- 1 - HC-KAR NC: 2025:KHC-D:12150 WP No. 103199 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH 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: 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 Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12150 WP No. 103199 of 2024 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) 1. 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. 2. Notice ordered on the respondent, though served, there is no appearance on the part of respondent. 3. The contention of the petitioner is that a proceedings under Sections 3 and 7 of the Charitable and Religious - 3 - HC-KAR NC: 2025:KHC-D:12150 WP No. 103199 of 2024 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. 4. 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. 5. In that view of the matter, I pass the following: - 4 - HC-KAR NC: 2025:KHC-D:12150 WP No. 103199 of 2024 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