In the High Court of Karnataka Dharwad Bench

1 W.P.Nos.80415/2013 & 106097/2014 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 23 RD DAY OF FEBRUARY 2018 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL W.P.NO.80415/2013 (GM KSR) & W.P.NO.106097/2014 BETWEEN: MALAPRABHA VIDYAVARDHAK SANGH PARISHWAD GROUP PARISHWAD, TQ: KHANAPUR, DIST: BELGAUM R/BY CHAIRMAN SRI CHANDRASHEKHAR S/O BASAVANNEPPA SAMBARAGI AGE: 70 YEARS, OCC: SOCIAL SERVICE, R/O. HIREMUNNOLLI, TQ: KHANAPUR, DIST: BELGAUM. ... PETITIONER (BY SRI R M KULKARNI, ADV.) AND 1. THE REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF CO-OP. SOCIETIES, BELGAUM HAVLOCK ROAD, CAMP. BELGAUM 2 W.P.Nos.80415/2013 & 106097/2014 2. MALAPRABHA VIDYAVARDHAK SANGH (R) PARISHWAD GROUP PARISHWAD, TQ:KHANAPUR, DIST: BELGAUM R/BY ITS CHAIRMAN SRI ASHOK GURUSIDDAPPA ANGADI AGE: 53 YEARS, OCC: SOCIAL SERVICE, R/O. PARISHWAD, TQ: KHANAPUR DIST: BELGAUM 3. MALAPRABHA VIDYAVARDHAK SANGH (R) PARISHWAD GROUP PARISHWAD, TQ:KHANAPUR, DIST: BELGAUM R/BY ITS SECRETARY SRI CHANDANAGOUDA MALLANAGOUDA PATIL AGE: 54 YEARS, OCC: SOCIAL SERVICE, R/O. DEVALATHI,TQ: KHANAPUR DIST: BELGAUM 4. THE ENQUIRY OFFICER THE REGISTRAR OF SOCIETIES OFFICE, BELGAUM HAVLOCK ROAD CAMP, BELGAUM. 5. THE DISTRICT REGISTRAR FOR REGISTRATION AND STAMPS, D.C.COMPOUND, BELGAUM. ... RESPONDENTS (BY SMT. VEENA HEGDE, AGA FOR R1, R4 AND R5, SRI. SNJAY S.KATAGERI, ADV. FOR R2 AND R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.12.2012 PASSED BY THE RESPONDENT NO.1 AND THE ORDER DATED 23.01.2013 3 W.P.Nos.80415/2013 & 106097/2014 PASSED BY THE RESPONDENT NO.5 PRODUCED AS PER ANNEXURE – A AND B RESPECTIVELY AND ALSO QUASH THE ENQUIRY REPORT DATED 30.07.2007 SUBMITTED BY THE RESPONDENT NO.4 PRODUCED AS PER ANNEXURE –C. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard. 2. Petitioner No.1 and respondent Nos.2 and 3 are present. 3. The dispute between the parties in these petitions is whether the Malaprabha Vidyavardhak Sangh Parishwad Group, Parishwad or Malaprabha Vidyavardhak Sangh (R), Parishwad is the original trust called The Parishwad Group Vidya Vardhak Sangh, Parishwad. 4. The Parties agitated the matter before the District Registrar which led to the impugned orders Annexures- A and B based on the report Annexure-C. 4 W.P.Nos.80415/2013 & 106097/2014 5. During the pendency of these writ petitions both the parties have entered into a compromise. The compromise petition is filed on 8/12/2017. The compromise petition came up before this Court on 12/12/2018 for acceptance. This Court on enquiry found that the parties have executed the compromise petition voluntarily. 6. However on admissibility of the compromise, as requested by the learned Additional Government Advocate, this Court referred the matter to the first respondent to examine and submit whether the compromise is in compliance with Section 21 of the Karnataka Societies Registration Act. 7. The first respondent has submitted his report stating that the proposal of the parties in the compromise petition for amalgamation of rival societies is in accordance with Section 21 of the Karnataka Societies Registration Act. 5 W.P.Nos.80415/2013 & 106097/2014 8. Considering the material on record and submissions of the counsel and parties, compromise is recorded. The impugned orders Annexures-A dated 19/12/2012 and B dated 23/1/2013 and the report Annexure-C dated 30/7/2007 are hereby quashed. The petitions are allowed in terms of the compromise petition. 9. Petitioners are at liberty to produce the copy of this order and other relevant records before the first respondent and seek acceptance of the change report. 10. In view of the disposal of the petitions IA Nos.1/2014 and 3/2015 and memo dated 23/2/2017 do not survive for consideration and are disposed of accordingly. Sd/- JUDGE Vmb .

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