Karnataka High Court
The Kannada Sahitya Parishattu vs The Secretary on 8 September, 2025
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WA No. 1460 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT APPEAL NO.1460 OF 2025 (GM-KSR)
BETWEEN:
1. THE KANNADA SAHITYA PARISHATTU
REGISTERED SOCIETY UNDER
THE KARNATAKA SOCIETIES
REGISTRATION ACT, 1960
OFF/AT PAMPA MAHAKAVI ROAD
CHAMARAJAPETE
BENGALURU - 560 018
REP. BY ITS PRESIDENT
NADOJA DR. MAHESH JOSHI
S/O LATE SRI. HANUMANTH BHAT JOSHI
Digitally 2. SRI. NADOJA DR. MAHESH JOSHI
signed by S/O LATE SRI. HANUMANTH
AMBIKA H B BHAT JOSHI
AGED ABOUT 68 YEARS
Location: PRESIDENT, KANNADA SAHITYA PARISHAT
High Court of PAMPA MAHAKAVI RAOD
Karnataka CHAMARAJAPETE, BENGALURU - 560 018
ALSO AT
NO. 10, 'GURU GOVINDA KRUPA'
16TH MAIN ROAD, R.K LAYOUT
3RD STAGE, PADMANABHANAGAR
BENGALURU - 560 070
...APPELLANTS
(BY SRI ARUN SHYAM, SENIOR ADVOCATE ALONG WITH
SRI SUYOG HERELE E, ADVOCATE)
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AND:
1. THE SECRETARY
DEPARTMENT OF CO-OPERATION
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BENGALURU - 560 001
2. THE REGISTRAR OF
COOPERATIVE SOCIETIES
ALI ASKAR ROAD
NEAR RAJ BHAVAN
BENGALURU - 560 052
3. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES
AND DISTRICT REGISTRAR UNDER THE
KARNATAKA REGISTRATION ACT
AND DEPUTY REGISTRAR
II CIRCLE, BENGALURU URBAN DISTRICT
NO.146, SHAKAR SOUDHA
2ND FLOOR, 8TH CROSS ROAD
3RD MAIN ROAD
MARGOSA ROAD
MALLESHWARAM
BENGALURU - 560 003
4. SRI. B K SALEEM
DISTRICT REGISTRAR
UNDER THE KARNATAKA
SOCIETIES REGISTRATION ACT
AND DEPUTY REGISTRAR
II CIRCLE, BENGALURU URBAN DISTRICT
NO.146, SHAKAR SOUDHA
2ND FLOOR, 8TH CROSS ROAD
3RD MAIN ROAD
MARGOSA ROAD
MALLESHWARAM
BENGALURU - 560 003
5. THE ENQUIRY OFFICER AND
DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES
SRI. SHASHIDHAR
IV CIRCLE, BENGALURU URBAN DISTRICT
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WA No. 1460 of 2025
HC-KAR
NO.146, SHAKAR SOUDHA
2ND FLOOR, 8TH CROSS ROAD
3RD MAIN ROAD
MARGOSA ROAD
MALLESHWARAM
BENGALURU - 560 003
...RESPONDENTS
(BY SRI K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W
SMT.PRATHIMA HONNAPURA, ADDITIONAL ADVOCATE GENERAL
A/W SMT. NAMITHA MAHESH, ADDITIONAL GOVERNMENT
ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT
APPEAL AND SET ASIDE THE INTERIM ORDER DATED 25.07.2025
PASSED BY THE LEARNED SINGLE JUDGE IN THE WRIT PETITION
No. 20919/2025 ONLY TO THE EXTENT OF REJECTING INTERIM
RELIEF SOUGHT IN THE WRIT PETITION, IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellants have filed the present appeal impugning an
interim order dated 25.07.2025 passed by the learned Single Judge
in Writ Petition No.20919/2025 (GM-KSR). The appellants are
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aggrieved to the limited extent that the learned Single Judge has
not interdicted the holding of an enquiry under Section 25 of the
Karnataka Societies Registration Act, 1960.
2. It is contended on behalf of the appellants that the said
enquiry has been instituted by the Deputy Registrar suo motu
without following the principles of natural justice and without
affording the appellant-Society an opportunity to respond to the
complaints on the basis on which the enquiry is supposed to be
instituted. It is contented that the complaints were regarding
financial affairs and the subject matters could be responded only
after the final accounts have been adopted at the Annual General
Body Meeting.
3. The contention that the appellants were precluded from
responding to the complaints till the Annual General Body Meeting
of the society had accepted the accounts, is insubstantial. The
appellant-society, in any manner, is not precluded from responding
to the complaints pending acceptance of accounts in the General
Body Meeting.
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4. The contention that the appellants had not been given an
opportunity to respond to the complaints, prior to the Registrar
concluding to hold an enquiry, also does not appear to be merited.
The documents placed on record, including letter dated
10.06.2025, indicate that pursuant to the complaints received, the
appellant-Society was called upon to respond to the same.
However, the letter dated 20.05.2025 indicates that the appellant
did not respond to the complaints, but, sought additional time to
reply to the same after discussing the complaint at its executive
committee meeting.
5. The fact that the appellant did not avail the opportunity
afforded to it, cannot be a ground to hold that the enquiry has been
instituted without following the principles of natural justice.
6. We also note that the impugned order is an interim order and
all rights and contentions of the parties have not been closed.
Considering the same, we are refraining from making any further
observations regarding contentions as advanced. We found no
ground to interfere with the impugned order.
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7. The appeal is, accordingly, dismissed.
8. Pending application stands disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C M JOSHI)
JUDGE
AHB
