OF

RESPONDENT

NO.3

DATED

15.06.2020,

IN

FILE

NO.

f2/SÁ¥Ëæ±Á/².«.ªÀ.¸ÀA./ªÀĸÀ©£Á¼À/2020-21/895 VIDE ANNEXURE-

K AND ETC.

W.P.NO.202274/2014:

41 YEARS, SECRETARY,

SRI SHIVANAND VIDYA VARDHAKA SANGH,

MASABINAL, BASAVAN BAGEWADI,

DISTRICT BIJAPUR.

3

(BY SRI. B.B.PATIL AND SRI. R.J.BHUSARE, ADVOCATES)

THE INSPECTOR GENERAL OF REGISTRATION

AND THE COMMISSIONER OF STAMPS

7^TH FLOOR, BWSSB WING, CAVERY BHAVAN,

K.G.HALLI, D'SOUZA LAYOUT,

ASHOK NAGAR, BANGALORE-560001.

DISTRICT REGISTRAR

SOLAPUR ROAD,

BIJAPUR.

MALLKAJAPPA B. BAGEWADI

MAJOR,

CHAIRMAN,

SHIVANAND V.V.SANGH, MASABINAL,

(A SOCIETY REGISTERED UNDER THE

KARNATAKA SOCIETIES REGISTRATION ACT, 1960)

TQ: BASAVANA BAGEWADI,

DIST: BIJAPUR

VEERAGONDAPPA M. PARENNAVAR

S/O MALLAPPA PARENNAVAR

MAJOR,

SECRETARY,

SHIVANAND V.V.SANGH, MASABINAL

(A SOCIETY REGISTERED UNDER THE

KARNATAKA SOCIETIES REGISTRATION ACT, 1960)

TQ: BASAVANA BAGEWADI,

DIST: BIJAPUR

GOLAPPA

S/O SHIVAPPA DEGINAL

AGE: 68 YEARS,

OCC: AGRICULTURE

ANNAPPA

S/O MALKAPPA NAGASHETTY

AGE: 58 YEARS,

OCC: AGRICULTURE

4

7.

GURULINGAPPA

S/O MALLAPPA NAANDI

AGE: 68 YEARS,

OCC: AGRICULTURE

8.

DANAPPA

S/O BHEEMAPPA NATEKAR

AGE: 57 YEARS,

OCC: AGRICULTURE

9.

VEERANAGOUDAPPA

S/O MALLAPPA PARENNAVAR

AGE: 55 YEARS,

OCC: AGRICULTURE

10.

SHIVAPPA

S/O GUTTAPPA PARENNAVAR

AGE: 55 YEARS,

OCC: AGRICULTURE

ALL ARE R/O MASIBINAL VILLAGE,

TQ: BASVANABAGEWADI

DIST: BIJAPUR

…RESPONDENTS

ADVOCATE FOR RESPONDENT NOs.1 AND 2;

SRI. BASAVARAJ KAREDDY, ADVOCATE FOR RESPONDENT

NOs.3 AND 4;

SRI. R.S.LAGALI, ADVOCATE FOR RESPONDENT NOs.5 TO 10)

THE

IMPUGNED

ORDER

DATED

29.01.2014

IN

NO.JINOKAVI/SANGHA/18/2013-14 AT ANNEXURE-S PASSED

BY DISTRICT REGISTRAR, BIJAPUR AND ETC.

THESE PETITION HAVING BEEN HEARD AND RESERVED

FOR

ORDER

ON

07.09.2021

COMING

ON

FOR

PRONOUNCEMENT OF ORDER THIS DAY, THE COURT MADE THE

FOLLOWING:

5

ORDER

Writ Petition No.202274/2014 is filed by a Person

claiming to be the Secretary of a Trust, challenging an

order dated 29.01.2014 (Annexure-S) passed by the

respondent No.2, at an enquiry under Section 25 of the

Karnataka Societies Registration Act, 1960 (henceforth

referred to as 'the Act of 1960') by which the annual

returns submitted by Shivanand Vidya Vardhak Sangh for

the year 2011-12 and list of committee members for the

2012-13 and the annual returns for the year 2012-13 and

list of committee members for the year 2013-14 of

Shivananda Vidyavardaka Sangha, a society registered as

Reg.No.68/2004-05, was accepted. The petitioner has

also sought for a writ in the nature of mandamus for a

direction to the respondent No.2 to hold an independent

enquiry as regards the audit reports of the society named.

Shivanand Vidya Vardhak Sangha.

6

2. In this case, both the Trust and the Society carry

the same name and hence wherever relevant they shall be

referred to as “Trust” or “Society”. The petitioner claims to

be the secretary of Sri Shivanand Vidya Vardhak Sangh

(henceforth to referred as 'Trust' for short) which was

registered as a public trust on 21.10.1971 under the

Bombay Public Trust Act, 1950 (henceforth referred to as

'BPT Act, 1950'). He claimed that the Trust had

established an English composite

Junior college

at

Masabinal and new High school at Basavana Bagewadi. He

claimed that the Trust owned land in Sy.No.89 of

Masabinal measuring 05 acres 10 guntas and Sy.No.135 of

B.Bagewadi measuring 01 acre 38 guntas. The Trust was

allegedly receiving enormous amount in the form of grant

from the Government. The petitioner alleged that he along

with 10 members were elected on 05.06.1992 to the

Governing body of the trust for the period 05.06.1992 to

04.06.1994. A report of the change of management of

Trust was filed before the Assistant Charity Commissioner,

which was contested by certain persons. The Assistant

7

Charity Commissioner in terms of his order dated

01.07.1994 in Enquiry No.695/1992 accepted the change

in Management, which was challenged by the objectors

before the Charity Commissioner in Appeal No.10/1994

where the parti