1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
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 UDAGI 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, GULBARGA DISTRICT-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 India, 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/-