[Cites 4, Cited by 0]
Karnataka High Court
The Proposed Shri Sharan Recreation ... vs State Of Karnataka on 24 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 200986 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200986 OF 2026 (GM-KSR)
BETWEEN:
THE PROPOSED SHRI SHARAN RECREATION CLUB,
NIMBAL
R/BY. ITS PRESIDENT,
SHRI. VEERABHADRAYYA S/O. SHARANAYYA
HIREMATH, AGE: 30, OCC: SOCIAL WORKER,
R/O. NIMBAL,
TQ: ALAND, DIST: KALABURAGI
...PETITIONER
(BY SRI. SHUBHENDU A AKALWADI.,ADVOCATE)
Digitally signed by
NIJAMUDDIN AND:
JAMKHANDI
Location: HIGH
COURT OF 1. STATE OF KARNATAKA
KARNATAKA
R/BY ITS SECRETARY, DEPARTMENT OF HOME,
VIDHANA SOUDHA, BANGALORE -560 001.
2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
AND OFFICER OF SOCIETIES REGISTRATION,
KUVEMPU NAGAR, KALABURAGI-585102
3. THE COMMISSIONER OF POLICE
KUVEMPU NAGAR, KALABURAGI- 585102
4. THE SUPERINTENDENT OF POLICE
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WP No. 200986 of 2026
HC-KAR
KUVEMPU NAGAR, KALABURAGI- 585102
5. THE CIRCLE POLICE INSPECTOR
ALAND POLICE STATION,
TQ: ALAND, DIST: KALABURAGI
...RESPONDENTS
(BY SRI MALHARA RAO AAG A/W
SRI SESHADRI JAISHANKAR M, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE THE WRIT IN THE NATURE OF CERTIORARI BY
QUASHING THE ENDORSEMENT ISSUED BY RESPONDENT NO.2
BEARING NO.UNIKA/V-9/CLUB.NO./2025-26/2211 DATED
02.02.2026 VIDE ANNEXURE-C, B) ISSUE THE WRIT IN THE
NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2
AUTHORITY TO NOT TO INSIST UPON THE PETITIONER TO
OBTAIN NO OBJECTION CERTIFICATE FROM POLICE
AUTHORITIES I.E., RESPONDENT NO.3 TO 5 FOR THE REASON
OF REGISTRATION OF PETITIONER CLUB AS MENTIONED IN
THE BYLAWS, C) ANY OTHER RELIEF AS DEEMS FIT TO THIS
HONOURABLE COURT.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
Petitioner is before this Court in this writ petition is
filed under Articles 226 and 227 of the Constitution of
India seeking the following reliefs:
"A) Issue the writ in the nature of certiorari by
quashing the endorsement issued by respondent
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HC-KAR
No.2 bearing No.UNIKA/V-9/Club.NO/2025-26/2211
dated 02.02.2026 vide Annexure-C,
B) Issue the writ in the nature of mandamus
directing the respondent no.2 authority to not to
insist upon the petitioner to obtain No Objection
Certificate from police authorities i.e., respondent
No.3 to 5 for the reason of registration of petitioner
club as mentioned in the Bylaws,
C) Any other relief as deems fit to this Honourable
Court"
2. Heard learned counsel for the petitioner and
learned Additional Advocate General on behalf of
respondents.
3. Petitioner appears to have submitted an
application before the District Registrar of Societies under
the provisions of the Karnataka Societies Registration Act,
1960 for its registration. Considering the said application,
the impugned communication at Annexure-C dated
02.02.2026 has been issued by the respondent No.2,
addressed to the respondent No.3, seeking 'No Objection
Certificate' for registering the petitioner club under the
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provisions of Karnataka Societies Registration Act.
Assailing the same, the petitioner is before this Court.
4. According to the petitioner, the requirement of
obtaining any "No Objection Certificate" from the
Department of Police is not provided under any statute
and therefore, the respondent No.2 was not justified in
issuing the communication at Annexure-C dated
02.02.2026.
5. Per contra, learned Additional Advocate General,
who has argued in support of the impugned
communication, has placed reliance on the circular dated
09.12.2025 issued by the Department of Co-operative
Societies, Karnataka State, Bengaluru and submits that
respondent No.2 has issued the impugned communication
placing reliance on the aforesaid circular and therefore,
has sought to justify the action.
6. The Co-ordinate Bench of this Court in WP
No.105980/2018 disposed of on 31.10.2018 in identical
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circumstances has held that there is no necessity to secure
a "No Objection Certificate" from the Police Department for
the purpose of registration of a recreation club under the
provisions of Karnataka Societies Registration Act. In
paragraph Nos.4 and 5 of the said order, it is held as
under:
"4. The petitioner proposed to register itself as a club
under the Karnataka Societies Registration Act. The
Assistant Registrar of Co-operative Societies has
issued an endorsement dated 28.07.2018
(Annexure-B), directing the petitioner to secure a 'no
objection certificate' from the police department
without which the application of the petitioner will
not be considered.
5. A co-ordinate Bench, as stated above, has held
that the Registrar has to be satisfied as to whether
all requirements under the Act and Rules, especially
Section 8(2) of the Act is complied before registering
the Memorandum of Association and rules &
regulations. Under the circumstances, it was held
that the endorsement issued by the Assistant
Registrar of Co-operative Societies cannot be
sustained and is liable to be quashed. This Court
thereafter directed the respondents to consider the
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representation of the petitioner for registration of its
club, if, it is in accordance with the other
requirements of the Karnataka Societies and
Registration Act & rules, and pass appropriate orders
in accordance with law, within eight weeks from the
date of receipt of the copy of the order."
7. The circular dated 09.12.2025, on which reliance
has been placed by learned AAG, is not based on any
statutory provision and it appears that the said circular
has been issued by the Department of Co-operative
Societies. Under the circumstances, I am of the opinion
that the impugned endorsement at Annexure-C dated
02.02.2026 issued by respondent No.2 cannot be
sustained.
8. Accordingly, the following:
ORDER
i. Writ petition is allowed.
ii. Impugned endorsement at Annexure-C
dated 02.02.2026 is hereby quashed.
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iii. The competent authorities shall take
appropriate action to consider the prayer of
the petitioner for registration under the
provisions of the Karnataka Societies
Registration Act, 1960 as expeditiously as
possible.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NJ
List No.: 1 Sl No.: 6
