Karnataka High Court
Jnapanam Recreation Society vs The District Registrar Of Societies on 24 July, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
-1-
NC: 2025:KHC:28361
WP No. 813 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. 813 OF 2025 (GM-KSR)
BETWEEN:
1. JNAPANAM RECREATION SOCIETY
REPRESENTED BY ITS PRESIDENT
MAMATHA W/O JAYASIMHA KATROTH
AGED ABOUT 34 YEARS
R/O LOKESHWARAPPA BADAVANE,
HOLALKERE TOWN - 577526,
NOT REGISTERED.
...PETITIONER
(BY SRI. R SHASHIDHARA., ADVOCATE)
AND:
1. THE DISTRICT REGISTRAR OF SOCIETIES
CUM DEPUTY REGISTRAR OF
Digitally
signed by CO OPERATIVE SOCIETIES
PRAKASH N CHITRADURGA DISTRICT
Location:
HIGH COURT CHITRADURGA - 577501.
OF
KARNATAKA
2. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA - 577501.
...RESPONDENTS
(BY SRI. RAHUL CARIAPPA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, IN
THE NATURE OF WRIT, SETTING ASIDE THE ORDER PASSED BY
THE 1ST RESPONDENT IN NO.DRD/SANGHA
-2-
NC: 2025:KHC:28361
WP No. 813 of 2025
HC-KAR
SAMSTHE/SAM.NON/2024-25 DATED 26.12.2024 IS
PRODUCED AS ANNEXURE-H, TO THIS WRIT PETITION IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
The petitioner has called in question the endorsement at Annexure-H 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 are registered with objective which are otherwise legal and subsequently indulge in gambling and misuse of registration.
3. Reference is made in the said endorsement to the proceedings of the District Registrar dated 26.12.2024. -3-
NC: 2025:KHC:28361 WP No. 813 of 2025 HC-KAR
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 subsequently are found involving in gambling.
5. Learned Additional Government Advocate has placed reliance on the proceedings of the District Registrar dated 26.12.2024 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 nor of obtaining Certificate stating that they are not involved in criminal activities as is insisted by the Government.
7. It is further noticed that the minutes of the meeting of the Deputy Commissioner 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 -4- NC: 2025:KHC:28361 WP No. 813 of 2025 HC-KAR Police Authorities be obtained 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 as such requirement is not enumerated under Section 8 of the Karnataka Societies Registration Act, 1960 or Rules.
8. Therefore, the proceedings of the District Registrar dated 26.12.2024 and subsequent proceedings of the Deputy Commissioner dated 18.05.2024 cannot have the effect of inserting additional requirement under Section 8 relating to registration.
9. Accordingly, Annexure-H is set aside. Respondent no.1 is directed to register the petitioner Society 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.
10. Needless to state, in the event of any misuse of the objectives or if the petitioner is found indulging in any illegal -5- NC: 2025:KHC:28361 WP No. 813 of 2025 HC-KAR 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