Karnataka High Court
Mr Manjunath H B vs State Of Karnataka on 24 July, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2025:KHC:28360
WP No. 17971 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 17971 OF 2025 (GM-RES)
BETWEEN:
1. MR MANJUNATH H B
S/O SRI OMKARAPPA,
AGED ABOUT 48 YEARS,
R/O 1 MAIN, 5TH CROSS,
KIRIWADE LAYOUT,
DAVANGERE - 577 004
(SECRETARY OF M/S JACKPOT
RECREATION CLUB,
HAVING OFFICE AT SY. NO. 22,
INGALADAHALLI VILLAGE,
ANDANOOR POST,
HOLALKERE TALUK,
CHITRADURGA DISTRICT)
Digitally ...PETITIONER
signed by
PRAKASH N (BY SRI. BHARATH KUMAR V., ADVOCATE)
Location:
HIGH COURT
OF AND:
KARNATAKA
1. STATE OF KARNATAKA
THROUGH
REGISTRAR OF COOPERATIVE SOCIETIES,
ALI ASKAR ROAD,
BENGALURU 560 001.
2. DEPUTY REGISTRAR OF
COOPERATIVE SOCIETIES AND
DISTRICT REGISTRAR,
CHITRADURGA
HAVING OFFICE AT
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NC: 2025:KHC:28360
WP No. 17971 of 2025
HC-KAR
B.L. GOWDA LAYOUT,
CHITRADURGA DISTRICT.
...RESPONDENTS
(BY SRI. RAHUL CARIAPPA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT QUASHING
THE ORDER DTD 20.12.2024 BEARING NO. DRD/SANGHA
SAMSTHE/SUM.NUN/2024-25 (ANNX-A) WHEREIN THE R-2
HAS REJECTED THE APPLICATION/COMMUNICATION
PRESENTED BY THE PETITIONER ON BEHALF OF M/S JACKPOT
RECREATION CLUB, FOR REGISTRATION OF THE SAME.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
The petitioner who is the Secretary of M/s.Jackpot Recreation Club has called in question the validity of the endorsement at Annexure-A refusing to register petitioner Society in terms of the provisions of Section 6 and 8 of the Karnataka Societies Registration Act, 1960.
2. The petitioner submits that the District Registrar of Societies has refused to register the Society on the sole premise that the Association and entities like petitioner though -3- NC: 2025:KHC:28360 WP No. 17971 of 2025 HC-KAR are registered with objectives which are otherwise legal, however subsequently they indulge in gambling and misuse of registration.
3. Reference is made in the said endorsement to the proceedings of the District Registrar dated 20.12.2024.
4. Learned Additional Government Advocate would submit that the action of not registering is on the sole premise of misuse of Recreation Centers though registered with legal objectives are found subsequently involving in gambling.
5. Learned Additional Government Advocate has placed reliance proceedings of the District Registrar dated 20.12.2024 and subsequent proceedings of the Deputy Commissioner dated 18.05.2024, copies of which are filed along with the memo.
6. It must be noticed that the registration of Recreation Clubs and Associations are made under Section 8 of the Karnataka Societies Registration Act, 1960 and there is no requirement of obtaining 'No Objection Certificate' from the Police and Certificate stating that they are not involved in criminal activities as is insisted by the Government. -4-
NC: 2025:KHC:28360 WP No. 17971 of 2025 HC-KAR
7. It is further noticed that the minutes of the meeting of the Deputy Commissioner drawn on the basis of the minutes of the Minister would require either at the time of registration or at the time of making statutory filings that the certificate from the Police Authorities be obtained to the effect that petitioner is not involved in gambling and other activities. Such certificate would be presumptuous of the activities of the petitioner and cannot be insisted upon and is not a condition enumerated under Section 8 of the Karnataka Societies Registration Act, 1960 or Rules.
8. Therefore, the proceedings of the District Registrar dated 20.12.2024 and subsequent proceedings of the Deputy Commissioner dated 18.05.2024 cannot have the effect of inserting requirement under Section 8 relating to registration.
9. Accordingly, Annexure-A is set aside. Respondent no.2 is directed to register the Association viz., M/s.Jackpot Recreation Club represented by its Secretary who is the petitioner herein, if other procedural requirements are adhered to without insisting for any conditions mentioned in the minutes of the Minister or the Deputy Commissioner referred to above. -5-
NC: 2025:KHC:28360 WP No. 17971 of 2025 HC-KAR
10. Needless to state, in the event of any misuse of the objectives or if the petitioner indulges in any illegal activities, it is open for the respondents or the police authorities to take action as is permissible in law.
Sd/-
(S SUNIL DUTT YADAV) JUDGE NP