, 7 & 9-HELD SUFFICIENT;
RESPONDENT NOS.3, 5, 10 & 11-ABATED)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE

A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT

OR DIRECTION AND QUASHED THE ORDER PASSED BY THE

1ST RESPONDENT DATED 17.02.2014 BEARING NO. SANGHA

19/1975-76/2013-14 COPY AS PER ANNEXURE-G & ETC.,



    THIS WRIT PETITION, COMING ON FOR HEARING ON

INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE

THEREIN AS UNDER:

CORAM:   THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
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                                             WP No. 114372 of 2015




                          ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)

The petitioners are a rival group asserting that they

make the Working Committee to oversee the affairs of Shri

Kumareshwara Vidya Vardhaka Sangha, a society that is

registered under the Karnataka Societies Registration Act,

1960 [for short, 'the Act'] in the year 1975-76. The private

respondents make up the other group, which asserts that

they make the Working Committee. The petitioner has called

in question the first respondent's order dated 17.02.2014

accepting the Annual Returns filed by the private

respondents under Section 13 of the Act accepting the list of

the members of the Working Committee.

2. This Court must record on both Sri

Mrutyunjaya Tata Bangi, the learned counsel for the

petitioner, and Sri Nandish Patil, the learned counsel for the

private respondents, are categorical that most of the

petitioners have died and even some amongst the private

respondents have died. In fact, Sri Mrutyunjaya Tata Bangi

submits that therefore the application [I.A. No.1/2024] is

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filed by those who assert that they have stepped into the

shoes of the deceased petitioners. Further, the learned

counsels submit that the Society runs an educational

institution in Bidari Village, Jamakhandi Taluk, that this

Village is directed to be moved because of flooding with most

in the village availing the benefits of relocation /

rehabilitation but some have stayed back, and that the

Society offers education to these residents' family members.

3. The petitioners assert that the first

respondent could not have accepted the Working Committee

Members List or the Returns filed for the year 2009-10 by

the private respondents because of the judgment and decree

in O.S. No.112/1989 on the file of the Principal Civil Judge

[Jr. Dn.], Jamakhandi which are by this Court in R.S.A.

No.5049/2010. The Trial Court's judgment is dated

02.08.2006, and this Court's judgment and decree in the

aforesaid second appeal is 25.06.2011. The question for

consideration is whether the petitioners can call in question

the first respondent's order on the ground that it is contrary to

the declaration in the aforesaid proceedings.

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4. This question must be considered in the

light of the terms of such decree, which admittedly is

confirmed by this Court in the second appeal and the

subsequent undisputed facts as stated above, including the

demise both amongst the petitioners and the private

respondents. The trial Court's decree in two suits viz., O.S.

No.112/1989 and O.S. No.106/1987 reads as under:

The suit of the plaintiff at O.S.No.106/1987 is hereby dismissed.

The suit of the plaintiffs at O.S.No.112/1989 is hereby decreed partly.

It is hereby declared that the plaintiff No.2 in O.S.No.112/1989 as President along with 'A' Schedule members, constituted Governing Body of the said plaintiff No.1 suit Sangha only till 1987- 1988.

5. Sri Mrutyunjaya Tata Bangi cannot dispute

that the declaration in terms of this decree is as to the

constitution of the Working Committee for the years up to

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1987-88 and the Committee would only be for five years in

terms of the Society's byelaws. This Court, therefore, must

opine that the decree cannot turn the outcome in favour of

the petitioners. Further, this Court is of the considered view

that if no exception can be taken with the first respondent's

order, the first respondent must be directed to ensure that

elections are held for due constitution of the Working

Committee in a time bound manner but ensuring that

appropriate notice is published in the premises of the office

of the local of the jurisdictional Tahsildar because of the

following:

[i] the demise of the members on both sides,

[ii] depletion in the strength of the residents

[consequent to the possible relocation by

the residents of the village], and

[iii] in the absence of details of the

proceedings concluded according to the

byelaws for due constitution of the

working committee in the recent years.

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Sri Praveen K. Uppar, the learned Additional Government

Advocate, as also Sri Mrutyunjaya Tata Bangi, and Sri

Nandish Patil are heard, and all submit that this Court

could indeed issue directions in this regard. Hence, the

following:

ORDER [a] The petition stands disposed of directing the

first respondent, within four [4] weeks from

the date of receipt of a certified copy of this

order, to cause publication of notice within

the premise of the office of the jurisdictional

Tahsildar for enrollment of new members

according to the society's bye laws.

[b] The first respondent, upon such notice,

shall consider the applications received and

enroll those who are eligible in terms of the

Society's byelaws and declare calendar of

events and complete the due process by

31.05.2025.