- 1 - NC: 2025:KHC:10323 WP No. 11412 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11412 OF 2024 (EDN-RES) BETWEEN: 1. B M S EDUCATIONAL TRUST A REGISTERED TRUST HAVING REGISTERED ADDRESS AT BULL TEMPLE ROAD, BENGALURU - 560 019. REP BY ITS CHAIRPERSON DONOR TRUSTEE AND MEMBER SECRETARY DR B S RAGINI NARAYAN. 2. B M S COLLEGE FOR WOMEN HAVING ADDRESS AT BULL TEMPLE ROAD, BENGALURU - 560 019. REP BY ITS CHAIRPERSON DR B S RAGINI NARAYAN. …PETITIONERS (BY SRI. BADRI VISHAL.,ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA BENGALURU - 560 001. REP BY ITS UNDER SECRETARY. 2. HINDU REGLIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT 1ST MAIN ROAD, CHAMRAJPET BENGALURU - 560 018. REPRESENTED BY ITS COMMISSIONER. 3. OFFICE OF COMMISSIONER HINDU RELIGIOUS AND Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10323 WP No. 11412 of 2024 CHARITABLE ENDOWMENTS DEPARTMENT 4TH FLOR, PODIUM BLOCK VISVESHWARAYA TOWERS BENGALURU - 560 001. 4. BANGALORE CITY UNIVERSITY CENTRAL COLLEGE CAMPUS DR AMBEDKAR VEEDHI POST OFFICE ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R-1 TO R-3 SMT. H.R. ANITHA, ADVOCATE FOR R-3 SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R-4) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH THE COMMUNICATION DTD 11.03.24 BEARING NO. ADM/3/LND/1061503/22-23 ISSUED BY R3 TO R4 AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for quashing of the impugned communication at Annexure-A dated 11.03.2024 issued by respondent No.3 - Commissioner of Hindu Religious and Charitable Endowments Department to respondent No.4 - Bangalore City University to which the petitioner is affiliated, thereby interalia intimating respondent No.4-Bangalore City University not to permit the petitioners to admit to its College for the academic year 2024 onwards. - 3 - NC: 2025:KHC:10323 WP No. 11412 of 2024 2. A perusal of the material on record will indicate that there are several litigations pending between the petitioners and respondent Nos.2 and 3 including O.S.No.8397/2023 as well as M.A.No.1/2025 pending before the Principal City Civil Court and Sessions Judge, Bengaluru in relation to the subject premises. In the meanwhile, respondent No.3-Endowments Department issues the impugned communication dated 13.03.2024 calling upon respondent No.4-University to which the petitioner is affiliated, not to grant permission for fresh admission to students into the petitioner No.2 from academic year 2024-25 onwards. It is the grievance of the petitioner that pursuant to the impugned communication at Annexure-A dated 11.03.2024, respondent No.4 has issued communication dated 06.04.2024 to the petitioner, who is before this Court by way of the present petition. 3. A perusal of the material on record will indicate that there are several contentious issues and disputed questions of fact and law that arise for consideration between petitioner and respondent Nos.2 and 3 in O.S.No.8397/2023 and M.A.No.1/2025. In this context, it is pertinent to note that there is no provision under Hindu Religious Institutions and Charitable Endowments Act, 1997, - 4 - NC: 2025:KHC:10323 WP No. 11412 of 2024 which entitles, enables or empowers respondent No.3 - Department to issue any communication to respondent No.4 - University in relation to admission of students to the subject premises especially when the lis/dispute between the parties is seized and pending before the Civil Court in O.S.No.8397/2023 and M.A.No.1/2025. In other words, the impugned communication issued by respondent No.3 is without jurisdiction or authority of law and the same deserves to be quashed. 4. Under these circumstances, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to dispose of this petition by quashing the impugned communication dated 11.03.2024 Annexure-A reserving liberty in favour of both the parties to urge all contentions in O.S.No.8397/2023 and M.A.No.1/2025 before the Civil Court who shall adjudicate upon the same in accordance with law. 5. In the result, I proceed to pass the following: ORDER i) The petition is allowed. - 5 - NC: 2025:KHC:10323 WP No. 11412 of 2024 ii) The impugned communication dated 11.03.2024 at Annexure -A issued by respondent No.3 is hereby quashed. iii) Liberty is reserved in favour of the petitioner and respondent No.3 to urge all their contentions before the Civil Court in O.S.No.8397/2023 and M.A.No.1/2025, who shall hear all parties and adjudicate upon the said proceedings in accordance with law. iv) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 97