Mr. Atikrant Dadasaheb Patil, Vs Jain Shravak Mandal

¶1

1 - NC: 2025:KHC-D:2851 WP No. 101855 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶3

DATED THIS THE 12^TH DAY OF FEBRUARY, 2025

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

¶6

WRIT PETITION NO. 101855 OF 2023 (GM-R/C)

¶7

BETWEEN:

¶8

MR. ATIKRANT DADASAHEB PATIL, AGE. 42 YEARS, OCC. AGRICULTURIST, R/O: NEAR JAIN SHIKHAR BASATI, PATIL GALLI, AT POST: SADALGA, TQ. CHIKODI -591239, BELAGAVI.

¶9

Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench

¶10

SACHINRAYAGOUDA PATIL, AGE. 45 YEARS, OCC. BUSINESS, R/O: NEAR HIGH SCHOOL, AT POST: SADALGA, TQ: CHIKODI -591239, BELAGAVI.

¶11

MR. JITENDRA AJIT TAVANAKKE, AGE. 31 YEARS, OCC. AGRICULTURE, R/O: SHASTRICHOUK, AT POST: SADALGA, TQ. CHIKODI -591239, BELAGAVI.

¶12

…PETITIONERS

¶13

(BY SMT ARCHANA A. MAGADUM, ADVOCATE)

¶14

2 - NC: 2025:KHC-D:2851 WP No. 101855 of 2023

¶15

AND:

¶16

JAIN SHRAVAK MANDAL, SADALGA, TALUK: CHIKODI, DIST. BELAGAVI, REPRESENTED BY ITS SECRETARY, SHRI. BALASAHEB BAPUSAB PATIL, AGE. 58 YEARS, OCC. BUSINESS, R/O: SADALGA, TQ. CHIKODI -591239, DIST. BELAGAVI.

¶17

…RESPONDENT

¶18

(BY SRI VITTAL S.TELI, ADVOCATE)

¶19

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER AT ANNEXURE-A DATED 09/03/2023 PASSED IN MISCELLANEOUS PETITION NO.238/2022 ON THE FILE OF VIII ADDL. DISTRICT JUDGE, BELAGAVI. PASS SUCH OTHER ORDER, DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY.

¶20

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶21

3 - NC: 2025:KHC-D:2851 WP No. 101855 of 2023

¶22

ORAL ORDER

¶23

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

¶24

Heard the learned counsel Smt. Archana

¶25

A.Magadum appearing for the petitioners and the learned counsel Shri Vitthal S.Teli appearing for respondent.

¶26

The petitioners are before this Court seeking the

¶27

following prayer:

¶28

“A) Issue a writ of certiorari quashing the order at Annexure-A dated 09/03/2023 passed in miscellaneous petition no.238/2022 on the file of viii Addl. District Judge, Belagavi.

¶29

B) Pass such other order, direction as this Hon’ble Court deems fit in the interest of justice and equity.”

¶30

This Court on 31.01.2025 had passed the

¶31

following order:

¶32

“1. Heard the learned counsel Smt.Archana A. Magadum appearing for the petitioners and the learned counsel Sri.Vithal S. Teli, appearing for the respondent.

¶33

2. The issue in the lis is whether the concerned Court could pass an order as the one that is now passed. In the light of the co-ordinate benches of this Court holding that the said Court has no

¶34

4 - NC: 2025:KHC-D:2851 WP No. 101855 of 2023

¶35

jurisdiction to entertain such petitions under Sections 3 and 7 of the Charitable and Religious Trusts Act, 1920. The learned counsel would submit that in the light of the fact that the order was without jurisdiction and the co-ordinate bench is holding the same, the petition should be allowed and the orders should be set-aside.

¶36

3. The learned counsel Sri.Vithal S. Teli submits that identical orders passed in Paschim Vibhag Shikshana Mandal by the very Judge who had passed the earlier order. This is affirmed by the Division Bench in Writ Appeal No.100006/2022 and which is carried before the Apex Court and the Apex Court has stayed the operation of the order stated supra.

¶37

4. The learned counsel Sri.Vithal S. Teli would now submit that they are ready and willing to explore the possibilities of a settlement by taking all these petitioners and others, all of whom were members earlier as members and then re-do the entire exercise.

¶38

5. The said submission is not opposed by learned counsel Smt.Archna Magadum.

¶39

6. Therefore, I deem it appropriate to grant a week’s time to explore the possibilities of a settlement in the aforesaid forum.

¶40

7. In the event, the settlement would not come above, the issue would be answered on its merit on next date.

¶41

List on 07.02.2025 in the fresh matters list.”

¶42

Learned counsel appearing for the parties had submitted that they would explore the possibilities of

¶43

5 -

¶44

NC: 2025:KHC-D:2851 WP No. 101855 of 2023

¶45

settlement. The exploration has resulted in settlement and filing of the petition of such compromise. The terms of compromise read as follows:

¶46

“Herein, the application on behalf of the petitioners and respondent-trust represented by Secretary is as under:

¶47

1. That the petitioners being aggrieved by the order dated 09/03/2023 in Miscellaneous Petition No 238/2022 passed by the VIII Addl. District and Sessions Judge, Belagavi preferred above writ petition.

¶48

2. The petitioners and respondent-trust settled the dispute/lis, at the intervention of the elder of the village i.e. present Pancha-committee consist of 5 members

¶49

A. The petitioners and respondent-trust submit that the Pancha Committee will consist of 9 members which are as follows:

¶50

1. Shri. Vidyasagar Ramagouda Patil

¶51

2. Shri. Mallappa Tatoba Tavanakke

¶52

3. Shri. Sharadkumar Annasab Ladage

¶53

4. Shri. Mahaveer Adagouda Patil

¶54

5. Shri. Abhay Chamu Badanikai

¶55

6. Shri. Udaykumar Babasab Patil

¶56

7. Shri. Anand Appasab Tardale

¶57

8. Shri. Sumeru Suragouda Patil

¶58

9. Shri. Abhinandan Uday Patil

¶59

B. Both the petitioners and Respondent-Trust recognize earlier 65 members, along with the

¶60

6 - NC: 2025:KHC-D:2851 WP No. 101855 of 2023

¶61

additional 400 plus members, as existing members of the Respondent-Trust. Additionally, the Committee will scrutinize the current members and prepare a separate list of the Respondent-Trust's members.

¶62

C. That the-respondent-trust-Committee will form a committee consisting of 9 members and this committee will authorize two members/person i.e.,

¶63

1) Sharad Annasab Ladage & 2) Udayakumar Babasab Patil to sign the application for membership receipts.

¶64

i. This committee will invite an application for new membership for the trust, to Jain Community of Sadalaga village only of taluka Chikodi, Dist; Belagavi, to become a member of the respondenttrust from 15 February 2025 and last date to submit an application for membership 15 April 2025.

¶65

ii. This committee will scrutinize members application and publish draft provisional list of membership on or before 30 April 2025.

¶66

iii. This committee will call for objection if any, to draft provisional list of membership to be submitted on or before 10 May 2025.

¶67

iv. This committee will finalize the provisional list of membership and publish final list of membership including old members as well as indicate members of the respondent-trust on 1 June 2025.

¶68

D. The Committee consisting of 9 members from 1 June 2025 to 1 July 2025 will draft amendment of bye-law and once drafting of amendment completed.

¶69

E. The Committee consisting of 9 members will consult legal team, to get approval of amended byelaws from legal team.

¶70

7 -

¶71

NC: 2025:KHC-D:2851 WP No. 101855 of 2023

¶72

F. The Committee consisting of 9 members will publish the said draft amended bye-law at Basati on or before 15 July 2025.

¶73

G. The Committee consisting of 9 members will call for objection, if any, to draft amended bye-laws, to be submitted on or before 30July 2025.

¶74

H. The Committee consisting of 9 members will scrutinize, objection if any received, to the draft amended bye-laws on or before 10th August 2025.

¶75

I. The Pancha-Committee consisting of 9 members will consult legal team, to get approval of amended bye-laws after scrutiny from legal team on or before 20th August 2025.

¶76

J. The Committee consisting of 9 members will issue to 15 days 'clear notice of AGM (Annual General Body Meeting) fixing the date of AGM as 15 September 2025 to the indicated members as well as old members of the respondent-trust regarding indicating members, amendment of bye-laws etc.

¶77

K. The petitioners and respondent-trust submit that in-event of non-compliance of above settlement terms, the petitioners or the respondent- trust is/are at liberty to seek recalling of this compromise order before this Hon'ble Court and the petitioners or the respondent-trust [present committee] cannot claim any benefit, rights or entitlement of membership or any acts done pursuant this compromise etc will render nonest in the eyes of law.

¶78

4. The contents of the above compromise are ready over and explained to the both parties, infront of present Pancha Committee.

¶79

5. The petitioners and respondent-trust submit that above settlement/compromise is arrived out of free will, without any force, coercion etc.

¶80

8 - NC: 2025:KHC-D:2851 WP No. 101855 of 2023

¶81

The contents of the above paras are ready over and explained, the same are true and correct to the best of my knowledge information and belief.”

¶82

In the light of the settlement arrived at, in terms

¶83

of the afore-quoted terms of compromise, the petition is disposed recording the said compromise.

¶84

The result of the compromise is that the present Committee would continue till 15^th September 2025 and it is needless to observe that the parties would be bound by the terms of compromise so drawn and quoted herein above.

¶85

The impugned order stands modified in terms of the compromise that is entered into as recorded therein.

¶86

Ordered Accordingly.

¶87

Sd/(M.NAGAPRASANNA) JUDGE

¶88

VNP / CT: ASC List No.: 1 Sl No.: 16

Mr. Atikrant Dadasaheb Patil, v. Jain Shravak Mandal

Case brief

What is this about?

What did the court decide?

Mr. Atikrant Dadasaheb Patil, v. Jain Shravak Mandal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri Ramesh S/O Sadashiv Ittappanavar Vs the State of Karnataka

Shri.G.Malleshappa S/O G. Thimmappa Vs the State Bank of India

Dr.S.S.Naregal Vs the Registrar

Gurayya S/O Basyya Kambi Vs Karevva W/O Lakkappa Pasandavar

Shankar S/O Ramappa Nayak Vs the State of Karnataka

Sri. Shviayogi S. Kammar S/O Sathyappa Vs State of Karnataka