Karnataka High Court
C Venkatesh S/O. Late Obayya vs The State Of Karnataka on 29 August, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC-D:10933
WP No. 106246 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 29TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 106246 OF 2025 (GM-RES)
BETWEEN:
C. VENKATESH
S/O. LATE OBAYYA
AGE. 52 YEARS, OCC. NIL,
R/O. 12TH WARD, KASHIMATH BADAWANE,
HARAPANAHALLI-583131,
TQ. HARAPANAHALLI,
DIST. VIJAYANAGARA.
...PETITIONER
(BY SRI. PRUTHVI K.S., ADVOCATE)
AND:
Digitally signed by
1. THE STATE OF KARNATAKA,
GIRIJA A. REP. BY ITS PRINCIPAL SECRETARY,
BYAHATTI DEPT. OF REGISTRATION OF SOCIETIES,
Location: High
Court of M.S. BUILDING
Karnataka, DR. AMBEDKAR VEEDHI,
Dharwad Bench,
Dharwad BENGALURU 560001.
2. THE HARAPANAHALLI TOWN RECREATION
ASSOCIATION (REGD) HARAPANAHALLI,
REP. BY ITS PRESIDENT,
CHIDANAND IGOL, AGE. 62 YEARS,
R/O. NEAR OLD BUS STAND,
HARPANAHALLI-583131,
TQ. HARAPANAHALLI,
DIST. VIJAYANAGARA.
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NC: 2025:KHC-D:10933
WP No. 106246 of 2025
HC-KAR
3. THE HARAPANAHALLI TOWN RECREATION
ASSOCIATION (REGD) HARAPANAHALLI,
REP. BY ITS SECRETARY,
T.VASANTHKUMAR, AGE. 57 YEARS,
R/O. NEAR OLD BUS STAND,
HARAPANAHALLI-583131.
TQ. HARAPANAHALLI,
DIST. VIJAYANAGARA.
...RESPONDENTS
(BY SRI. SHARAD V. MAGADUM, AGA FOR R1;
NOTICE TO R2 & R3 IS DISPENSED WITH)
--
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE
IMPUGNED ORDER DTD: 9/6/2025 PASSED BY THE
RESPONDENT NO.2 AND 3 VIDE ANNEXURE-L, IN THE INTEREST
OF JUSTICE AND EQUITY & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accepts notice for respondent No.1.
Notice to respondent Nos.2 and 3 is dispensed with in view of the proposed order to be passed.
2. The petitioner is before this Court seeking for the following reliefs:
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NC: 2025:KHC-D:10933 WP No. 106246 of 2025 HC-KAR A. Issue a Writ in the nature of Certiorari by quashing the impugned order dtd: 9/6/2025 passed by the Respondent No.2 and 3 vide ANNEXURE-L, in the interest of justice and equity.
B. Issue a Writ in the nature of Mandamus by directing the Respondent No.2 and 3 to permit the Petitioner to continue as Member of the Harapanahalli Town Recreation Association, Harapanahalli, in the interest of justice and equity.
C. Issue a Writ in the nature of Mandamus by directing the Respondent No.2 and 3 to consider the reply dtd:
11/5/2025 and dtd: 25/6/2025 vide ANNEXURE-K and M submitted by the Petitioner and pass appropriate Order after providing the documents and opportunity to the Petitioner, in the interest of justice and equity.
D. Issue such other suitable order/s or directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.
3. Respondent No. 2 is a Society registered under the Karnataka Societies Registration Act, 1960, wherein the petitioner is stated to have been employed and subsequently his employment has been terminated, so also, the membership of the petitioner. Respondent No.2 being a Society registered under the Societies Registration Act, and there would be no particular -4- NC: 2025:KHC-D:10933 WP No. 106246 of 2025 HC-KAR public duty being discharged by Respondent No.2. The writ petition is therefore not maintainable.
4. Reserving liberty to the petitioner to avail such other civil remedy as may be available to the petitioner, the petition stands disposed of.
5. In view of disposal of the main petition, pending I.A. do not survive for consideration and the same stands disposed of.
Sd/-
(SURAJ GOVINDARAJ) JUDGE gab CT:VP LIST NO.: 1 SL NO.: 22