Karnataka High Court
Shri. Vanavasi Shri. Ram Mandir Trust vs Shri. Raghavendra Sondur on 15 December, 2021
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 15TH DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No.104185/2021 (GM-R/C)
BETWEEN
SHRI. VANAVASI SHRI. RAM MANDIR TRUST
MALAMADDI DHARWAD,
R/BY ITS MANAGING TRUSTEE,
R. P KULKARNI,AGE. 74 YEARS,
OCC. PENSIONER,R/O. MALAMADDI,
DHARWAD.
...PETITIONER
(By SRI.SHRIKANT T PATIL, ADV.&
SRI.ROHIT S PATIL, ADV.)
AND
1. SHRI. RAGHAVENDRA SONDUR
AGE. ABOVE 57 YEARS,
OCC. BUSINESS,R/O. MALAMADDI,
DHARWAD.
2. SHRI. KRISHNA R DESHAPANDE
AGE. ABOVE 62 YEARS,
OCC. BUSINESS,R/O. MALAMADDI,
DHARWAD.
.....RESPONDENTS
(By SRI.R.H.ANGADI, ADV. FOR R1;
R2-SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TOA. A WRIT
OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED
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IN MISC PETITION NO 21/2019 DATED 24/09/2021 ON THE
FILE OF PRL DISTRICT AND SESSIONS JUDGE DHARWAD
VIDE ANNEXURE-F BE PASSED IN THE ENDS OF JUSTICE AND
ETC.,
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. This petition is presented by Shree Vanvasi Ram Mandir Trust represented by the Managing Trustee, Sri.R.P.Kulkarni.
2. The petitioner-Trust had presented a petition under Sections 3 and 7 of the Charitable and Religious Trust Act, 1920 (for short 'the Trust Act') before the District Judge for approving appointment of seven persons as trustees.
3. The case pleaded before the District Court was that the petitioner-Trust was a trust which had been registered under the then prevailing Bombay Public Trust Act. It was their case that from the inception there were seven trustees as per the Bye-laws of the Trust and the Trust owned CTS No.93 measuring 2013.42 sq.mtrs. of :3: open space situate within the limits of Malmaddi village, Dharwad, wherein "Ram Mandir" was constructed and many religious activities were being conducted.
4. It was the case of the Trust that in the month of July 2018, there was only surviving trustee i.e., Sri.R.P.Kulkarni and since he was finding it difficult to manage the Trust, he had proposed to appoint 7 trustees. It was stated that Resolution was also passed and affirmed by the General Body of the institution and the trustees had taken charge of the Trust and had started officiating as trustees of the petitioner-Trust. It was stated that the Trust had applied to the Assistant Charity Commissioner, Belgaum to accept the change report in respect of new trustees but they were informed that the Assistant Charity Commissioner possessed no jurisdiction in view of the repeal of the Bombay Public Trust Act.
5. This petition under Sections 3 and 7 of the Trust Act, 1920 was contested by Sri.Raghavendra Sondur and :4: Sri.Krishna R.Deshpande. The District Court after holding an enquiry has passed an order which is to the following effect:
"ORDER Petition for approval of change of constitution of Shri Vanavasi Ram Mandira Trust, appointment of new trustees is rejected. Dharwad, i.e. P.W.1 Sri.R.P. Kulkarni is directed to select/elect the Trustees in a democratic manner by prescribing qualification for appointment of Trustees in consultation with senior members and well wishers of the Trust and thereafter hold election/selection of eight trustees in the presence of members of the Trust, in accordance with bye-laws of the Trust.
Said election/selection process shall be done in the presence of Tahsildar, Dharwad, who should be observer in the said election of the trustees of Shri. Vanavasi Ram Mandira Trust, Dharwad.
Tahsildar, Dharwad, is directed to be present and monitor the said process of selection of the trustees of Shri. Vanavasi Ram Mandir Trust."
6. As against this order, this writ petition is filed.
7. Before examining the merits and demerits of the case, at the outset, it has to be stated that petition under Section 7 of the Trust Act seeking for adjudication of a dispute relating to the Management of Trust, is beyond the purview of Section 7 the Trust Act.
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8. Section 7 of the Trust Act basically permits the trustees to approach the District Court seeking for an opinion, advice or direction from the Court in the administration or management of Trust property. A proceeding under Section 7 of the Trust Act cannot be initiated to determine as to who should or should not manage the Trust. The right to manage the Trust or administer the Trust would basically have to be governed only in accordance with Articles of Trust.
9. If there is any alleged breach or mismanagement of the Trust, an adequate remedy is provided in respect of a trust of a charitable nature under Section 92 of the CPC. In law, if any two or more persons having any interest in the subject matter of the trust are aggrieved by the mismanagement of a Trust, they can approach the District Court seeking for appropriate relief in the manner provided therein.
10. In this view of the matter, petition under Section 7 of the Trust Act could not have been :6: maintained. It also therefore follows from the above that the order passed by the District Court rejecting the approval sought for constitution of the Trust cannot also be sustained.
11. Consequentially, the direction that Sri.R.P. Kulkarni was to select or elect the trustees in a democratic manner by prescribing the qualification for appointing Trustees in consultation with of the Senior trustee as well as the well wishers of the trust and thereafter hold election or selection of eighth trustees in the presence of the members of the Trust, is beyond the scope of proceedings under Section 7 of the Trust Act. Similarly, the further direction that election or selection process would have to been done in the presence of Tahasildar, is also beyond the scope of proceedings under Section 7 of the Trust Act.
12. The petitioner-Trust, through Sri.R.P.Kulkarni, who is stated to be the only surviving Trustee is contending that he has the power to appoint trustees to :7: manage the Trust. It is submitted that he had exercised this power of appointing the trustees and if any person is aggrieved by the appointment of this Trustees, they are at liberty to approach the appropriate Forum under the appropriate provision of law and challenge the appointment of trustees.
13. So long as it is not in dispute that there was an existing Trust and Sri.R.P.Kulkarni was the trustee, it is clear that it is only that trustee who would be entitled to manage the Trust. Obviously, any other person or persons would not have the right to manage the Trust or its property either directly or indirectly. Therefore, if any other committee or body claims that they have a right to manage the Trust, that cannot be accepted and if they are aggrieved of any breach of the trust, they are at liberty to approach the appropriate Forum seeking for redressal of their grievances in relation to the Trust or its management. Until, they obtain an order from the Court in a proceeding that they may initiate, they would have :8: no right to interfere with the administration of the Trust by Sri.R.P. Kulkarni and other trustees that he had appointed.
14. It may be pertinent to state here that on 28.10.2021, an interim was granted by this Court in the following terms:
"ORDER
1. The petitioner is before this Court seeking for the following reliefs:
"a writ of certiorari to quash the impugned order passed in Misc.P.No.21/2019 dated 24/9/2021 on the file of Prl. District and Sessions Judge, Dharwad vide Annexure-F be passed in the ends of justice."
2. It is stated that the petitioner is a trust registered under the Bombay Public Trust Act 1950. At the time of registration, there were 7 trustees. During the course of time, six of those trustees either retired or expired leaving only one trustee. The sole trustee exercising his right under the provision of the trust deed appointed 7 persons to be trustees of trust and submitted Misc.P.No.21/2019 to the District and Sessions Judge, Dharwad, for confirmation /approval subsequent to the repeal of the BPT Act under Sections 3 and 7 of Charitable and Religious Trust Act 1920. Misc.P.No21/2019 was dismissed vide order dated 24/9/2021. The trial Court directed the sole trustee Sri. R.P.Kulkarni to select/elect the trustee in a democratic manner with certain condition being imposed. It is this order which is under challenge in these proceedings.
3. IA No.1/2021 has been field seeking for injunction restraining respondent Nos.1 and 2 either by themselves or through any of their followers, agents, servants from discharging the admission of the trust of sole trustee. Respondent No.1 is one of the person nominated by sole trustee. Respondent No.2 was not nominated. :9:
4. Admittedly, Sri. R.P.Kulkarni, is a sole trustee.
5. Hence, none else can claim to be trustee or administer the trust and no one else can participate in the management till compliance of the order of the Trial Court dated 24/11/2020.
6. In view the above, IA 1/2021 is allowed.
7. Respondent Nos.1 and 2 and their followers, agents, servantsor anybody claiming under them are restrained from interfering with the administration of the petitioner trust by Sri. R.P.Kulkarni until next date of hearing.
8. Issue notice to respondent Nos.1 and 2 returnable by15/12/2021.
9. Sri. K.L.Patil learned counsel submits that records are required. Registry is directed to secure the records in Misc. No.21/2019 from the Prl. District and Sessions Judge, Dharwad. 10. Process fee and copies to be furnished by 8/11/2021 failing which the interim order earlier passed shall stand automatically vacated.
11. Office objections to be complied with on or before 23/11/2021 failing which the above interim order shall stand automatically vacated.
12. Re-list on 15/12/2021."
15. In this view of the matter also, no person or body of persons other than the trustees appointed by Sri.R.P.Kulkarni and Sri.R.P.Kulkarni shall be entitled to administer the Trust and no one would be entitled to participate in the management of the Trust.
16. This interim order would however be subject to any order that may be passed by the competent : 10 : Courts in an appropriate proceeding initiated by any persons interested in the Trust and who are aggrieved by the management of the Trust.
17. Subject to the above, writ petition is disposed of.
18. In view of the disposal, all pending I.As. shall also be disposed of.
Sd/-
JUDGE KGK