1

IN THE HIGH COURT OF

CIRCUIT BENCH AT

DATED THIS THE 5 TH DAY OF DECEMBER 2012

BEFORE

THE HON’BLE MR. JUSTICE S. ABDUL NAZEER

WRIT PETITION NO.82206/2011 AND WRIT PETITION NOS.86925-87016/2012 (S-RES)

BETWEEN

1. SHANTAYYA S/O MANTAYYA Age: 45 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

2. SHIVANNA SHIVARAY NIMBAL Age: 65 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

3. MALLESH SHARANAPPA DASTAR Age: 80 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

4. AMRUT S/O. HANAMANTH DHOR Age: 48 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

5. ISMAILBI W/O. VALLISAB Age: 45 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA 2

6. MALASHETTEPPA S/O. NILKANTEPPA PODDI Age: 55 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

7. MOHD. ALISAB UPPIN Age: 65 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

8. ISMAILSAB KHATIKORE Age: 70 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

9. GURUNATH S/O. NAGMURTHY SUTAR Age: 50 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

10. SHIVARAJ S/O. SHANKREPPA VATAGAON Age: 52 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

11. BASAPPA S/O. HANAMATH HALLIKHED Age: 50 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

12. SAIPHANAMA W/O. MEHABOOB VAGAD Age: 48 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

13. SHIVANNA S/O. SIDDAPPA EKKANCHI Age: 58 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

14. DATTU S/O. GOLAPPA KADKOL Age: 55 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR 3

TQ. ALAND, DIST. GULBARGA

15. NARASING DORE Age: 72 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

16. TIPPANNA S/O. MALKAPPA KADKOL Age: 45 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

17. VIJAYLAXMI SHIVAKUMAR PATIL Age: 64 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

18. SIDDU S/O. MALKAPPA KADKOL Age: 42 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

19. SHIVAKUMAR S/O. BABURAO PATIL, Age: 42 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

20. ANSUBAI W/O. SHANKARAO PATIL Age: 58 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

21. UMADEVI W/O. SIDDU KADKOL Age: 40 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

22. SURYAKANTH S/O. GURUSHANT JIDAGE Age: 58 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA 4

23. SHASHIKANT S/O. GURUSHANT JIDAGE Age: 55 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

24. RAJSHEKHAR S/O. SHARANAPPA MALASHETTY Age: 55 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

25. RATNABAI W/O. SURYAKANTH JUDAGE Age: 45 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

26. PRAVEEN S/O. SHIVARAL SALEGAON AGE: 29 YEARS OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

27. SHYABIRA W/O. MEHABOOBA PAGAD AGE: 45 YEARS OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

28. TANUJA W/O. SHANKARGOUDA PATIL Age: 45 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

29. NUTAN W/O. SHARAGOUDA PATIL, Age: 40 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

30. CHANDAPPA S/O. MALKAPPA KADKOL Age: 52 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

31. SHOBHA W/O. BASAWARAJ PATIL, Age: 40 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR 5

TQ. ALAND, DIST. GULBARGA

32. SHIVASHARANAPPA S/O. KALLAPPA Age: 58 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

33. HANAMATH S/O. SHUIVASHARANAPPA Age: 50 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

34. GURUSHIDDAYYA S/O. SHANTAYYA MATHPATHI Age: 48 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

35. CHANDRAKANTH S/O. MONAPPA SUTAR Age: 50 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

36. MAHADEVI W/O. SHIVASHARANAPPA SARASAMB Age: 45 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

37. KASTURIBAI W/O. GUNDAPPA IKKALKI Age: 45 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

38. PHATRUMA W/O. AJEEJ RUDRAWADI Age: 58 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

39. KANNAMMA SHASHIKANTH JIDAGE Age: 40 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA 6

40. SAKSHI D/O. ANNARAO PATIL Age: 32 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

41. SIDRAMAPPA MALKAPPA KADKOL Age: 40 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

42. GANGANNA KASANNA SUTAR Age: 45 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

43. SIDDHAROD MONAPPA SUTAR Age: 60 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

44. CHINTAMANI SIDDHAROD SUTAR Age: 45 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

45. RAMESH S/O. VENKATRAO KULKARNI Age: 62 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

46. DAMENTHI PRAKASH KULKARNI Age: 40 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

47. PRAKASH S/O. RAMACHANDRA KULKARNI Age: 45 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

48. NIRMALA W/O. RAMESH Age: 40 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR 7

TQ. ALAND, DIST. GULBARGA

49. RESHMA W/O. CHANDSAB VAGAD Age: 40 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

50. BHARATBAI CHANDRAKANTH JIDAGE AGE: 40 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

51. SHARADABAI SHIVRAJ SALEGAON AGE: 45 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

52. LAXMIBAI W/O. SHANKARGOUDA PATIL AGE: 38 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

53. BHARATHI W/O. SHANKARGOUDA PATIL AGE: 35 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

54. RAJSHEKHAR S/O. BABURAO PATIL AGE: 35 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

55. SHAKUNTALA W/O. SHIVARAJ SALEGAON AGE: 29 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

56. GIRIJA WO. MALASHETTY SODDI AGE: 50 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA 8

57. DATTU S/O. RAMANNA SUTAR AGE: 40 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

58. SIDDU S/O. KASHANNA SUTAR AGE: 38 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

59. SUVARNA W/O. CHANDRAKANTH SUTAR AGE: 40 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

60. SHIVALINGAMMA W/O. SHANTAYYA AGE: 39 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

61. SHARANAPPA S/O. MALLAPPA SODDI AGE: 60 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

62. SAROJA W/O. CHANDAPPA KADAKOL AGE: 49 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

63. PUTALABAI KALYANI AGE: 30 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

64. REVAMMA SHIVASHARAN UDAGI Age: 50 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

65. AMBAVVA W/O. GURUSHANT AGE: 50 YEARS, OCC: R/O. VILLAGE BHUSNOOR 9

TQ. ALAND, DIST. GULBARGA

66. IRANNA KASHIRAY AGE: 70 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

67. PANDIT CHANDRAMAPPA KOTALI Age: 70 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

68. MANSINGH S/O. AMBRU RATHOD Age: 70 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

69. KALYANI RAMCHANDRA PODDAR Age: 65 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

70. SUMAN W/O. GUNDERAO PATIL Age: 58 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

71. ANNARAO S. PATIL Age: 50 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

72. SHIVARUDRA VIRAYYA Age: 48 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

73. SHARANAPPA MONAPPA SUTAR Age: 68 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA 10

74. BHAGAMMA W/O. ANNARAO PATIL Age: 45 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

75. BHARATHI W/O. ANIL PATIL Age: 38 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

76. ANIL S/O. SHANKARAO PATIL Age: 40 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

77. ASHOK S/O. SHANKARAO PATIL Age: 38 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

78. VIJALAXMI PATIL Age: 36 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

79. ANSUBAI PATIL Age: 58 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

80. NEELAMMA ANNARAO PATIL Age: 38 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

81. SAKSHI ANNARAO PATIL, Age: 32 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

82. NARASINGH DHOR Age: 72 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR 11

TQ. ALAND, DIST. GULBARGA

83. NUTAN SHARANAGOUDA PATIL Age: 40 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

84. TANUJA SHANKARGOUDA PATIL Age: 45 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

85. GUNDERAO B PATIL AGE: 65 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

86. KASHIBAI W/O. TIPPANNA KADKOL AGE:30 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

87. ANNARAO SIDDANGOUDA PATIL Age: 50 YEARS, OCC: AGRICULTURE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

88. RAJESHWARI W/O. ANNARAO PATIL Age: 45 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

89. CHANDAWWA W/O. SHIVASHARAN MANG AGE: 50 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA

90. CHANDASAB S/O. NABISAB PAGAD AGE: 35 YEARS, OCC: R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA 12

91. LALITABAI ANNARAO PATIL Age: 35 YEARS, OCC: HOUSEWIFE R/O. VILLAGE BHUSNOOR TQ. ALAND, DIST. GULBARGA. ... PETITIONERS

(By Sri R.J.BHUSARE, ADV )

AND

1. SMT. KAMALABAI W/O SHIVAGONDAPPA PATIL Age: 30 YEARS, OCC: HOUSEHOLD, R/O. BHUSANOOR VILLAGE, TQ. ALAND, -585 105.

2. SHAHEBGOUDA S/O. NINGANGOUDA PATIL Age: 43 YEARS, OCC: AGRICULTURE R/O. BHUSANOOR VILLAGE, TQ. ALAND GULBARGA DISTRICT-585 105.

3. THE SECRETARY EDUCATION DEPARTMENT GOVT. OF KARNATAKA, M.S. BUILDING BANGALORE-560002.

4. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY AND DISTRICT REGISTRAR GULBARGA-585 102.

5. THE DEPUTY DIRECTOR EDUCATION DEPARTMENT, BEHIND ENGINEERING COLLAGE, GULBARGA-585 102.

6. MALLIKARJUN VIDYAVARDHAK SANGHA BHUSNOOR, TQ. ALAND DIST. GULBARGA-585 105. REP. BY ITS PRINCIPAL. ... RESPONDENTS

(By SRI SHARANABASAPPA K.BABASHETTY HCGP FOR R3, 4 & 5) 13

---

These Writ Petitions are filed under Articles 226 & 227 of the Constitution of , praying to issue a wrot of certiorari or any other appropriate writ or order or direction to: quash the order passed by the 3 rd respondent dated 22.12.2010 bearing No. 2010-11/2389-90 produced at Annexure-A as illegal and etc.

These Writ Petitions coming on for Further Orders this day, the Court made the following:

ORDER

One Basavaraj Patil had filed a writ petition before this Court in W.P.No.84022/2009 challenging the order dated 15.10.2009 passed by the 4 th respondent rejecting his application for holding an enquiry relating to the constitution of the 6 th respondent Sangha. The 4 th respondent has issued an endorsement dated 15.10.2009 holding that the dispute raised by Basavaraj Patil is of a civil nature. He was directed to approach the Civil Court for appropriate reliefs. This Court has disposed of the said writ petition by reserving liberty to 1/3 rd of the members of the Sangha to make an application to the

4th respondent for holding an enquiry. Accordingly, the 14 petitioners filed a representation as per Annexure-L dated 23.06.2010 requesting the 4 th respondent to hold an enquiry to find out as to whether the 6 th respondent

Sangha has been validly constituted. The 4 th respondent has passed the order at Annexure-A dismissing their representation. The petitioners have called in question the validity of the said order in these writ petitions.

2. I have heard the learned counsel for the parties.

3. The 6 th respondent Sangha was reconstituted on 02.04.2009 from the year 2008-09, which is clear from the resolution of the committee at Annexure-F.

Petitioners have produced the memorandum of association of Sangha at Annexure-C. It is clear from the said memorandum that the Board of management of the

Sangha will be elected at the end of every third year during the Annual General meeting of the Sangha.

Admittedly, the board of management was elected for a period of three years. The Board of management of the 15

Sangha has to hold the office for the years 2008-09,

2009-10 and 2010-11. Therefore, with effect from the year 2011-12, the new managing committee has to be elected. The grievance of the petitioners does not survive for consideration at this stage because the term of office of the managing committee has come to an end.

Needless to say that a new board of management has to be constituted by the 6 th respondent for the year 2011-12 onwards. Whether the petitioners are the members of the

Sangha or not should be considered by the Sangha by taking note of the alleged payment of the annual subscriptions as per the receipts at Annexure-Q. If the

Sangha rejects the claim of the petitioners, they have to approach the competent authority for appropriate reliefs.

With these observations, writ petitions are dismissed. No costs.

SD/- JUDGE. MSR/-