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2025 DAILYLAW 20155 (KAR)

SMT.MAYA B.SRIDHAR v. STATE OF KARNATAKA

WP/7100/2025 · 2025-03-19

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:11461 WP No. 7100 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7100 OF 2025 (GM-POLICE) BETWEEN: 1. SMT. MAYA B. SRIDHAR, D/O LATE B.S. SRIDHAR, AGED ABOUT 48 YEARS, TRUSTEE OF SRI GEETHANJALI EDUCATIONAL TRUST, NO.22, CRESCENT ROAD CROSS, KUMARA PARK EAST, HIGH GROUNDS, BENGALURU - 560 001. 2. SMT. RITA SHENOY W/O SHIVARAJ SHENOY, AGED ABOUT 59 YEARS, THE PRINCIPAL, GEETANJALI OLYMPIAD SCHOOL, SY NO.77/7, PANATHUR VILLAGE, BEHIND CESSNA TECH PARK, VARTHUR HOBLI, BENGALURU - 560 103. 3. SRI. LAKSHMIKANTH RAJ G.R S/O LATE RAJU.G, AGED ABOUT 38 YEARS, THE ADMINISTRATOR OF GEETANJALI OLYMPIAD SCHOOL, RESIDING AT NO.76/2, GROUND FLOOR, MICO LAYOUT, SHAKTHI GANAPATHI TEMPLE, VIJAYANAGARA 2ND STAGE, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11461 WP No. 7100 of 2025 BENGALURU - 560 040. 4. SMT. CHAITRA K.P D/O PUTTASWAMY K.S, AGED ABOUT 39 YEARS, THE TEACHER AND COORDINATOR OF GEETANJALI OLYMPIAD SCHOOL, RESIDING AT KONDAPURA, KODAMBALLI POST, BENGALURU RURAL DISTRICT - 562 138. …PETITIONERS (BY SRI. PRABHULING NAVAGADI, SR. ADVOCATE FOR SRI. RAJESWARA P.N, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOMES, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER OF POLICE BENGALURU CITY, INFANTRY ROAD, BENGALURU - 560 001. 3. THE ASSISTANT COMMISSIONER OF POLICE MARATHAHALLI SUB-DIVISION, HAL AIRPORT ROAD, HAL GB QUARTERS, MARATHAHALLI, BENGALURU - 560 037. 4. THE STATION HOUSE OFFICER, MARATHAHALLI POLICE STATION, - 3 - NC: 2025:KHC:11461 WP No. 7100 of 2025 BENGALURU - 560 037. 5. SRI. NIKHIL SHIVAPRASAD S/O SHIVAPRASAD AGED ABOUT 35 YEARS, RESIDING AT FLAT NO.29, SRT TOWER, OUTER RING ROAD, SERVICE ROAD, CHALEKERE, BENGALURU - 560 043. 6. SMT. SHRUTHI NIKHIL W/O MR. NIKHIL AGED ABOUT 33 YEARS, RESIDING AT FLAT NO.29, SRT TOWER, OUTER RING ROAD, SERVICE ROAD, CHALEKERE, BENGALURU - 560 043. 7. SRI. R.M CHANDRA MOHAN S/O LATE SRI. R MARISWAMY, AGED ABOUT 78 YEARS, RESIDING AT NO. 155, 1ST MAIN, 4TH CROSS, LOWER PALACE ORCHADS, GUTTAHALLI, BENGALURU - 560 003. 8. SMT. C.M. SANDHYA, W/O SRI. R.M CHANDRA MOHAN AGED ABOUT 70 YEARS RESIDING AT NO. 155, 1ST MAIN, 4TH CROSS, LOWER PALACE ORCHADS, GUTTAHALLI, BENGALURU - 560 003. 9. SRI. N. SHIVAPRASAD, S/O. LATE. NANJAPPA, AGED ABOUT 60 YEARS, RESIDING AT FLAT NO.29, - 4 - NC: 2025:KHC:11461 WP No. 7100 of 2025 SRT TOWER, OUTER RING ROAD, SERVICE ROAD, CHALEKERE, BENGALURU - 560 043. 10. SMT. UMA SHIVAPRASAD, W/O N. SHIVAPRASAD, AGED ABOUT 53 YEARS, RESIDING AT FLAT NO.29, SRT TOWER, OUTER RING ROAD, SERVICE ROAD, CHALEKERE, BENGALURU - 560 043. 11. PRASHANTH. A, S/O M. ANJINAPPA, AGED ABOUT 41 YEARS, RESIDING AT NO.99, 18TH CROSS, 28TH MAIN, HSR LAYOUT, 2ND SECTOR, BENGALURU - 560 102. 12. PRAVEEN KUMAR. S, S/O SWAMY, AGED ABOUT 27 YEARS, RESIDING AT UPPARA STREET, MODDAHALLI, CHANNALINGANAHALLI, KOLLEGAL TALUK, CHAMARAJNAGAR - 571 443. ALSO RESIDING AT SRI. TOWER, OUTER RING ROAD, SERVICE ROAD, CHALKERE, BENGALURU - 560 043. 13. MOHAMMED JAFFAR SIDDIQ, S/O MOHHAMED IBRAHIM, AGED ABOUT 26 YEARS, RESIDING AT NO.29/30, 6TH CROSS ROAD, DR. APJ ABDUL KALAM MAIN ROAD, - 5 - NC: 2025:KHC:11461 WP No. 7100 of 2025 GOVINDAPURA MAIN ROAD, RASHADNAGAR, BENGALURU - 560 045. 14. SRI. CHETHAN, FATHER'S NAME NOT KNOWN TO PLAINTIFF, MAJOR, C/O N. SHIVAPRASAD, RESIDING AT FLAT NO.29, SRT TOWER, OUTER RING ROAD, SERVICE ROAD, CHALEKERE, BENGALURU - 560 043. 15. SRI. MURALI, FATHER'S NAME NOT KNOWN TO PLAINTIFF, MAJOR, C/O PRASHANTH A, RESIDING AT NO.99, 18TH CROSS, 28TH MAIN, HSR LAYOUT, 2ND SECTOR, BENGALURU - 560 102. 16. SRI. PRUTHVI, FATHER S NAME NOT KNOWN TO PLAINTIFF, MAJOR, C/O PRASHANTH A, RESIDING AT NO.99, 18TH CROSS, 28TH MAIN, HSR LAYOUT, 2ND SECTOR, BENGALURU - 560 102. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 TO R4; SRI. DHYAN CHINNAPPA, SR. ADVOCATE FOR SRI. ABHISHEK R. HUDDAR, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.1 TO 4 TO PROVIDE POLICE PROTECTION TO THE PETITIONERS TO RUN GEETANJALI OLYMPIAD SCHOOL WITHOUT ANY INTERFERENCE BY RESPONDENTS NO.5 TO 16 AS ORDERED VIDE ORDER DATED 18.02.2025 IN CRL.P. NO.2106/2025 AND ORDER DATED 19.02.2025 IN CRL.P. NO. - 6 - NC: 2025:KHC:11461 WP No. 7100 of 2025 2015/2025 BY THIS HONBLE COURT AS PER ANNEXURE-A AND A1 AND CONSEQUENTLY AMND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: "i. ISSUE a WRIT OF MANDAMUS directing the Respondents No.1 to 4 to provide police protection to the Petitioners to run Geetanjali Olympiad School without any interference by Respondents No.5 to 16 as ordered vide Order dated 18.02.2025 in Crl.P.No.2106/2025 & Order dated 19.02.2025 in Crl.P.No.2015/2025 by this Hon'ble Court as per Annexure-A and A1 and consequently. ii. ISSUE a WRIT OF MANDAMUS directing the Respondents No.5 to 16 from not interfering with the smooth functioning of the Geetanjali Olympiad school by petitioners, till the disposal of the arbitral proceedings arising out of the Memorandum of Agreement dated 11.12.2023 at Annexure-E; and iii. Pass such other orders as this Hon'ble Court deems fit to pass under the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Shri Prabhuling Navadagi, learned Senior counsel for Shri Rajeswara P.N., learned counsel appearing for - 7 - NC: 2025:KHC:11461 WP No. 7100 of 2025 the petitioners; Shri Dhyan Chinnappa, learned Senior counsel for Shri Abhishek R. Huddar, learned counsel appearing for respondent No.5 and Shri Rahul Cariappa, learned Additional Government Advocate appearing for respondents No.1 to 4. 3. The petitioners and the private respondents have a dispute with regard to the trust, which runs the educational institution - Sri Geethanjali Educational Trust. The petitioners claim to be the trustees and principal, the respondent also claims to be the trustees and heading the institution. Therefore, the lurking dispute is personal between the petitioners and the respondents. What has driven the petitioners to this Court seeking the afore-quoted prayer is that the impending examinations in the institution and due to the dispute, the writing of the examinations by the students getting jeopardise. Therefore, this Court directed the police to grant such protection so that the career of the students or the examination of the students would not be put to jeopardy. The order dated 10.03.2025 passed by this Court reads as follows: "Heard Sri Prabhuling Navadgi, learned senior counsel for the petitioners. - 8 - NC: 2025:KHC:11461 WP No. 7100 of 2025 Learned senior counsel taking this Court through the photographs would seek to contend that the students in the institution are being troubled by the respondents. The allegations between the parties galore and it does not mean that the students be obstructed from attending examination or they should be troubled. The police shall oversee that no student be troubled or armed due to the dispute between the petitioners and the respondents. Learned Additional Government Advocate is directed to accept notice for the respondents – State. Learned counsel for the petitioners to serve a copy of the petition papers upon the learned Additional Government Advocate, forthwith. List this matter on 14.03.2025. " After the respondents entered appearance, the issue with regard to collection of fees and resignation of the teachers being forced by the petitioners was projected. In that light, any precipitative action being taken would be viewed seriously was the opinion of the Court. 4. Today, both the learned Senior counsel appearing for the petitioners and the respondents would submit that the disputes between the two would be resolved in a competent Court if the case is pending before the Court. 5. The learned Senior counsel appearing for the respondents submits that there are no students at all in the - 9 - NC: 2025:KHC:11461 WP No. 7100 of 2025 institution and the police protection order is being misused to protect the petitioners and not the students, while it is disputed by the learned Senior counsel appearing for the petitioners. 6. Therefore, to resolve the problem, I deem it appropriate to dispose the petition with a direction to the respondent-police to grant protection to the students that are in the institution and if the students are writing the examination, no amount of dispute between the two shall come in the way of the students writing the examination. 7. The learned Senior counsel appearing for the petitioners submits that there are classes up to the 04.04.2025. Therefore, the police protection identifying the place, where the students are there shall be granted to those students to enable them to write the examination or continue the classes, till the classes would get over. 8. In the event, no student is found in the institution as is alleged, police protection shall not be granted to the warring factions, unless there is a order of any competent Court of law. - 10 - NC: 2025:KHC:11461 WP No. 7100 of 2025 9. The learned counsel appearing for the petitioners files an affidavit appending certain documents refuting or disputing the allegations made by the learned counsel appearing for the respondents. 10. The same is taken on record. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 27 CT: BHK