- 1 - HC-KAR NC: 2025:KHC-D:13464 WP No. 104196 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 104196 OF 2022 (GM-CPC) BETWEEN SRI. GURU CHIDAMBAR DEVAR DEVASTHANR, TRUST COMMITTEE, MUGAD, REP. BY ITS PRESIDENT, MUGAD VILLAGE, TQ. & DISTRICT. DHARWAD-580001. ...PETITIONER (BY SRI. S. M. KALWAD, ADVOCATE) AND 1. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, DHARWAD-580001. 2. THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION) RAILWAYS, CLUB ROAD, KESHWAPUR, HUBLI-580023. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:13464 WP No. 104196 of 2022 3. THE PRINCIPAL SECRETARY GOVERNMENT, REVENUE DEPARTMENT, M. S. BUILDING, BENGALURU-560001. 4. SRI. MALLAPPA S/O. SIDDAPPA AKKI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. MUGAD, TQ.& DISTRICT: DHARWAD, PIN CODE-580001. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 & R3; SRI. M. B. KANAVI, ADV. FOR R2; SRI. S. C. BELLAKKI, ADV. FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 26/08/2022 MADE ON IA NO.III AND IV/2022 PASSED BY THE COURT OF II ADDL. SENIOR CIVIL JUDGE AND JMFC, DHARWAD IN EP NO.38/2020 BY REJECTING IA NO.3 FILED BY THE RESPONDENT AND TO ALLOW THE APPLICATION I.E. IA NO.4 FILED BY THE PETITIONER (ANNEXURE-H) AND ETC. THIS PETITION HAVING BEEN HEARD AND RESERVED ON - 3 - HC-KAR NC: 2025:KHC-D:13464 WP No. 104196 of 2022 25.09.2025 AND COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: CAV ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This petition is filed challenging order dated 26.08.2022 passed on IA.Nos.III and IV of 2022 in E.P.No.38/2020 by the II Addl. Senior Civil Judge and JMFC, Dharwad. 2. Sri.S.M.Kalwad, learned counsel appearing for the petitioner submits that respondent No.4 filed an application to keep the amount deposited by the respondent No.1-judgment debtor in a fixed deposit on the ground that he has been illegally removed from the presidency of the trust and that his father has gifted 1 acre of land to the temple trust and he has filed a civil suit challenging his removal as the president of the trust. It is further submitted that the current president of the petitioner- Trust filed an application for release of the deposited amount in favour of the decree holder. It is also submitted that the trial Court has incorrectly come to a conclusion that there is a dispute with regard to the presidency of the trust and there are chances of misuse of funds and ordered to keep the amount in fixed deposit, which is challenged. It is contended that the petitioner is - 4 - HC-KAR NC: 2025:KHC-D:13464 WP No. 104196 of 2022 a present president of the trust and the amount is required to be released for the purpose of the trust, which has not been appreciated by the trial Court. Hence, he seeks to allow the petition by releasing the amount. 3. Per contra, Sri.Shivaraj C. Bellakki, learned counsel appearing for respondent No.4 supports the impugned order of the trial Court and submits that respondent No.4 is the original president of the trust committee and the application filed by the petitioner claiming to be the trustee for withdrawal of amount has rightly been rejected by the trial Court as he cannot be a trustee as per the trust deed. The respondent No.4 is the permanent president of the trust and he cannot be removed and any dispute with regard to the presidency of the trust must be addressed by initiating the appropriate proceedings under the provisions of the Indian Trusts Act, 1882 (for short ‘the Act’). It is submitted that the alleged resolution of removing respondent No.4 is challenged in a civil suit and till the same is disposed off, the deposited amount cannot be released in favour of the petitioner. It is further submitted that there is no provision under the trust deed to remove respondent No.4 as a president of the - 5 - HC-KAR NC: 2025:KHC-D:13464 WP No. 104196 of 2022 trust and the entire action is illegal. Hence, he seeks to sustain the impugned order. 4. I have heard the learned counsel for the petitioner, the learned counsel for respondent No.4 and meticulously perused the material available on record. I have given my anxious consideration to the submissions advanced on both sides. 5. The records indicate that the land of Sri.Guru Chidambar Devar Devasthana trust was acquired for public purpose and the reference Court enhanced the compensation to Rs.45,000/- per gunta with solatium @ 30% and statutory interest in LAC.No.178/2011. The respondent No.4 filed an application claiming to be the president of the trust from 2005 and that his father has gifted one acre of land in favour of the trust. It is contended that respondent No.4 by creating documents and claiming as a president, tried to withdraw the amount and sought for deposit of the compensation amount in a fixed deposit in any nationalized bank. The petitioner has filed objections to the said application and also filed an application - 6 - HC-KAR NC: 2025:KHC-D:13464 WP No. 104196 of 2022 IA.No.IV for release of the amount which came to be rejected by the trial Court under the impugned order. 6. The trial Court has recorded the finding that there is a dispute with regard to the presidency of the trust and until that is resolved it would be necessary to deposit the amount in a nationalized bank. It is noticed that respondent No.4 was the president and he was removed on certain allegations. Admittedly, the resolution passed to remove respondent No.4 as a president of the trust is assailed by respondent No.4 in O.S.No.130/2024 and no interim order is granted in the said suit. The records indicate that respondent No.4 has filed an application on 15.03.2021 seeking to withdraw the deposited amount, which is produced as Annexure-G. The affidavit accompanying the said application signed by respondent No.4 indicates that he claims to be the owner of the land bearing Survey Nos.252/1, 252/2, 252/3 of Mugad Village, Dharwad Taluk and states that land measuring 1 acre 35 guntas was acquired. The paragraph No.4 of the affidavit indicates that the withdrawal of the amount is necessary to clear the hand loans and for his livelihood. The averments made in the affidavit - 7 - HC-KAR NC: 2025:KHC-D:13464 WP No. 104196 of 2022 indicate the intention of respondent No.4. Furthermore, there is a resolution on record for removal of respondent No.4 as the president of the trust on certain allegation and as on this day he has no right to neither seek withdrawal of the amount nor make a prayer to keep the amount in deposit. 7. The other contention of the respondent that the removal of respondent No.4 as the president of the trust is impermissible and other trustees ought to have filed an application before the District Court under the provisions of the Act has no merit. The issue in the present case is only with regard to withdrawal of the money deposited in the judicial proceedings for acquisition of land of the trust. As per the records available, it is evident that respondent No.4 has been removed from the presidency of the trust which has been challenged in the civil suit and no interim order is granted. Meanwhile, the petitioner, who is the current president, has filed an application for withdrawal of the money in favour of the trust, which is required to be allowed. It is needless to observe that the amount withdrawn is required to be strictly used for objectives of the trust and they are also required to maintain an account for - 8 - HC-KAR NC: 2025:KHC-D:13464 WP No. 104196 of 2022 the same. The observations made by this Court should not come in the way of the trial Court deciding the suit filed by the respondent or any other proceedings. These observations are only restricted to deciding this petition. 8. Hence, the impugned order calls for interference. Accordingly, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 26.08.2022 passed on IA.Nos.III and IV of 2022 in E.P.No.38/2022 is hereby set aside. iii. Consequently, the trial Court is directed to release the amount along with the accrued interest in favour of the petitioner-Trust. Sd/- (VIJAYKUMAR A.PATIL) JUDGE ABK /CT-AN List No.: 1 Sl No.: 1