Karnataka High Court
Vrushab S/O Shrimant Janaj vs Shri 108, Acharya Ratna on 10 January, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 105646 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 105646 OF 2022 (GM-R/C)
BETWEEN:
1. VRUSHAB S/O. SHRIMANT JANAJ,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: NO 125, BHAVAN, SOUNDATTI,
TAL: RAIBAG, DIST: BELAGAVI-591213.
2. MAHAVEER APPA PATIL,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: NO 107, KUMBAR ONI, SOUNDATTI,
TAL: RAIBAG, DIST: BELAGAVI-591213.
3. DADASAHEB SHRIMANT KUGE,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: H. NO. 586, KUGE GALLI, SOUNDATTI,
TAL: RAIBAG, DIST: BELAGAVI-591213.
GIRIJA A
4. MAHAVEER TAVANAPA HANJE,
BYAHATTI AGE: 46 YEARS, OCC: AGRICULTURE,
R/O: BHAVAN, SOUNDATTI,
Digitally
signed by TAL: RAIBAG, DIST: BELAGAVI-591213.
GIRIJA A
BYAHATTI
5. SURESH JINNAPPA KHEMALAPURE,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O: B. SOUNDATTI, TAL: RAIBAG,
DIST: BELAGAVI-591213.
...PETITIONERS
(BY SRI VITTHAL S. TELI, ADVOCATE)
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WP No. 105646 of 2022
AND:
1. SHRI 108, ACHARYA RATNA DESHABHUSHAN DIGAMBAR
JAIN ASHRAM TRUST, KOTHALI, KUPANWADI,
TAL: CHIKODI, DIST: BELAGAVI, REPRESENTED BY
AUTHORIZED PERSON /SECRETARY
SHRI SHANTINATH BALU TARDALE,
AGE: NOT KNOWN, OCC: NOT KNOWN,
R/O: KUPANWADI, TAL: CHIKODI,
DIST: BELAGAVI-591201.
2. VARDHAMAN ANANT SADALGE,
AGE: NOT KNOWN, OCC: ALLEGED TO BE PRESIDENT,
R/O: KUPANWADI,
TAL: CHIKODI, DIST: BELAGAVI-591201.
3. SHANTINATH BALU TARDALE,
AGE: NOT KNOWN, OCC: ALLEGED TO BE SECRETARY,
R/O: KUPANWADI, TAL: CHIKODI,
DIST: BELAGAVI-591201.
4. SUKUMAR NEMANNA PITAKE,
AGE: NOT KNOWN, OCC: ALLEGED TO BE TREASURER,
R/O: KUPANWADI,
TAL: CHIKODI, DIST: BELAGAVI-591201.
5. ANIL ANANT SADALGE,
AGE: NOT KNOWN, OCC: ALLEGED TO BE MEMBER,
R/O: KUPANWADI,
TAL: CHIKODI, DIST: BELAGAVI-591201.
6. DEVAGOUDA NEMGOUDA PATIL,
AGE: NOT KNOWN, OCC: ALLEGED TO BE MEMBER,
R/O: KUPANWADI,
TAL: CHIKODI, DIST: BELAGAVI-591201.
7. INDRAJEET PASGOUDA PATIL,
AGE: NOT KNOWN, OCC: ALLEGED TO BE MEMBER,
R/O: KUPANWADI,
TAL: CHIKODI, DIST: BELAGAVI-591201.
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WP No. 105646 of 2022
8. ADINATH APPASAHEB SHETTY,
AGE: NOT KNOWN, OCC: ALLEGED TO BE MEMBER,
R/O: KUPANWADI,
TAL: CHIKODI, DIST: BELAGAVI-591201.
9. ANNASAHEB SATAPPA KHOT,
AGE: NOT KNOWN, OCC: ALLEGED TO BE MEMBER,
R/O: KUPANWADI, TAL: CHIKODI,
DIST: BELAGAVI-591201.
10. SUBHASH ABHAY MIRJE,
AGE: NOT KNOWN, OCC: ALLEGED TO BE MEMBER,
R/O: KUPANWADI,
TAL: CHIKODI, DIST: BELAGAVI-591201.
11. THE STATE OF KARNATAKA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF PRIMARY AND SECONDARY
EDUCATION, 2ND GATE, 6TH FLOOR, M.S. BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU-01.
12. THE COMMISSIONER,
PUBLIC INSTRUCTION,
OFFICE OF THE COMMISSIONER FOR PUBLIC
INSTRUCTIONS DHARWAD,
OPP. TO LIC AND SBI MAIN BRANCH,
KCD ROAD, RODDHA ROAD,
MALMADDI, DHARWAD, KARNATAKA-580008.
13. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS, CHIKKODI,
DDPI CAMPUS, CHIKKODI,
DIST: BELAGAVI, KARNATAKA-591201.
14. THE DEPUTY PROJECT COORDINATOR
SARVA SHIKSHA ABHIYAN,
DDPI OFFICE CAMPUS, CHIKKODI,
DIST: BELAGAVI-591201.
...RESPONDENTS
(BY SRI. PRAVEEN UPPAR, AGA FOR R11 TO 14;
SRI. MADANGOUDA N. PATIL, ADV. FOR R1 TO 10)
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WP No. 105646 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE
ORDER DATED 23/04/2021 PASSED IN MISC APPLICATION NO
61/2021 BY THE VIII ADDL. DISTRICT AND SESSIONS JUDGE,
BELAGAVI VIDE ANNEXURE-AG.II. CONSEQUENTLY ISSUE A
WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE
PAPERS PUBLICATION DATED 15/10/2022 IN SAMYUKTA
KARNATAKA FOR RECRUITMENT OF TEACHERS IN
RESPONDENT NO.1 TRUST VIDE ANNEXURE-AH.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are before this Court seeking for the
following reliefs:
a) Issue a writ of certiorari or any other writ
quashing the order dated 23/04/2021
passed in Misc. Application No. 61/2021 by
the VII Addl. District and Sessions Judge,
Belagavi vide Annexure "AG".
b) Consequently issue a writ of certiorari or
any other writ quashing the Paper
publication dated 15/10/2022 in Samyukta
Karnataka for recruitment of teachers in
respondent No 1-trust vide Annexure "AH".
c) Issue any other writ or directions to meet
the ends of justice.
2. The contention of the petitioners is that, the District
and Session Judge has no powers under Section 3
and 7 of the Charitable and Religious Trust Act, 1920
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to appoint a Managing Committee, as held by this
Court, in W.P.No.104185/2021 in the case of Shri.
Vanavasi Shri.Ram Mandir Trust Vs. Shri.
Raghavendra Sondur and another, disposed of on
15.12.2021, in W.P.No.145233/2020 in the case
of Shree 1008 Mahaveer Bhagwan and others
Vs. Shri.Mahavir Jain Chaitalay of Machhe and
Others, disposed of on 31.03.2022 and in
W.P.No.101436/2018 and connected matters in the
case of Paschim Vibhag Shikshan Mandan
Bijagari Vs. The Commissioner and Appellate
Authority, Department of Public Education and
Others, disposed of on 01.12.2021.
3. This Court, in all the above matters, has categorically
come to the conclusion that the powers under
Section 3 and 7 of the Charitable and Religious Trust
Act, 1920, is limited to the purpose stated therein,
i.e., as regards providing of an opinion in the
administration of the Trust and exercising such
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powers of providing opinion, the Managing
Committee cannot be appointed. The said decision
will equally apply to the present case.
4. In that view of the matter, I pass the following:
ORDER
i. Writ petition is allowed.
ii. A certiorari is issued, order dated
23.04.2021, passed in Misc.
Application No.61/2021 by the VIII
Addl. District and Sessions Judge,
Belagavi, vide Annexure "AG" is
hereby quashed.
iii. The Registrar General is directed to
forward a copy of the judgments in
W.P.Nos.104185/2021, 145233/2020
and 101436/2018, to all the District
Judges to make them aware of the
position of law.
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iv. Liberty is reserved to the petitioners to
challenge any appointment made by
the Managing Committee, in
pursuance of the order dated
23.04.2021, in Misc. Application
No.61/2021.
In view of disposal of the main petition, pending
I.As., if any, do not survive for consideration.
Sd/-
JUDGE
gab
Ct-mck
