Sri Gururaj S/O Hucharao Kulkarni Vs the State of Karnataka

ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAKKASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad BenchDate: 2025.02.25 15:12:47 +0530

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SRI SHREERANGA S/O BABURAV INAMDAR AGE. 64 YEARS, OCC. AGRICULTURE, R/O. # 1021, GADDI ONI, GURUWAR PETE, TQ: KITTUR, DIST; BELAGAVI-591115

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SRI HANUMATH S/O TAMMAJI KOTABAGI AGE. 55 YEARS, OCC. AGRICULTURE, R/O. GADDI ONI, GURUWAR PETE, TQ. KITTUR, DIST. BELAGAVI 591115

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SRI RAJENDRA KRISHNAJI NAGAR AGE. 67 YEARS, OCC. AGRICULTURE, R/O. 307, PRATIMA APARTMENT,

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3^RD FLOOR, KABBUR ROAD, MALAMADDI, TQ. AND DIST. DHARWAD 580007

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SRI VIKRAM MADHWABHATTA GADAGI AGE. 44 YEARS, OCC. AGRICUTLURE, R/O. # 1048, GURUWAR PETE, GADDI ONI, TQ. KITTUR, DIST. BELAGAVI 591115

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…PETITIONERS

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(BY SRI. K L PATIL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, REPRESENTED BY ITS COMMISSIONER, 2^ND AND 3^RD FLOOR, MAHADESHWARA VARTHA BHAVAN, VENKATRAO ROAD, CHAMRAJPET, BENGALURU 560001

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THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, D C COMPOUND, TQ. AND DIST. BELAGAVI 590001

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TAHSILDAR OFFICE OF TAHSILDAR, GURUWAR PETE, TQ. KITTUR, DIST. BELAGAVI 591115

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SHRI. VITTHAL DEVASTHAN TRUST COMMITTEE KITTUR, TQ. KITTUR, DIST. BELAGAVI 590001, REPRESENTED BY ITS CHAIRMAN.

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3 - NC: 2025:KHC-D:3635 WP No. 100053 of 2024

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SRI. VITHAL GOPALRAO PAGAD AGE. 56 YEARS, OCC. AGRICULTURE, R/O. NO. 943, GURUWAR PETE, TQ. KITTUR, DIST. BELAGAVI 591115.

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SRI. KRISHNAJI TAMMAJI KOTABAGI AGE. MAJOR, OCC. CHAIRMAN NAMED IN PRT SHEET OF RESPONDENT NO.4 TRUST R/O. GURUWAR PETE, TQ. KITTUR, DIST. BELAGAVI 591115

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…RESPONDENTS

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(BY SRI. M.M. KHANNUR.,AGA FOR R1-R3; SRI. ANOOP G. DESHPANDE., ADVOCATE FOR R4-R5; SRI. SHRIKANT T. PATIL., ADVOCATE FOR R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENTS NO.1 TO 3 TO TAKE CONTROL OF THE AFFAIRS OF RESPONDENT NO. 4 TRUST TILL MISC APPLICATION NO. 242/2023 TRUST/A-1000 (BGM) ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, IS DISPOSED OFF ON MERITS VIDE ANNEXURE-L AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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1. The petitioners are before this Court seeking for the

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following reliefs:

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i. Issue a writ in the nature of Mandamus directing Respondents No. 1 to 3 to take control of the

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affairs of Respondent No.4 Trust till Misc. Application No. 242/2023 Trust/A-1000 (BGM) on the file of Prl. District and Sessions Judge, Belagavi, is disposed off on merits; vide AnnexureL.

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ii. Issue a writ in the nature of Mandamus directing Respondents No.1 to 3 to maintain periodical accounts of Respondent No.4 Trust till such period as long as Respondent No.4 Trust remains in custody of Respondents No. 1 to 3.

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iii. Any other reliefs this Hon’ble Court deems fit for the facts and circumstances of the case.

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The reliefs which have been sought for is pending the consideration of Miscellaneous Application No.242/2023 on the file of the Principal District and Sessions Judge, Belagavi. The said proceedings in Miscellaneous Application No.242/2023 were filed under Section 3 and 7 of the Charitable and Religious Trust Act, 1920, seeking for confirmation of the resolution of the management committee as per the names which have

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been indicated therein.

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This Court in the case of Paschim Vibhag Shikshana

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Mandal, rep by President vs. Paschim Vibhag Shikshana Mandal, rep by its alleged President¹

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has categorically held that proceedings under Section 3 and 7 of the Charitable and Religious Trust Act, 1920 are not maintainable insofar as appointment of trustees and/or confirmation of the resolution appointing trustees. In view thereof, the very proceedings in Miscellaneous Application No.242/2023 are not sustainable and are required to be dismissed. The parties are free to bring the above to the notice of the Principal District and Sessions Judge, Belagavi along with the decision of the Division Bench of this Court in WP No.77680/2013 for doing needful.

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In view of the said Miscellaneous Application No.242/2023 not being maintainable, the question of the present Writ Petition being filed to issue mandamus pending consideration of Miscellaneous Application No.242/2023

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1 W.P.No.77680/2013 dated 27-08-2024

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would not arise. Any dispute between the trustees

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and/or the members of management would have to be sorted out by filing proceedings under Section 92 of the

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Code of Civil Procedure and not under Section 3 or 7 of the Charitable and Religious Trust Act, 1920. Hence, I pass the following:

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ORDER

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i) The Writ Petition is disposed.

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ii) Liberty is reserved to the parties to approach the Competent Court under Section 92 of the Code of Civil Procedure.

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iii)Liberty is also reserved to the parties to file necessary application for dismissal of Miscellaneous Application No.242/2023 in terms of the judgment of Division Bench of this Court in the

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case of Paschim Vibhag Shikshana Mandal, rep by President vs. Paschim Vibhag

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