The District Court lacks jurisdiction under the Charitable and Religious Trust Act to appoint trustees.

Headnote:This matter considers the powers vested under Section 3 and 7 of the Charitable and Religious Trust Act, 1920, focusing on a petition filed by the petitioners dissatisfied with a prior ruling designating certain individuals as hereditary trustees. The Court elucidated its determination that the District Court lacks authority to appoint trustees under the specified sections, declaring the original petition non-maintainable. Consequently, it reaffirmed the independence of any disputes pertaining to trustee status to be resolved through proper proceedings without prejudicing any rights of the parties involved. The Court ultimately ordered the quashing of the previous ruling and dismissed the petition against M.A.No.112/2018.

Table of Content
1. petitioners seek to quash order designating trustees. (Para 1 , 2)
2. court rules district court lacks authority in trustee declaration. (Para 3)
3. quashed order and dismissed the underlying petition. (Para 4 , 5)

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 8^th 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.

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 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 8^th Addl. District and Sessions Judge, Belagavi in M.A.No.112/2018 is hereby quashed.

iii. M.A.No.112/2018 is dismissed.

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