Billavara Union, Mangalore vs Naveenchandra D. Suvarna and Another

V. Gopala Gowda, J.-I.A. No. I filed seeking amendment to the cause title is allowed. Counsel for the petitioner shall effect the necessary amendment.

The petitioner-Billavara Union is seeking to quash the impugned order at Annexure-F, dated 9-7-1997 passed by the 2nd respondent-Registrar of Societies declaring that only Akhila Bharatha Billavara Union is the valid association in existence.

The petitioner is not entitled to the relief sought for in the writ petition. Though the petitioner-Association was originally registered as Billavara Union as per Annexure-A, in the statement of objections it is stated that the name was changed as Akhila Bharatha Billavara Union by an amendment with effect from 24-3-1990 as per the Registration Certificate at Annexure-R1. That was done pursuant to a resolution dated 24-2-1990. In fact there was no objection to change the name. The Registrar of Societies has passed the order at Annexure-C, dated 22-1-1994 recognising Akhila Bharatha Billavara Union. One K. Raghavendra, claiming to be the Secretary of petitioner-Association, has filed W.P. No. 5391 of 1994 praying to quash the order at Annexures-F and J, dated 24-2-1990 and 22-1-1994 respectively. The said writ petition was disposed of as unnecessary in view of the order passed in W.P. No. 7829 of 1994 filed by the said Akhila Bharatha Billavara Union. In that petition the petitioner has sought to quash the very order at Annexure-A, dated 24-2-1990 only insofar as it was disadvantageous to it. The order passed in the earlier writ petition filed by the petitioner seeking to declare the amendment to the bye-laws of the erstwhile Billavara Union as Akhila Bharatha Billavara Union under Section 16 of the Act 1960 has become final, therefore the petitioner cannot challenge the impugned order in this petition.

From what has been observed above, it is clear that the name of the petitioner was amended in accordance with law and that has become final. The changed name of the petitioner has been entered in the records of the 2nd respondent-Registrar of Societies. In the circumstance, the 2nd respondent has rightly passed the impugned order at Annexure-F declaring that only Akhila Bharatha Billavara Union is validly existing. No fault can be found with the said order and the same need not be quashed.

It is also to be noted that since the petitioner-Association is no longer in existence in the name by which this writ petition challenging the impugned order is filed, therefore, this writ petition is not maintainable. A non-existence body of Association cannot maintain a writ petition before this Court. On this ground also the petition is liable to be dismissed.

Accordingly, writ petition is dismissed.