WP/31699/2025 of YUDDABHOOMI HORATA SENE (R) Vs THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT REGISTRAR OF SOCIETIES on 21 September 2026

ORAL ORDER

The present writ petition is filed seeking for the following reliefs: "a) Call for relevant records from Respondent No.lin order No. U NI RA/KA.SA.NO.RADDATI/01/2022-23 dated 06-05-2023 (vide Annexure-A) and from Karnataka Appellate tribunal Appeal No.156/2023-24 (vide Annexure-B)

b) Quash the Judgement passed by Karnataka Appellate tribunal in Appeal No.156/2023-24 dated 25.8.2025 (vide Annexure-B)

c) Quash the order passed by Respondent No. 1 order No. U NI RA/KA.SA.NO.RADDATI/01/2022-23 dated 06- 05-2023 [VIDE Annexure-A]

d) Award cost of the proceedings,

e) Grant any other relief/s that this Hon'ble Court may deem fit in the interest of justice and equity."

2. It is the case of the petitioner that the proceedings conducted by the first respondent under Section 27 of the Karnataka Societies Registration Act, 19601 for cancellation of the petitioner - society has been ordered upon without the petitioner having had an opportunity to effectively contest the 1 Hereinafter referred to as the 'Act'

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said proceedings. In this context, reference is made to the hearing dated 06.05.2023.

3. It is pertinent to note here that the proceedings under Section 27 of the Act were initiated by the first respondent and the date for the said proceedings was fixed on 26.04.2023.

Thereafter, the same was adjourned to 06.05.2023. On the said date of hearing, there was no representation on behalf of the petitioner and the first respondent by the impugned order dated 06.05.2023 (Annexure-A to the writ petition) has ordered for cancellation of the petitioner - society. Being aggrieved, the petitioner has preferred an appeal (Appeal No.156/2023-24) under Section 27(A) of the Act before the Karnataka Appellate Tribunal, Bengaluru2. The Tribunal by order dated 25.08.2025 (Annexure-B to the writ petition) dismissed the said appeal. Being aggrieved, the present writ petition is filed.

4. The Tribunal, while considering the appeal of the petitioner, has noticed that there was no representation on behalf of the petitioner and that the President of the Society 2 Hereinafter referred to as the 'Tribunal'

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could not represent in the proceedings due to his nephew's marriage. However, the Tribunal held that there was no explanation as to why no other official of the society could be deputed to attend the proceedings.

5. In any event, having regard to the fact that vide the impugned order dated 06.05.2023, the rights of the petitioner - society are adversely affected, it is expedient, notwithstanding the various contentions put forth on the merits of the matter, that the petitioner be afforded another opportunity of hearing before the first respondent.

6. In view of the aforementioned, the following:

ORDER

i. The writ petition is partly allowed;

ii. The order dated 25.08.2025 passed by the Karnataka Appellate Tribunal, Bengaluru, in Cop. Appeal No.156/2023-24 (Annexure-B to the writ petition) as well as the order bearing No.U NI RA/KA.SA.No.RADDATI/01/2022-23 dated 06.05.2023, passed by the first respondent (Annexure-A to the writ petition), are hereby quashed;

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iii. The representative of the petitioner shall appear before the first respondent on 07.10.2026 at 3.00 pm., without the requirement of any further notice being issued in this regard, consequent to which, the proceedings initiated in Case No. U NI RA/KA.SA.No.RADDATI/01/2022-23 under Section 27 of the Act, shall be continued after affording adequate opportunity of hearing to the petitioner as well as any other interested person/s;

iv. All rights and contentions of the parties on the merits of the matter are kept open to be decided by the first respondent.

v. Pending IAs., if any, stand disposed of.

(C.M. POONACHA) JUDGE

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