Karnataka High Court
Sri C. Yethrappa vs The Registrar Of Societies on 10 March, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:10137
WP No. 25209 of 2015
C/W WP No. 16524 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10THDAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 25209 OF 2015 (GM-KSR)
C/W
WRIT PETITION NO. 16524 OF 2015 (CS-RES)
IN WP No. 25209/2015
BETWEEN:
1. SRI C. YETHRAPPA
AGED 81 YEARS,
S/O CHINNATHAYAPPA,
NO.15, POTTERS COLONY,
KALASIPALYAM,
NEW EXTENSION,
BANGALORE 560002
2. SRI CHALAKARY NARAYANSWAMY
S/O N.MUNIVENKATAPPA,
AGED 63 YEARS,
NO.6/1, P.C.LANE,
Digitally signed STP ROAD,
by SHWETHA
RAGHAVENDRA BANGALORE 560002
Location: HIGH
COURT OF 3. SRI B. VINOD KUMAR
KARNATAKA S/O LATE BALAKRISHNA,
AGED 52 YEARS,
NO.17, 3RD CROSS, 5TH MAIN,
SAMPANGI RAMA NAGAR,
BANGALORE 560027
4. SRI K. MOHAN KUMAR
S/O LATE C. KRISHNAPPA,
AGED 62 YEARS,
NO.16, 1ST CROSS,
LALBAGH FORT ROAD,
MAVALLI BANGALORE 560004
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WP No. 25209 of 2015
C/W WP No. 16524 of 2015
5. SRI A. NARAYANASWAMY
S/O LATE ANJINAPPA,
AGED 68 YEARS,
NO.40,3RD CROSS, CUBBONPET,
BANGALORE 560002
6. SRI T. RAMACHANDRA
S/O LATE THAYAPPA,
AGED 52 YEARS,
SRI DHARMARAYASWAMY TEMPLE MAIN ROAD,
THIGALARA PET,
BANGALORE 560002
7. K. GIRISH
S/O LATE M.KRISHNAPPA,
AGED 45 YEARS,
NO.133, PTA MAIN ROAD,
THIGALARA PET,
BANGALORE 560002
8. R. BALARAJU
S/O LATE GOVINDAPPA,
AGED NO.37/1,1ST MAIN ROAD,
SUDAMANAGAR,
BANGALORE 27
9. SRI A.LAKSHMAYYA
S/O D. ABBAYAPPA,
R/A DHARMASWAMY TEMPLE ROAD,
HOSAKOTE,
BANGALORE 562129
10. SRI G.KRISHNAPPA
S/O GULLAPPA,
UPPARAHALLI,
HOSAKOTE TALUK,
BANGALORE 562129
11. SRI.RAJANNA
S/O NAGAPPA,
R/O MELINA PETE,
HOSAKOTE TALUK,
BANGALORE 562129
SRI A. DEVARAJ
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WP No. 25209 of 2015
C/W WP No. 16524 of 2015
12. S/O ANDIYAPPA,
R/O MELINA PETE,
HOSAKOTE TALUK,
BANGALORE 562129
...PETITIONERS
(BY SRI. K.N. NITHISH.,ADVOCATE)
AND:
1. THE REGISTRAR OF SOCIETIES
BASAVANAGUDI,
BMTC BUILDING,
2ND FLOOR, SRI.VIDYANAGARA,
BSK 3RD STAGE,
BANGALORE 560085
2. MYSORE STATE VANHIKULA KSHATRIYA
(THIGALARA) SANGHA,
NO.28/1,
1ST CROSS,
J.C ROAD,
BENGALURU 560027
REP BY ITS SECRETARY
...RESPONDENTS
(BY SRI. MAHANTSH SHETTAR., AGA FOR R1;
SRI. M.J. ALAVA., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI, APPROPRIATE WRIT, ORDER/DIRECTION QUASHING
THE IMPUGNED ORDER AT ANNEX-D PASSED BY THE R-1
DTD.28.3.2015.
IN WP NO. 16524/2015
BETWEEN:
1. SRI S SUNDER RAJU
S/O LATE B M SHAMANNA
AGED ABOUT 67 YEARS
R/A NO.13, PVN LANE
THIGALARAPET
BANGALORE 560002
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WP No. 25209 of 2015
C/W WP No. 16524 of 2015
2. SRI T C SHIVAPRASAD
S/O T CHINNANNA
AGED ABOUT 63 YEARS
R/A NO.49/72,GOVINDAPPA ROAD
BASAVANAGUDI
BANGALORE 560004
3. SRI G RAJU
S/O GUNAPPA GOWDA
AGED ABOUT 66 YEARS
R/A NO.22, GUNDAPPA GOWDA ROAD
9TH CROSS, EJIPURA
BANGALORE 560047
4. SRI M JAYARAM GOWDA
S/O MUNISWAMYGOWDA
AGED ABOUT 70 YEARS
R/A NO.5, BAZAR STREET
7TH CROSS, NEELASANDRA
BANGALORE 560047
5. SRI S RAGHUKUMAR
S/O B M SHAMANNA
AGED ABOUT 58 YEARS
R/A B M S FARM & NURSERY
13TH K M MYSORE ROAD
BANGALORE 560059
6. SRI A RAJAGOPAL @ GOPI
S/O LATE ABBAIAH
AGED ABOUT 70 YEARS
R/A NO.3/3, 2ND CROSS
PVN LANE
THIGALARAPET
BANGALORE 560002
7. SRI M PARTHA SARATHI
S/O LATE MUNIKALAPPA
AGED ABOUT 64 YEARS
R/A NO.22/1
HEERACHAND ROAD
COX TOWN
BANGALORE 560005
8. SRI M P RAJU
S/O LATE MUNIYELLAPPA
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WP No. 25209 of 2015
C/W WP No. 16524 of 2015
AGED ABOUT 50 YEAS
R/A NO.13/10, AUSTIN TOWN
YERAPPA GARDEN
BANGALORE 560047
9. SRI K NARAYANA
S/O LATE G KRISHNAPPA
AGED ABOUT 69 YEARS
R/A NO.37, 5TH MAIN
5TH BLOCK, JAYANAGARA
BANGALORE 560041
...PETITIONERS
(BY SRI.B.V. ACHARYA., SR ADVOCATE FOR
SRI. B. MAHESHA.,ADVOCATE)
AND:
1. THE DISTRICT REGISTRAR OF SOCIETIES
BASAVANAGUDI REGISTRATION DISTRICT
BMTC BUILDING, SRIVIDHYA NAGAR
HOSAKEREHALLI,
BANASHANKARI III STAGE
BANGALORE 560085
2. MYSORE STATE VANHIKULA KSHTRIYA
(THIGALARA) SANGHA
A REGISTERED SOCIETY
HAVING ITS OFFICE AT
NO.28/1, 1ST CROSS
J C ROAD
BANGALORE 560027
3. SRI C YETHRAPPA
S/O CHINNATHAYAPPA
AGE MAJOR
R/A NEAR DHARMARAYA SWAMY TEMPLE
POTTERS COLONY
KALASIPALYAM NEW EXTENSION
BANGALORE 560002
4. SRI CHALAKARY NARAYANSWAMY
S/O N MUNIVENKATAPPA
AGE: MAJOR
R/A NO.6/1, P C LANE
S T P ROAD
BANGALORE 560 002
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WP No. 25209 of 2015
C/W WP No. 16524 of 2015
5. SRI B A KRISHNAMURTHY
S/O M ABAYAPPA
AGE MAJOR
R/A NO.3, MUTHAMMA NILAYA
PAPAIAH STREET
DODDAMAVALLI
BANGALORE 560004
6. SRI K MOHAN KUMAR
S/O LATE C KRISHNAPPA
AGE MAJOR
R/A NO.16, 1ST CROSS
LALBAGH FORT ROAD
MAVALLI
BANGALORE 560004
7. SRI A G P NATARAJA
S/O LATE A PAPANNA
AGE MAJOR
R/A NO.119, 6TH MAIN
3RD PHASE, J P NAGAR
BANGALORE 560078
8. SRI M RAMAKRISHNAPPA
S/O LATE M MUNICHINAPPA
AGE MAJOR
R/A NO.35, CKC GARDEN
2ND CROSS
BANGALORE 560027
9. SRI S SURESH RAJU
S/O LATE P SRINIVASA
AGE MAJOR
R/A NO1.5, A P LANE
T ANAYAPPA MAIN ROAD
THIGALARAPET
BANGALORE 560 002
10. SRI A GIRISH KUMAR
AGE: MAJOR
R/A 3RD CROSS, K G NAGAR
BANGALORE 560 009
SRI T L BADARINATH
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C/W WP No. 16524 of 2015
11. S/O T LAKSHMAN SWAMY
AGE MAJOR
R/A NO.7, A M LANE
THIGALARA PET
BANGALORE 560002
12. SRI N SRINIVASA
S/O LATE M NARAYANASWAMY
AGE MAJOR
R/A NO.2, P M LANE
S P ROAD, CROSS
BANGALORE 560002
13. SRI M NARENDRA BABU
S/O P MUNIYAPPA
AGE MAJOR
R/A NO.101/2, 14TH CROSS
3RD MAIN, MARGOSA ROAD
NEAR UCO BANK
MALLESHWARAM
BANGALORE 560003
14. SRI A NARAYANASWAMY
A/O LATE ANJINAPPA
AGE MAJOR
R/A NO.40, 3RD CROSS
CUBBONPET
BANGALORE 560002
15. SRI A L LAKSHMAYYA
S/O ABBAYAPPA
AGE MAJOR
R/A HARMARAYA SWAMY TEMPLE ROA
HOSAKOTE 562 114
16. SRI G KRISHNAPPA
S/O GULLAPPA
AGE MAJOR
AT POST: UPPARAHALLI 562 114
HOSAKOTE TALUK
17. SRI RAJANNA
S/O NAGAPPA
AGE: MAJOR
R/A MELINA PETE
HOSAKOTE 563 114
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WP No. 25209 of 2015
C/W WP No. 16524 of 2015
18. SRI A DEVARAJ
S/O ANDIYAPPA
AGE MAJOR
R/A MELINA PETE
I C CIRCLE
HOSAKOTE 562 114
19. SRI A JAIRAM
S/O ANJINAPPA
AGE MAJOR
C/O SRINIVASA MEICALS
RAMAMURTHYNAGAR
BANGALORE 560016
20. SRI K GIRISH
S/O M KRISHNAPPA
AGE MAJOR
R/A NO.133, PTA MAIN ROAD
THIGALARA PET
BANGALORE 560002
21. SRI RAMACHANDRA T
FATHER NAME NOT KNOWN TO PETITIONERS
AGE MAJOR
R/A DHARMARAYA SWAMY TEMPLE ROAD
MAIN ROAD, THIGALARA PET
BANGALORE 560002
22. SRI B VINOD KUMAR
FATHER NAME NOT KNOWN TO PETITIONERS
AGE MAJOR
R/A NO.17, 3RD CROSS
5TH MAIN, SAMPANGIRAM NAGAR
BANGALORE 560027
23. SRI GIRISH KUMAR
FATHER NAME NOT KNOWN TO PETITIONERS
AGE MAJOR
R/A NO.14/1, 3RD MAIN ROAD
K G NAGAR
BANGALORE 560009
24. SRI R BALARAJU
AGE MAJOR
R/A NO.37/1, 1ST MAIN ROAD
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WP No. 25209 of 2015
C/W WP No. 16524 of 2015
SUDAMANAGAR
BANGALORE 560027
25. SRI. K. LAKSHMAN
S/O KEMPAIAH
AGED ABOUT 74 YEARS,
OCC: VRS PENSIONER OF LRDE,
R/O NO. 607/2, 5TH CROSS,
18TH MAIN, HAL III STAGE,
KODAHALLI, BENGALURU-560008.
CLAIMS TO BE SECRETARY OF
MYSORE STATE VANHIKULA
KSHTRIYA (THIGALARA) SANGHA
A REGISTERED SOCIETY
HAVING ITS OFFICE AT
NO. 28/1, 1ST CROSS, J.C. ROAD,
BENGALURU-560027.
26. SRI.S. JAYARAM
AGE: MAJOR
OCC: BUSINESS
CLAIMS TO ELECTION OFFICER OF
MYSORE STATE VANHIKULA
KSHTRIYA (THIGALARA) SANGHA
A REGISTERED SOCIETY
HAVING ITS OFFICE AT
NO. 28/1, 1ST CROSS, J.C. ROAD,
BENGALURU-560027.
27. SRI M. JAYARAM
S/O LATE MUNITHANAPPA
AGE: MAJOR
OCC: BUSINESS,
R/A NO. 42, BASAPPA ROAD,
SHANTHINAGAR,
BENGALURU-560027.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR., AGA FOR R1;
SRI. M.J. ALVA., ADVOCATE FOR R2 FOR P`SD R25;
SRI. B.R. VISHWANATH., ADVOCATE FOR C/R2;
SRI. K.N. NITHISH., ADVOCATE FOR R3, R4, R5, R6-R10,
R15, R18 & R22-R24;
SRI. R. BHADRINATH., ADVOCATE FOR R5, R7, R9, R12,
R13, R14, R2K0, R21 SD P`SD& UNREPRESENED;
V/O/`DTD 04/02/16 NOTICE TO R8, R11, R19 ARE H/S)
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WP No. 25209 of 2015
C/W WP No. 16524 of 2015
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TOCALL FOR
RECORDS RESULTING INTO IMPUGNED ORDER DTD.28.3.2015
AT ANNEX-F MADE BY R-1 AND ETC.
THESE WRIT PETITIONS, COMING ON FOR HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners in W.P.No.25209/2015 are before this
Court seeking for the following reliefs:
a. Issue a writ of certiorari, appropriate writ,
order/direction quashing the impugned order at
Annexure-D passed by the R1 dated 28.32015
bearing No. G-No.BA/S.O.R/31/13-14
b. Grant such other and further relief/reliefs as this
Honorable Court deems fit and proper in the
circumstances of the case in the interest of justice
and equity.
2. The petitioners in W.P.No.16524/2015 are before this
Court seeking for the following reliefs:
c. To call for records resulting into impugned order
No. GiNoBa/SOR/31/13-14 dated 28.3.2015 at
Annexure-F made by R1.
d. To issue a writ of certiorari quashing the impugned
order No.GiNoBa/SOR/31/13-14 dated 28.3.2015
at Annexure-F made by R1.
e. To issue any other order or direction which this
Hon'ble Court deems fit in the facts and
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circumstances of the case and in the interest of
justice and equity.
3. In both the above petitions what has been challenged
is the order passed by respondent No.1 dated
28.03.2025 by virtue of which respondent No.1 taking
into account the various litigations and orders passed,
more particularly in RFA No. 343/2010, W.P.
No.44188/14 and 47891/2014 had directed the
Registrar to take out a paper publication inviting
applications for membership and to complete the
membership drive within the time period prescribed
therein.The petitioners in both the matters claim to be
members of respondent No.2-Society/Sangha.
4. Though there are various allegations which have
been made as regards formation of a Trust,certain
members being appointed as trustees without any
right to be appointed as such trustees, all these
issues were settled by way of Judgment in RFA
No.343/2010, when this Court held that the Society
is the owner of the properties and not the Trust, and
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in furtherance thereof directed election of the Society
after permitting the members of the community to
apply for membership of the said society.
5. It is in pursuance thereof the Registrar had passed
the impugned order dated 28.03.2015 taking note of
the directions in RFA No.343/2010 stating that paper
publication would be taken out and any person
wishing to become member could apply and the
same would be considered in terms of Byelaws which
is produced at Annexure-A to W.P. No.16524/2015.
6. Sri.B.V.Acharya, learned Senior counsel for the
petitioner in W.P. No.16524/2015 sought to contend
that there would be no requirement to call for and
induct new members, election of the Society has to
be conducted as per the membership of the Society
as on the date on which Judgment in RFA
No.343/2010 was passed, it is only as regards that
aspect of the order of respondent No.1 that he
submits is required to be set-aside and the order be
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restricted to holding the election of the existing
members of the Society as on that date.
7. Sri.K.N.Nithish.K.N, learned counsel for the petitioner
in W.P. No.25209/2015 submits that any election
cannot be held under the present management since
the petitioners in W.P. No.25209/2015 do not
recognise their appointment and continuation, as
also the appointment of committee and or sub-
committee by that particular management. He
submits that it is for the Registrar to conduct the
election after the enrolment of new members.
8. Sri.M.J.Alva, learned counsel for respondent No.2-
Society in both the matters would submit that the
Society is open for new members to be inducted and
elections to be conducted by the Registrar as
directed by the Registrar in the impugned order. His
submission is that until the elections are conducted,
it is the present management which will have to
facilitate the elections, provide all the information
and documents for the Registrar to do the
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needful.The present management will continue to
hold office until the elections are held, thereafter
depending on the outcome of the elections the
composition of the management committee would be
decided.
9. Learned AGA would submit that the Registrar would
follow any directions which may be issued by this
Court.
10. Heard Sri.K.N.Nithish, learned counsel for the
petitioner, Sri.Mahantesh Shettar, learned AGA for
respondent No.1 and Sri.M.J.Alva, learned counsel
for respondent No.2. Perused papers.
11. The present matters have been pending from the
year 2015. The suit from which the dispute arises
above was filed wayback in the year 1981 in O.S.
No.36/81 under Section 92 of CPC to settle the
administration of the Trust. The suit was disposed of
declaring the Trust Deed to be void with a direction
for transfer of the trust property to the society by the
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8th Addl. City Civil Judge, Bangalore on 6.11.2001.
Challenging the said Judgment and decree RFA
No.343/2010 [M.Subbarayappa and another-v-
Mysore State Vanhikula and others] was filed,
wherein this Court declared the taking over of the
property of the society by the Trust to be illegal,
allowed the appeal. Taking into consideration that
the Society was constituted in the year 1920,
registered with the Registrar of Societies in the year
1924, the Societies Registration Act which would be
applicable to the Society, the Society would continue
to be the owner of the said properties and it is in that
background that this Court had directed the Registrar
to ascertain from the records the details of the
members of the Society and conduct elections in
relation thereto.
12. The suit having been filed as aforesaid in the year
1981 and the matter now being taken up for
consideration in the year 2025, much water has
flown, many of the original members of the Society
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have expired and many new members have been
inducted albeit on the basis of allegation made by
each of the parties, it is only the members who are
favourable to each of the parties who have been
inducted. It is in that background I'am of the
considered opinion, taking into account the peculiar
facts and the time that has lapsed, that the
membership would have to be thrown open to all
members who are eligible to become members of the
second respondent society in terms of the Byelaws
produced at Annexure-A to WP 16524/2015 which
shall be considered by the Registrar and the
applications on being submitted in compliance with
the requirements would have to be allowed and such
persons approved to become members of the
Society.
13. In that view of the matter, it would be required for
the Registrar to commence the drive for enrolling
members to respondent No.2-Society by issuance of
necessary paper publication.
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a. The said paper publication to be issued within a
period of four weeks from today in terms of the
Byelaws of the respondent No.2-Society as
indicated supra.
b. The newspaper publication is to be taken out into
two English daily newspapers and two Kannada
newspapers in circulation in Bangalore, indicating
the last date for submission of the application
form to be not less than four weeks from the date
on which the paper publication is taken out by
the Registrar.
c. On receipt of the applications, the date and time
of receipt are to be endorsed on the application,
and necessary entries are to be made in the
concerned register.
d. Subsequent to the said last date, that is the cut
off date, the Registrar is restrained from
accepting any membership forms.
e. On receipt of the membership forms submitted by
intending members, the said application to be
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considered by the Registrar in terms of the above
indicated Byelaws and if the applicant were to
satisfy the requirement of the Bylaws to be
inducted as member upon payment of the
applicable fees in terms of the Byelaws.
f. The process of scrutinization to be completed
within 6 weeks from the date of last receipt of the
applications.
g. On scrutinization being completed, the Registrar
is directed to publish a final list of members in
the office of respondent No.2, as well as the
office of the Registrar of Societies.
h. Once the final list of membership is published,
the Registrar shall hold an election in terms of
the Bylaws stated supra within the timeframe as
stated in the said Byelaws as per the procedure
indicated therein, which shall be completed within
a period of 3 months from the date of publication
of final list.
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14. Though the submission of petitioners' counsel is that
enhanced membership fees is required to be collected,
I am of the considered opinion that no change thereof
can be made. The membership fees would have to be
as per the Byelaws as in operation. It would be for the
subsequent management committee who is elected to
take steps for such changes in the bylaws as
permissible and required by following due procedure.
Until the elections are held the present management
committee shall continue to discharge the managerial
duties. It is, however, made clear that the present
management committee shall not take any financial
decisions exceeding ₹2,00,000/- except for the regular
running of the society in terms of salary, regular
expenses, and also the election expenses.
15. Both the petitions stand disposed of with the above
observations.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
