- 1 - NC: 2025:KHC-D:1349 WP No. 100043 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100043 OF 2022 (GM-R/C) BETWEEN: 1. SHRI RAJU SHIVAJI BHATKANDE AGE. 42 YEARS, OCC. SERVICE R/O. HOUSE NO. 350 II CROSS MAHADWAR ROAD, BELAGAVI-590001. 2. SHRI AJIT DATTATRAYA JADHAV AGE. 44 YEARS, OCC. BUSINESS R/O. PLOT NO. 39 III CROSS SAMARTH NAGAR BELAGAVI-590010. 3. SHRI RAHUL JAYAWANT KURNE AGE. 30 YEARS, OCC. BUSINESS R/O. HOUSE NO.348/2 SAMBHAJI GALLI BELAGAVI-590001. 4. SHRI ABHIJEET BHIMA CHAVAN AGE. 39 YEARS, OCC. PRIVATE SERVICE R/O. CCB-78, TANAJI GALLI, BELAGAVI-590001. 5. SHRI SUNIL BALEKUNDRI AGE. 50 YEARS, CORPORATOR R/O: BHANDUR GALLI, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.27 16:33:39 +0530 - 2 - NC: 2025:KHC-D:1349 WP No. 100043 of 2022 BELAGAVI-590003. …PETITIONERS (BY SRI. SANGRAM S KULKARNI, ADVOCATE) AND: 1. SHRI KAPILESHWAR MAHADEV TRUST KAPILESHWAR GALLI, BELAGAVI REPRESENTED BY ITS HEREDITARY TRUSTEES AND POOJARI SHRI. KAPILNATH KASHINATH PUJARI ALIAS BUWA AGE. 32 YEARS, OCC. HEREDITARY POOJARI R/O. 9/1, KAPLIESHWAR GALLI BELAGAVI-590005. 2. SHRI SHRINATH KASHINATH PUJARI ALIAS BUWA AGE. 29 YEARS, OCC. HEREDITARY POOJARI OF SHRI. KAPLIESHWAR MAHADEV TRUST, R/O. 9/1, KAPILESHWAR GALLI BELAGAVI-590005. 3. SMT PREMA W/O KASHINATH PUJARI ALIAS BUWA AGE. 63 YEARS, OCC. HEREDITARY POOJARI OF SHRI. KAPLIESHWAR MAHADEV TRUST, R/O. 9/1, KAPILESHWAR GALLI BELAGAVI-590005. …RESPONDENTS (BY SRI. S.C. BHUTI., ADVOCATE FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 6/12/2021 VIDE ANNEXURE-C PASSED BY THE COURT OF 8TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI IN M.A.NO.112/2018 AND ETC. - 3 - NC: 2025:KHC-D:1349 WP No. 100043 of 2022 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of Certiorari and quash the impugned order dated 6.12.2021 vide Annexure-C passed by the Court of 8th Additional District & Sessions Judge, Belagavi in M.A.112/2018. b. Issue any other writ, order or direction to which the petitioners are found entitled to in the present facts and circumstances. 2. The petitioners are aggrieved by the order dated 6.12.2021 passed in M.A. No.112/2018 on a petition filed under Section 3 and 7 of the Charitable and Religious Trust Act, 1920, allowing the said petition and the declaration issued that respondents No.2 and 3 and one Kapilnath Shrinath Poojari were hereditary trustees. - 4 - NC: 2025:KHC-D:1349 WP No. 100043 of 2022 3. This Court vide its order dated 1.12.2021 in Writ Petition No.101436/2018 and connected matters [Pashchim Vibhag Shikshan Mandal Bijagiri -V- The Deputy Commissioner and Appellate Authority and others] has categorically come to a conclusion that the powers under Section 3 and 7 of the Charitable Religious Trust Act, 1920 does not provide the District Court any powers to declare anyone as trustees and or for appointment of trustees. The petition in M.A. No.112/2018 having been filed for such purpose was not maintainable and as such, the order passed therein is not sustainable. 4. Be that as it may, any dispute between the petitioners and respondents as regards they being trustees or otherwise would have to be independently ascertained in appropriate proceedings irrespective of the dismissal of M.A. No.112/2018. The Dismissal of MA No. 112/2008 does not in any - 5 - NC: 2025:KHC-D:1349 WP No. 100043 of 2022 manner adversely affect any rights that each of the parties has. 5. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. ii. A certiorari is issued, the order dated 6.12.2021 at Annexure-C passed by the 8th Addl. District and Sessions Judge, Belagavi in M.A.No.112/2018 is hereby quashed. iii. M.A.No.112/2018 is dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 0