Karnataka High Court
Sri.Parashuram N. Hakkarki vs Navalgund Taluk Shikshan Samithi on 17 July, 2019
Author: S G Pandit
Bench: S.G. Pandit
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 17 T H DAY OF JULY, 2019
BEFORE
THE HON'BLE MR.JUSTICE S.G. PANDIT
WRIT PETI TION NO.109399/2019 (GM-CPC)
BETWEEN:
SRI.PARASHURAM N. HAKKARKI
S/O LATE NINGAPPA HAKKARKI,
AGED ABOUT: 52 YEARS,
R/A: NEAR VINAYAK ATEMPLE,
NAVALGUND AND TALUK,
DHARWAD DISTRICT-582 208.
...PETITIONER
(BY SRI.P.M.GOPI, ADVOCATE
AND SRI.UMESH .P.H., ADVOCA TE)
AND:
NAVALGUND TALUK SHIKSHAN SAMITHI,
SHANKAR COLLEGE OF ARTS AND COMMERCE,
NAVALGUND, DHARWAD DISTRICT,
REP. BY ITS CHAIRMAN,
SRI.DR.B.C. PUJAR,
AGED ABOUT: 83 YEARS,
OCC: CHAIRMAN NTSS,
R/A: H.NO.13, 1ST CROSS,
SAROVARNAGAR, KELGERI ROAD,
DHARWAD-582 208.
...RESPONDENT
(BY SRI.K.L.PA TIL, ADVOCATE
AND SRI.S .S.BETURMATH, ADVOCATE)
2
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
CPC PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING
THE IMPUGNED JUDGMENT AND DECREE PASSED IN
MISC.NO.56/2018 DATED 22.11.2018 BY THE COURT OF
PRICNIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD WHICH
IS PRODUCED AS ANNEXURE-"G".
THIS WRIT PETITION COMING ON FOR HEARING
ON I.A. THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court under Article 227 of the Constitution of India assailing the order dated 22.11.2018 passed in Misc.No.56/2018 by the Prl. District and Sessions Judge, Dharwad.
2. It is stated that the respondent is a registered Trust registered under the Bombay Public Trusts Act, 1950. The object of the Trust is to impart a better and good education for rural and backward students. The respondent- Trust is running various educational 3 institutions. The respondent-Trust filed petition before the Prl. District and Sessions Judge, Dharwad in Misc.No.56/2018 under Sections 3 and 7 of Charitable and Religious Trust Act, 1920 (for short, the 'Act'), praying to approve the co-option of Sri.Shivappa B Yallur as trustee as per resolution dated 27.05.2018. As there was no respondent, the Court ordered for paper publication for information of general public. Accordingly, the petitioner took out paper publication of the petition as ordered by the Court in Prajavani Kannada Daily newspaper dated 07.09.2018 of Shivamogga Edition. Thereafter, the Chairman of the respondent- Trust was examined as PW.1 and marked six documents as Exs.P.1 to P.6. After hearing, the Court below allowed the petition and approved the list of seven members as trustees of Navalgund Taluka Shikshan Samiti, Navalgund. 4 Aggrieved by the same, the petitioner is before this Court.
3. The petitioner claims to be a local resident of Navalgund who has interest in the Trust activities. The main ground of challenge is that the Trust is registered giving the address of H.No.13, Sarovar Nagar, Kelgeri Road, Dharwad and the Trust activities are carried on in the District of Dharwad. It was proper for the respondent-Trust before the trial Court to take out notice in a newspaper which has circulation in the Dharwad District. But taking out paper publication in Shivamogga District would not serve the purpose. The purpose of ordering paper publication is to see that the public are made know of the appointment or co-option of the member and if any public has any objection, to come before the court and to file objection. 5 The purpose of the paper publication is defeated by taking out paper publication in Shivamogga District. The respondent under Sections 3 and 7 of the Act filed petition before the District Judge, Dharwad praying to approve the co- option of a trustee. As there was no respondent to the petition, the Court ordered for paper publication, so as to enable the general public who are interested in the trust to oppose or support the petition. The Trust is registered at Dharwad and performs its substantial part of activities and subject matter of Trust is within the jurisdiction of Dharwad District. As such, respondent ought to have taken paper publication of the petition in a newspaper having circulation and edition of Dharwad District. The respondent instead of taking paper publication in Dharwad District newspaper edition, took out paper publication in 6 'Prajaavani' Kannada news daily of Shivamogga District. The purpose of paper publication is that the general public who are interested in the activities or in the welfare and development of Trust to com e forward with their opinion before the Court. In the present case, publication of newspaper in Shivamogga District where the activities of the Trust are not being carried on or performed, would defeat the purpose of publication. The respondent Trust ought to have taken paper publication of the notice of petition filed under the Act, in a newspaper of Dharwad Edition. Without going into any other contention only on the ground that the paper publication is taken out in Shivamogga District instead of Dharwad District, the order requires to be set aside. Accordingly, the order dated 22.11.2018 in Misc.No.56/2018 on the file of the Prl. District and Sessions Judge, Dharwad is set 7 aside and Misc.No.56/2018 is remitted back to the Court of Prl. District and Sessions Judge, Dharwad to continue the proceedings from the stage of publication of notice in a newspaper having circulation at Dharwad in the edition covering the area.
4. With the above, the writ petition is disposed of.
In view of the disposal of the writ petition, the interim order granted gets dissolved.
Pending interlocutory applications, if any, would not survive for consideration in view of the disposal of the writ petition.
Sd/-
JUDGE Sh