- 1 - HC-KAR NC: 2025:KHC-K:3094 WP No. 201319 of 2024 C/W WP No. 201317 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201319 OF 2024 (GM-RES) C/W WRIT PETITION NO.201317 OF 2024 IN W.P.NO.201319/2024: BETWEEN: SANJEEVINI VIDYA VARDHAKA SAMSTHE, CHILD CARE INSTITUTION, CHOWDESHWARI COLONY, BRAHMPUR, KALABURAGI-585103. REPRESENTED BY ITS SECRETARY. …PETITIONER (BY SRI. GANESH SUBHASHCHANDRA KALBURGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CHILD AND WOMEN WELFARE, M.S. BUILDING, BENGALURU-01. 2. DIRECTOR, CHILD WELFARE DIRECTORATE, BENGALURU-01. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3094 WP No. 201319 of 2024 C/W WP No. 201317 of 2024 3. THE DISTRICT CHILD WELFARE OFFICER, KALABURAGI, DISTRICT CHILD WELFARE OFFICE, FIRST FLOOR, OPPOSITE CHANDRASHEKAR PATIL STADIUM, KALABURAGI-585102. 4. THE DEPUTY COMMISSIONER, KALABURAGI VIDHAN SOUDHA, KALABURAGI-585102. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE APPROPRIATE WRIT, MORE SO IN THE NATURE OF CERTIORARI AND FOLLOWING RELIEFS. I) QUASH THE ORDER DATED 11.01.2024 PASSED BY RESPONDENT NO. 2 IN FILE NO. s ¸ÀA.ªÀÄgÀ¤/£ÉÆÃA/PÀ®§ÄgÀV/gÀzÀÄÝ-PÀ/191/2023-24 THE COPY OF WHICH IS AT ANNEXURE-D. II) DIRECT THE RESPONDENT NO.3 TO CONSIDER THE APPLICATION AT ANNEXURE-B AND REPRESENTATIONS AT ANNEXURE-C, C1 TO C3. IN W.P.NO. 201317 OF 2024: BETWEEN: MAHBOOBSUBHANI EDUCATION SOCIETY, CHILD CARE INSTITUTION (DESTITUTE COTTAGE), LALGIRI, KALABURAGI-585103. REPRESENTED BY ITS PRESIDENT. …PETITIONER (BY SRI. GANESH SUBHASHCHANDRA KALBURGI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-K:3094 WP No. 201319 of 2024 C/W WP No. 201317 of 2024 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CHILD AND WOMEN WELFARE, M.S. BUILDING BENGALURU-01. 2. DIRECTOR, CHILD WELFARE DIRECTORATE, BENGALURU-01. 3. THE DISTRICT CHILD WELFARE OFFICER, KALABURAGI, DISTRICT CHILD WELFARE OFFICE, FIRST FLOOR, OPPOSITE CHANDRASHEKAR PATIL STADIUM, KALABURAGI-585102. 4. THE DEPUTY COMMISSIONER, KALABURAGI VIDAN SOUDHA, KALABURAGI-585102. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE APPROPRIATE WRIT, MORE SO IN THE NATURE OF CERTIORARI AND GRANT FOLLOWING RELIEFS I) QUASH THE ORDER DATED 11.01.2024 PASSED BY RESPONDENT NO. 2 IN FILE NO. ¸ÀA.ªÀÄgÀ¤/£ÉÆÃA/PÀ®§ÄgÀV/gÀzÀÄÝ-PÀ/191/2023-24 THE COPY OF WHICH IS AT ANNEXURE D. II) DIRECT THE RESPONDENT NO. 2 TO CONSIDER THE APPLICATION AT ANNEXURE-B AND REPRESENTATIONS AT ANNEXURE-C AND C1. DATED 10.02.2023 AND 30.07.2021. - 4 - HC-KAR NC: 2025:KHC-K:3094 WP No. 201319 of 2024 C/W WP No. 201317 of 2024 THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioners are running Child Care Institutions catering to the needs of juveniles. They were registered under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. However, by way of the impugned orders, their registration has not been renewed. Aggrieved by the same, the present writ petitions are filed. 2. The case of the petitioners is that, they made the necessary applications for renewal of registration as contemplated under law, but, without reference to the same and erroneously concluding that they have not made the necessary registration and in spite of the petitioners having necessary infrastructure, concluding that there are lapses on the part of the petitioners and without affording - 5 - HC-KAR NC: 2025:KHC-K:3094 WP No. 201319 of 2024 C/W WP No. 201317 of 2024 them an opportunity of hearing and without following the principles of natural justice, the impugned orders have been passed, wherein the recognition granted to the petitioners are not renewed. Attention of the Court is also draw to the requests said to have been made by the petitioners for renewal. 3. Per contra, learned Additional Government Advocate submits that, the impugned orders have been passed after physically inspecting the premises of the petitioners and justifies the same and prays for dismissal of the writ petitions. However, learned Additional Government Advocate is unable to answer when questioned about the request for renewal submitted by the petitioners and also the fact that the petitioners were not heard before passing the impugned orders. 4. The petitioners submit that if given an opportunity, they would explain before the authorities concerned how they meet all the necessary requirements - 6 - HC-KAR NC: 2025:KHC-K:3094 WP No. 201319 of 2024 C/W WP No. 201317 of 2024 to run a Child Care Institution as contemplated under the Act. 5. As it is seen that the impugned order has been passed without reference to the request of the petitioners for renewal of recognition and also without hearing the petitioners, this Court is of the opinion that interest of justice would be met, if the same are set aside and the matters are remanded back to respondent No.2 to hear the petitioners and thereafter pass appropriate orders in accordance with law. 6. Hence, the following: ORDER The impugned order dated 11.01.2024 passed by respondent No.2 vide Annexure-D (in both writ petitions) are set aside insofar as it relates to the petitioners-Institutions are concerned. The matters stand remanded back to respondent No.2 to hear the petitioners afresh, - 7 - HC-KAR NC: 2025:KHC-K:3094 WP No. 201319 of 2024 C/W WP No. 201317 of 2024 conduct an inspection of their establishments, if required and thereafter pass appropriate orders in accordance with law. Petitioners shall appear before respondent No.2 on 15.07.2025 at 11.00 a.m. without further notice. The writ petitions are disposed of. Sd/- (M.I.ARUN) JUDGE sdu/smp List No.: 1 Sl No.: 46