Writ Petition No. 25209 of 2015 · The High Court
Case Details
- 1 - 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) WRIT PETITION NO. 16524 OF 2015 (CS-RES) C/W 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, STP ROAD, BANGALORE 560002 3. SRI B. VINOD KUMAR 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 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10137 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
Legal Reasoning
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 - 3 - NC: 2025:KHC:10137 WP No. 25209 of 2015 C/W WP No. 16524 of 2015 …PETITIONERS 12. S/O ANDIYAPPA, R/O MELINA PETE, HOSAKOTE TALUK, BANGALORE 562129 (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 (BY SRI. MAHANTSH SHETTAR., AGA FOR R1; SRI. M.J. ALAVA., ADVOCATE FOR R2) …RESPONDENTS 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 - 4 - NC: 2025:KHC:10137 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 - 5 - NC: 2025:KHC:10137 WP No. 25209 of 2015 C/W WP No. 16524 of 2015 ...PETITIONERS 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 (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 - 6 - NC: 2025:KHC:10137 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 - 7 - NC: 2025:KHC:10137 WP No. 25209 of 2015 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 - 8 - NC: 2025:KHC:10137 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 - 9 - NC: 2025:KHC:10137 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) - 10 - NC: 2025:KHC:10137 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 facts and Hon’ble Court deems the fit in - 11 - NC: 2025:KHC:10137 WP No. 25209 of 2015 C/W WP No. 16524 of 2015 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 - 12 - NC: 2025:KHC:10137 WP No. 25209 of 2015 C/W WP No. 16524 of 2015 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 - 13 - NC: 2025:KHC:10137 WP No. 25209 of 2015 C/W WP No. 16524 of 2015 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 - 14 - NC: 2025:KHC:10137 WP No. 25209 of 2015 C/W WP No. 16524 of 2015 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
Decision
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 - 15 - NC: 2025:KHC:10137 WP No. 25209 of 2015 C/W WP No. 16524 of 2015 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 - 16 - NC: 2025:KHC:10137 WP No. 25209 of 2015 C/W WP No. 16524 of 2015 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. - 17 - NC: 2025:KHC:10137 WP No. 25209 of 2015 C/W WP No. 16524 of 2015 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 - 18 - NC: 2025:KHC:10137 WP No. 25209 of 2015 C/W WP No. 16524 of 2015 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. - 19 - NC: 2025:KHC:10137 WP No. 25209 of 2015 C/W WP No. 16524 of 2015 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 LN, List No.: 1 Sl No.: 74