Basavaraj Yamanappa Kamble Vs Shrikant D — Writ and Judicial Review | Karnataka HC (2025)

Basavaraj Yamanappa Kamble Vs Shrikant D — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

The entire proceedings before the Principal District and Sessions Judge, Belagavi, in Miscellaneous Application No. 191/2022, quashed as being without jurisdiction.

Issue for consideration

Whether proceedings under Sections 3 and 7 of the Charitable and Religious Trusts Act, 1920 — seeking acceptance of an annual general meeting resolution appointing the petitioner as successor and sole trustee to the President of the Trust — are maintainable, i.e., whether the District Court possesses any power of recognition or appointment of trustees under those provisions.

Court's answer

The provisions of Sections 3 and 7 of the Charitable and Religious Trusts Act, 1920 apply only in the limited sphere of aid and advice and/or seeking documents of a trust, and nothing else.

Ratio / Principle

There is no power available with the District Court under Sections 3 and 7 of the Charitable and Religious Trusts Act, 1920 for recognition of, or appointment of, trustees or the like; consequently the proceedings before the Principal District and Sessions Judge, Belagavi in Miscellaneous Application No. 191/2022 are without jurisdiction.

Detailed headnote1 paragraphs

Karnataka High Court, Dharwad Bench (Suraj Govindaraj J.), WP No. 103199 of 2024 (GM-R/C), decided 16.09.2025 — Writ petition allowed. Holding: Sections 3 and 7 of the Charitable and Religious Trusts Act, 1920 operate only in the limited sphere of aid and advice and/or seeking documents of a trust, and confer no power on the District Court to recognise or appoint trustees (or successors). Accordingly, the proceedings in Miscellaneous Application No. 191/2022 before the Principal District and Sessions Judge, Belagavi — founded on an AGM resolution appointing the petitioner as successor and sole trustee to the President of the Trust — were quashed as being without jurisdiction. The Court reached this conclusion treating the matter as no longer res-integra, following its own earlier orders dated 17.11.2021 in WP No.111276/2019 (Shri Chandrahas Dhumal v. Shri. Rohan Anil Salve) and dated 31.03.2022 in WP No.104185/2021 (Shri. Vanavasi Shri. Ram Mandir Trust v. Shri. Raghavendra Sondur). Respondent served but unrepresented.

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NC: 2025:KHC-D:12150 WP No. 103199 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16^TH DAY OF SEPTEMBER, 2025 BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 103199 OF 2024 (GM-R/C)

BETWEEN:

BASAVARAJ S/O. YAMANAPPA KAMBLE, AGE: 50 YEARS, OCC. ADVISORY COMMITTEE MEMBER, R/O.#13, NEAR POLICE HEAD QUARTERS, BELAGAVI, TQ. AND DIST. BELAGAVI-590003.

…PETITIONER

(BY SRI. MALLIKARJUN B. MADANALLI, ADVOCATE)

AND:

Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad

SHRIKANT D AGE: 71 YEARS, OCC. PRESIDENT OF DR.B.R.AMBEDKAR INSTITUTE OF EDUCATION/ SOCIAL DEVELOPMENT SC/ST MANAGEMENT, R/O. SULTANPUR, TQ. HUKKERI, DIST. BELAGAVI-591236.

…RESPONDENT (RESPONDENT-NOTICE SERVED BUT UNREPRESENTED) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ENTIRE PROCEEDINGS WHICH IS PENDING BEFORE THE PRL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN MISC APPLICATION NO 191/2022 VIDE ANNEXURE G TO THE WRIT PETITION. II) ISSUE A WRIT OF MANDAMUS, DIRECTION, DECLARATION OR ANY OTHER APPROPRIATE ORDER WHICH TO BE PASSED BY THIS HON BLE

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NC: 2025:KHC-D:12150 WP No. 103199 of 2024

HC-KAR

COURT DEEMED TO FIT IN FAVOUR OF THE PETITIONER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

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

The petitioner is before this Court seeking for the

following reliefs:

i. Issue a Writ in the nature of certiorari to quash the entire proceedings which is pending before the Prl. District and Sessions Judge, Belagavi in Misc Application No 191/2022 vide Annexure G to the writ petition.

ii. Issue a writ of mandamus, direction, declaration or any other appropriate order which to be passed by this Hon’ble Court deemed to fit in favour of the petitioner under the facts and circumstances of the case to meet the ends of justice and equity.

Notice ordered on the respondent, though served,

there is no appearance on the part of respondent.

The contention of the petitioner is that a proceedings under Sections 3 and 7 of the Charitable and Religious

3 - NC: 2025:KHC-D:12150 WP No. 103199 of 2024

HC-KAR

Trusts Act, 1920 seeking for relief of acceptance of the resolution passed in the annual general meeting appointing him as a successor and sole trustees to the President of the Trust is not maintainable.

This issue is no longer res-integra. This Court vide its order dated 17.11.2021 in WP No.111276/2019 (Shri Chandrahas S/o Ekanath Dhumal and Another vs. Shri. Rohan Anil Salve) and order dated 31.03.2022 in WP No.104185/2021 (Shri. Vanavasi Shri. Ram Mandir Trust vs. Shri. Raghavendra Sondur), has categorically come to a conclusion that the provisions of Sections 3 and 7 Charitable and Religious Trusts Act, 1920 would apply in the limited prospectus of aid and advice and or seeking for documents or trust and nothing else and there is no power, which is available with the District Court under Sections 3 and 7 for recognition and or appointment of the nine trustees, or the like.

In that view of the matter, I pass the following:

4 - NC: 2025:KHC-D:12150 WP No. 103199 of 2024

HC-KAR

ORDER

i. Writ petition is allowed.

ii. The proceedings before the Principal District and Sessions Judge, Belagavi, in Miscellaneous Application No.191/2022, are quashed as being without jurisdiction.

Sd/(SURAJ GOVINDARAJ) JUDGE

SH Ct:pa List No.: 1 Sl No.: 43