IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103556 OF 2024 (GM-R/C)

BETWEEN:

1. SHRI. VIRAMAL DEV BASTWAD MAHAL TRUST TQ. RAIBAG,DIST. BELAGAVI, BY ITS HEREDITARY TRUSTEE, SHRI. MADAPPA S/O. SIDRAM VADEYAR, AGE. 50 YEARS, OCC. PUJEARKI, R/O. BASTWAD MAHAL, TQ. RAIBAG, DIST. BELAGAVI, AND ALSO RESIDING #WARD NO.3, KANKANAWADI, TQ. CHIKODI, AND DIST. BELAGAVI-581231.

2. SHRI. MALLIKARJUN S/O. VITTHAL VADEYAR AGE. 32 YEARS, OCC. PUJEARKI, R/O. BASTWAD MAHAL, TQ. RAIBAG, DIST. BELAGAVI 591317.

…PETITIONERS (BY SRI. SANTOSH B RAWOOT, ADVOCATE)

Digitally signed by RAKESH S HARIHAR AND:

L C o o c u a r t t i o o n f : K H ar ig n h at aka, Dharwad Bench, SHRI. VIRAMAL DEV TRUST COMMITTEE Dharwad OF BASTWAD MAHAL, TQ. RAIBAG, DIST. BELAGAVI, REPRESENTED BY ITS PRESIDENT, SHRI. PUNDALIK S/O. SAVANT LATTE, AGE. 59 YEARS, OCC. ALLEGEDLY CLAIMING AS TRUSTEE/PRESIDENT R/O. BASTWAD MAHAL, TQ. RAIBAG, DIST. BELAGAVI 591317.

…RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, ORDER DATED 11/12/2023 PASSED BY THE VIII ADDL. DISTRICT JUDGE BELAGAVI IN MISCELLANEOUS PETITION NO.75/2023 VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioners are before this Court seeking the following prayer:

a. “Issue a writ in the nature of Certiorari or any other writ or direction, order dated 11/12/2023 passed by the VIII Addl. District Judge, Belagavi in Miscellaneous Petition No.75/2023 vide Annexure-E, in the interest of justice and equity.

b. Pass any such appropriate orders as this Hon’ble Court deems fit, just and proper in the circumstances of this case, in the ends of justice and equity.”

2. Heard Sri Santosh B. Rawoot, learned counsel for the petitioner.

3. Though the respondents have been served long ago, they have remained unrepresented.

4. Learned counsel for the petitioners submits that the issue involved in the present petition stands answered by the judgment rendered by the Co-ordinate Bench, which has held as follows:

1. “The petitioner is before this Court seeking for the following reliefs:

a. “Issue Writ in the nature of Certiorari quashing the order passed by the Xth Additional District Judge, Belagavi in Misc.No.152/2022 dated 02.01.2023 vide Annexure-L herein by allowing this Writ Petition and dismissing the Misc. No.

152/2022 filed by the respondent.

b. Issue such other relief’s and pass such other orders as this Hon’ble Court deems fit in the light of the above facts and circumstances of the case in the interest of justice.”

2. A trust by name Shri Parswanath Swami Basti, Yamakalmardi came to be registered under Bombay Trust Act 1950 on 13.10.1956. Subsequently, an application was made to the Assistant Charity Commissioner for registration of the said trust, which was so done on 24.8.1999 on the basis of a changed report.

3. The trust represented one Sri.Rajendra s/o Dharmu Kotimani had filed a petition under Section 3 and 7 of the Charitable and Religious Trust Act, 1920 (for short “Act of 1920”) in Misc.No.152/2022 before the X Additional District Judge, Belagavi seeking approval of the resolution passed by the trust as regards the managing committee of the trust. The names of the said members of the managing committee having been provided with the change report, was accepted by the said Court and the names of the Managing Committee has been provided by a trust was approved to be legal and valid vide the impugned order dated 2.1.2023, it is challenging the same the petitioners are before this Court seeking for the aforesaid reliefs.

4. The contention of the learned counsel for the petitioner is that the District Court did not have powers under Section 3 and 7 of the Act