TADAVALAGA MALLIKARJUNA VIDYA VARDHAKASANGHA (REGD.) vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11674
WP No. 200307 of 2025
C/W WP No. 200014 of 2025
CNR: KAHC030015492025
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.200307 OF 2025 (GM-KSR)
C/W
WRIT PETITION NO.200014 OF 2025 (GM-KSR)
IN WP NO.200307/2025:
BETWEEN:
TADAVALAGA MALLIKARJUNA VIDYA
VARDHAKASANGHA (REGD.), TADAVALAGA,
TQ. INDI, DIST. VIJAYAPUR-586 215
REPRESENTED BY ITS GENERAL SECRETARY
MAHADEVI W/O MALLAPPA, KAPPENAVAR
…PETITIONER
(BY SRI. S.S. MAMADAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO-OPERATION
M.S. BUILDING,
DR. B.R. AMBEDKAR VEEDHI
BENGALURU-01
REPRESENTED BY ITS SECRETARY
2. DISTRICT REGISTRAR AND
REGISTRAR OF SOCIETIES
VIJAYAPURA-586 101
Digitally signed
by SWETA
KULKARNI
Location: HIGH
COURT OF
KARNATAKA
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3. TADAVALAGA MALLIKARJUNA VIDYA
VARDHAKASANGHA (REGD.), TADAVALAGA
TQ. INDI, DIST. VIJAYAPUR-586 215
REPRESENTED BY ITS ALLEGED PRESIDENT
SHREE C.M.HUGAR
4. ENQUIRY OFFICER, S.D. KODGI
TADAVALAGA MALLIKARJUNA VIDYA
VARDHAKA SANGHA (REGD.), TADAVALAGA
TQ. INDI, DIST. VIJAYAPUR-586 215
R/O SHRI RENUKA COLONY
NEAR OM SHANTI GARDEN
PRAKRUTHI COLONY
VIJAYAPURA-586 103
5. THE JOINT REGISTRAR
OF COOPERATIVE SOCIETY
BELGAUM-588 101
6. THE ASSISTANT REGISTRAR OF
SOCIETIES AND ENQUIRY OFFICER
C/O DEPUTY REGISTRAR'S OFFICE
VIJAYAPURA-586 101.
…RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR AGA FOR R1, R2, R5 & R6;
SRI. SHIVANAND PATIL, ADV. FOR R3;
R4 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
I) QUASH THE ENQUIRY REPORT DATED 15.12.2023
SUBMITTED BY RESPONDENT NO.4, THE COPY OF WHICH IS
AT ANNEXURE-H; II) DIRECT THE RESPONDENT NO.6 TO
COMMENCE THE ENQUIRY AS PER ORDER DATED 06.11.2024
PASSED BY RESPONDENT NO.2, THE COPY WHICH IS AT
ANNEXURE-L; III) PASS ANY OTHER APPROPRIATE WRIT,
ORDER OR ISSUE DIRECTIONS AS IT DEEM FIT TO THIS
HON’BLE COURT CONSIDERING THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.
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IN WP NO.200014/2025:
BETWEEN:
TADAVALAGA MALLIKARJUNA VIDYA
VARDHAKA SANGH (REGD.), TADAVALAGA
TQ: INDI, DIST: VIJAYAPURA
BY ITS GEN. SECRETARY ANIL A PATANGI
AGE: 40 YEARS, R/O TADAVALAGA
TQ: INDI, DIST: VIJAYAPURA
...PETITIONER
(BY SRI. SHIVANAND PATIL, ADVOCATE)
AND:
1. THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETY
BELGAUM-588 101
2. THE DIST. REGISTRAR AND
DY. REGISTRAR OF SOCIETIES
VIJAYAPURA-586 101
3. THE ASST. REGISTRAR OF
SOCIETIES AND ENQUIRY OFFICER (RETD.)
C/O THE DEPUTY REGISTRAR OFFICE
VIJAYAPURA-586 101
4. SMT. MAHADEVI
W/O MALAPPA KAPPENAVAR
AGE: 45 YEARS, OCC: HOUSEHOLD
R/O BOLEGAON, TQ: INDI
DIST: VIJAYAPUR-586 101
...RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
SRI. S.S. MAMADAPUR, ADV. FOR R4)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER
OF THE LIKE AND QUASH THE IMPUGNED ORDER DATED
15.10.2024 IN FILE NO.KRA.GRL/G/CR-107/2023-24 OF
THE RESPONDENT NO.1 AS PER ANNEXURE-M AND ALSO
QUASH THE CONSEQUENTIAL IMPUGNED ORDER DATED
06.11.2024 IN FILE NO.KRA.SUM/DRG/SUMNOO/CR/ /
2024-25/577 OF THE RESPONDENT NO.2 AS PER
ANNEXURE-N TO THE WRIT PETITION IN THE INTEREST OF
JUSTICE AND EQUITY; B) ISSUE ANY OTHER ORDER OR
COMMAND AS MAY BE DEEMED NECESSARY IN THE FACTS
AND CIRCUMSTANCES OF THE CASE.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
W.P.No.200307/2025 is filed seeking following
prayers:
“I) Quash the enquiry report dated 15.12.2023
submitted by respondent no.4, the copy of which is
at annexure-H;
ii) Direct the respondent no.6 to commence the
enquiry as per order dated 06.11.2024 passed by
respondent no.2, the copy which is at annexure-L;
iii) Pass any other appropriate writ, order or issue
directions as it deem fit to this Hon’ble court
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considering the facts and circumstances of the
case, in the interest of justice.”
2. Heard Sri S.S. Mamadapur, learned counsel for
the petitioner, learned Additional Government Advocate
appearing for respondent Nos.1, 2, 5 and 6 and
Sri Shivanand Patil, learned counsel appearing for
respondent No.3.
3. The petitioner claims to be a General Secretary
of the petitioner-Sangha, which was registered initially
under the provisions of Bombay Public Trust Act, 1972 and
thereafter, the Sangha has been registered under the
provisions of the Karnataka Societies Registration Act,
1960 (hereinafter referred to as ‘the Act’ for brevity) with
a Registration No.337/2005-2006. The grievance of the
petitioner is that, the Society has been functioning in
accordance with the Memorandum of Association and by-
laws of the Society by the elected Governing Body
consisting of President, General Secretary, Vice President
and other members. However, during the year 2020-2021,
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the dispute arose when several members of the Society,
including the respondent No.3 faction tendered their
resignations and later these members were terminated
from their position acting as a Governing Body of the
Society.
4. It is averred that even after the removal,
respondent No.3 faction in collusion with the other
members, convened an unauthorized Annual General Body
Meeting on 22.04.2021 and fictitious documents including
the audit report were placed before respondent No.2 and
sought renewal of the Sangha, which was accepted by the
respondent No.2. It is also averred that being aggrieved
by acceptance of incorrect records, the petitioner has filed
writ petitions in W.P.No.201151/2021 and
W.P.No.201211/2021 and the said writ petitions were
dismissed. Being aggrieved, the petitioner preferred Writ
Appeal in W.A.No.200159/2022. The Division Bench of this
Court vide judgment dated 10.04.2023, clarified that the
Registrar has jurisdiction under Section 25 of the Act to
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conduct an enquiry with regard to the disputes regarding
the constitution, working and financial condition of the
societies. The petitioner sought to appoint an Enquiry
Officer to conduct enquiry over the irregularities of the
Society, which was accepted and Enquiry Officer was
appointed, who conducted the enquiry and submitted a
report at Annexure-H on 21.12.2023. The said report is
called in question mainly on the ground that the petitioner
has produced number of documents with regard to each of
the allegations, but, the enquiry report does not deal with
any of the assertions made in the complaint. However, the
Enquiry Report refers that the complainant as well as the
respondent-Society have failed to produce the document.
5. It is to be noticed that the Enquiry Officer
though refers to certain events in the Enquiry Report,
ultimately observes that the petitioner as well as the
respondent-Society have failed to produce the documents
and based on the same, a report is submitted. In my
considered view, the Enquiry Officer is required to consider
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and record his finding with regard to each of the
allegations made by the complainant in his representation,
which can be noticed from the written submission filed by
the petitioner dated 13.10.2023 at Annexure-G. In my
considered view, the allegations of the petitioner with
regard to malfunctioning of the Society is required to be
gone into by the Enquiry Officer by conducting detailed
enquiry by recording his finding with regard to each of the
allegations after providing an opportunity to the petitioner
as well as to the respondent No.3. Hence, it would be
appropriate to direct the respondent No.2 to nominate a
different person other than the respondent No.4 as the
Enquiry Officer, who shall conduct the enquiry afresh in
accordance with law. It is open for the petitioner as well as
the respondent No.3 to file their response in the enquiry
and on submitting such responses, the Enquiry Officer
appointed by respondent No.2 shall conduct the detail
enquiry and submit the report in accordance with law.
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6. Insofar as the writ petition filed in
W.P.No.200014/2025 is concerned, the respondent No.3 in
W.P. No.200307/2025 has filed the said writ petition
challenging the orders at Annexures-M and N dated
15.10.2024 and 06.11.2024, wherein the Joint Register of
Societies has ordered to appoint another Enquiry Officer.
Be that as it may. This Court is of the considered view that
the orders impugned in W.P.No.200014/2025 are liable to
be set aside in view of the direction in
W.P.No.200307/2025, wherein this Court has directed to
redo the enquiry afresh.
7. Hence, I proceed to pass the following:
ORDER
(i) W.P.No.200307/2025 is allowed . The
impugned Enquiry Report dated 15.12.2023 at
Annexure-H is quashed.
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(ii) W.P.No.200014/2025 is allowed . Impugned
orders dated 15.10.2024 at Annexure-M and
06.11.2024 at Annexure-N are quashed.
(iii) A writ of mandamus is issued to respondent
No.2-District Registrar and Registrar of
Societies, Vijayapura to appoint Enquiry Officer
other than the respondent No.4 in
W.P.No.200307/2025, who shall conduct the
enquiry as observed so far afresh.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
LG
List No.: 1 Sl No.: 47