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Karnataka Golf Association vs State of Karnataka

Karnataka Golf Association vs State of Karnataka

Type Court Judgment Court Karnataka Decided Aug 13, 2025
~3 min read
https://sooperkanoon.com/case/1649690

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Citation
Court
Karnataka High Court
Judge
Decided On
Case Number
WP/1404/2025

Parties & Advocates

Appellant / Petitioner

Karnataka Golf Association

Respondent

State of Karnataka

Excerpt

.....floor saleh arcade 18, leonard lane richmond town bengaluru 560 025. …respondents (by sri.rahul cariappa., aga for r1 to r3; sri. abhilash raju, advocate for r6 sri. m.d. raghunath, advocate for r4; sri. b.s. satyanand, advocate for r5) this w.p. is filed under articles 226 and227 of the constitution of india praying to declaration that the proceedings in case no. by r-5 and 6 before r-2 is without jurisdiction; quash the impugned order dated 06.01.2025 bearing numbe drb2/sam.sansthe/dooru/42/2023-24 passed by r-2 at annx-a; quash the impugned notice dated 15.01.2025 bearing number bkv.sec(25) inquiry.02-2024-25 by r-3 produced at annx-b. this petition, coming on for orders, this day, order was made therein as under: coram: hon'ble mr. justice b m shyam prasad -4-oral orderthe petitioner, a society registered under the karnataka societies registration act, 1960, is aggrieved by the decision to appoint an enquiry officer [annexure-a] and the notice issued by such enquiry officer [annexure -b]. it is now stated in unison that the proceedings afore were initiated at the instance of respondent nos.4 and 5, who have chosen to withdraw the very complaint and therefore the very enquiry is rendered infructuous. in the light of the afore, the following:order[a] the petition is allowed. [b] the order dated 06.01.2025 in no.drb-2/ sam.sansthe/ dooru/ respondent no.2 [annexure - a] and the notice dated 15.01.2025 in no. bkv: sec(25) inquiry: 02-2014-25 by -5- the respondent no.3 [annexure - b] are hereby quashed. sd/- (b m shyam prasad) judge nv

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1404 OF 2025 (GM-KSR) BETWEEN: KARNATAKA GOLF ASSOCIATION BEING A SOCIETY REGISTERED UNDER THE MYOSRE SOCIEITEIS REGISTRATION ACT HAVING ITS OFFICE AT NO.1, GOLF AVENUE KODIHALLI OFF HAL AIRPORT ROAD PB NO. 817 BANGALORE 560 008 REPRESENTED BY ITS PRESIDENT DR. SUBROTO CARIAPPA. …PETITIONER Digitally (BY SMT. NAYANA TARA B.G..,ADVOCATE) signed by VANAMALA AND: N Location:

1. STATE OF KARNATAKA High Court DEPARTMENT OF CO OPERATION of Karnataka REPRESENTED BY UNDER SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE 560 001. -2-

2. THE DEPUTY REGISTRAR OF

CO OPERATIVE SOCIETIES 2ND ZONE , BANGALORE URBAN DISTRICT, NO. 146 SAHAKARA SOUDHA, 2ND FLOOR 3RD MAIN ROAD, 8TH CROSS MARGOSA RAOD, MALLESHWARAM BANGALORE 560 003.

3. CO OPERATIVE DEVELOPMETN OFFICER/

SECTION 25 ENQUIRY OFFICER OFFIVE OF THE DEPUTY REGISTRAR OF COPERATIVE SOCIETIES NO.146, SAHAKARA SOUDHA 2ND FLOOR, 3RD MAIN ROAD 8TH CROSS, MARGOSA ROAD MALLESHWARAM BANGALORE 560 003.

4. MR. B R ANAND AGED ABOUT 54 YEARS S/O LATE B H RAMAIAH RESIDING AT FLAT NO. 12, KENSINGTON TOWERS KENSINGTON ROAD OPPOSITE HALASURU SWIMMING POOL BENGALURU 560 042.

5. CDR. MV RAGHAVAN AGED ABOUT 75 YEARS S/O M VENKATESWARLU RESIDING AT NO. 303 NIDHI APARTMENTS NO.40, NETAJI ROAD BANGALORE 560 005. -3-

6. MR. ARJUN ANEKAR AGED ABOUT 50 YEARS S/O SRI DEVPAL ANEKAL RESIDING AT NO.203, III FLOOR SALEH ARCADE 18, LEONARD LANE RICHMOND TOWN BENGALURU 560 025. …RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA FOR R1 TO R3; SRI. ABHILASH RAJU, ADVOCATE FOR R6 SRI. M.D. RAGHUNATH, ADVOCATE FOR R4; SRI. B.S. SATYANAND, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARATION THAT THE PROCEEDINGS IN CASE NO. BY R-5 AND 6 BEFORE R-2 IS WITHOUT JURISDICTION; QUASH THE IMPUGNED ORDER DATED 06.01.2025 BEARING NUMBE DRB2/SAM.SANSTHE/DOORU/42/2023-24 PASSED BY R-2 AT ANNX-A; QUASH THE IMPUGNED NOTICE DATED 15.01.2025 BEARING NUMBER BKV.SEC(25) INQUIRY.02-2024-25 BY R-3 PRODUCED AT ANNX-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD -4-

ORAL ORDER

The petitioner, a Society registered under the Karnataka Societies Registration Act, 1960, is aggrieved by the decision to appoint an enquiry officer [Annexure-A] and the Notice issued by such enquiry officer [Annexure -B]. It is now stated in unison that the proceedings afore were initiated at the instance of respondent Nos.4 and 5, who have chosen to withdraw the very complaint and therefore the very enquiry is rendered infructuous. In the light of the afore, the following:

ORDER

[A] The petition is allowed. [B] The Order dated 06.01.2025 in No.DRB-2/ Sam.Sansthe/ Dooru/ respondent No.2 [Annexure - A] and the Notice dated 15.01.2025 in No. BKV: Sec(25) Inquiry: 02-2014-25 by -5- the respondent No.3 [Annexure - B] are hereby quashed. Sd/- (B M SHYAM PRASAD) JUDGE NV

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