- 1 - HC-KAR NC: 2025:KHC-D:17783 WP No. 66326 of 2012 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.66326 OF 2012 (KLR-RES) BETWEEN: DAKSHIN BHARAT JAIN SABHE, SHREE KSHETRA COMMITTEE, ATIKSHAYA KSHETRA, STAVANDI, TQ: CHIKODI, DIST: BELGAUM, R/BY ITS CHAIRMAN, SRI. RAMAGOUDA RAYAGOUDA PATIL, AGE. 42 YEARS, OCC. AGRICULTURE, R/O. NIPPANI, DIST. BELGAUM. … PETITIONER (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) AND: 1. VARDHAMAN PARIS UPADHYE S/O. PARIS UPADHYE, AGE: 80 YEARS, OCC: CHAIRMAN- SHRI BRAHMDEV, SHRI ADINATHDEV, SHRI PARASHWANATH SHRI SHANTHINATHDEV TRUST, R/O. GAVAN, TQ: CHIKODI, DIST: BELGAUM. 2. THE DEPUTY COMMISSIONER, COURT COMPOUND, BELGAUM. … RESPONDENTS (BY SRI. JAGADISH PATIL, ADVOCATE FOR R1; SMT. MALA B. BHUTE, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER AT ANNEXURE-A, PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BY HIS ORDER DATED 25.02.2012 BEARING APPEAL NO.900/2007 AND ETC. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.12 11:10:57 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17783 WP No. 66326 of 2012 THIS PETITION COMING ON FOR DICTATING JUDGMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the order dated 25.02.2012 passed by the Karnataka Appellate Tribunal in Appeal No.900/2007. 2. In terms of the order dated 25.02.2012 in Appeal No.900 of 2007, the appeal was allowed and the matter was remitted to respondent No.2-Deputy Commissioner to consider the claim of the petitioner and the claim of respondent No.1. 3. The contesting respondent No.1 is a Trust by name Shri Brahmdev, Shri Adinathdev, Shri Parshwanath, Sri Shanthinathdev Trust, Gavan, Taluk Chikodi, District Belagavi. 4. The petitioner-Trust claims that the property in question is Survey No.40/3 measuring 27 guntas situated in Gavan village, Taluk Chikodi and this - 3 - HC-KAR NC: 2025:KHC-D:17783 WP No. 66326 of 2012 property is granted to the petitioner-Trust in terms of order dated 25.07.2007. Said grant order was subject matter of an appeal before the Karnataka Appellate Tribunal and in terms of impugned order, the appeal is allowed on two grounds: (a) The suit is pending in respect of the property in question; (b) The rival claim of respondent No.1-Trust is not considered before passing the grant order. 5. Learned counsel for the petitioner-Trust has filed a memo dated 20.11.2025 along with two judgments and the said records are taken on record. 6. Learned counsel for the petitioner-Trust would submit that respondent No.1-Trust came into existence on 09.04.1954 under the Bombay Public Trust Act, 1950 and in the year 1972, there was a dispute before the Charity Commissioner and a Revision was filed before the Charity Commissioner. - 4 - HC-KAR NC: 2025:KHC-D:17783 WP No. 66326 of 2012 The said Revision was allowed and the matter is remitted to Assistant Charity Commissioner to hold fresh enquiry. Said order dated 19.08.1972 passed by the Charity Commissioner was the subject matter of writ petition in WP No.2265/1972 and the said writ petition was allowed and Charity Commissioner's order was set-aside on 07.06.1974. Later, a writ appeal in W.A.No.442 of 1974 was filed and same was allowed on 05.09.1984 and the order of the Charity Commissioner remanding the matter to the Assistant Charity Commissioner was upheld. 7. The correctness of the order passed in W.A.No.442/1974 was questioned in SLP No.1605 of 1985 and the said SLP was dismissed upholding the order of remand. 8. In the meantime, respondent No.1 had filed a suit in O.S.No.15 of 2007, seeking declaration of title over the property in question. The said suit came to - 5 - HC-KAR NC: 2025:KHC-D:17783 WP No. 66326 of 2012 be dismissed and appeal against the said suit in R.A.No.61 of 2023, on the file of Senior Civil Judge, Nippani is also dismissed on 28.02.2025. 9. Referring to the aforementioned facts, learned counsel for the petitioner would submit that the impugned order has to be set-aside as impugned order is passed on the premise that the suit is pending between the parties and the claim of respondent No.1 is not considered while granting the land in favour of the petitioner-Trust. 10. On going through the aforementioned judgment in O.S.No.15/2007, particularly findings on the issues, the Court is of the view that the claim of respondent No.1 is negatived in the aforementioned suit. Thus, respondent No.1-Trust has no right over the property. 11. This being the position, the Court is of the view that the impugned order has to be set-aside. - 6 - HC-KAR NC: 2025:KHC-D:17783 WP No. 66326 of 2012 12. Hence the following: ORDER i. Writ Petition is allowed. ii. Impugned order dated 25.02.2012 passed in Appeal No.900/2007, on the file of Karnataka Appellate Tribunal, is set-aside. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT:BCK LIST NO.: 1 SL NO.: 43