- 1 - HC-KAR NC: 2025:KHC:24056-DB WA No. 573 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 573 OF 2025 (GM-RES) BETWEEN: 1. RUKMINI PUSALKAR VIDYALAYA OXFORD RESIDENTIAL SCHOOL ANAVATTI VILLAGE SORABA TALUK SHIVAMOGGA DISTRICT REPRESENTED BY ITS PRESIDENT SRI. SANJAY DONGRE. …APPELLANT (BY SRI RAGHAVENDRA DESAI RAMRAO, ADVOCATE) AND: 1. STATE OF KARNATAKA SECRETARY TO GOVERNMENT (M & UDA) URBAN DEVELOPMENT DEPARTMENT ROOM NO.434, VIKASA SOUDHA BANGALORE - 560 001. 2. UNDER SECRETARY TO GOVERNMENT OF KARNATAKA DEPARTMENT OF PRIMARY AND HIGHER EDUCATION M.S. BUILDING, BANGALORE - 560 001. Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24056-DB WA No. 573 of 2025 3. THE DIRECTOR (PRIMARY EDUCATION) OFFICE OF THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BANGALORE - 560 009. 4. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201. 5. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201. 6. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS (ADMINISTRATION) SHIVAMOGGA - 577 201. 7. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS ZILLA PANCHAYATH OFFICE SHIVAMOGGA - 577 201. 8. BLOCK EDUCATION OFFICER, SORABA - 577 429 SHIVAMOGGA DISTRICT. 9. R. K. GARLPAD S/O K. S. GARLPAD AGED ABOUT 63 YEARS R/O BRAHMINI'S STREET ANAVATTI - 577 413, SORABA TALUK SHIVAMOGGA DISTRICT. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:24056-DB WA No. 573 of 2025 (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R1 TO 4, 6 TO 8) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 20.02.2025 PASSED IN W.P. No. 25606/2019 (GM-RES), AND DISMISS THE WRIT PETITION & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. V KAMESWAR RAO, ACTING CHIEF JUSTICE) For the reasons stated in the affidavit in support of the prayer seeking condonation of 16 days delay, the same is allowed. The application I.A.No.1/2025 is disposed of. 2. This appeal lays a challenge to an order passed by a learned Single Judge on 20.02.2025 in W.P.No.25606/2019, whereby the learned Single Judge has disposed of the writ petition filed by Respondent No.9 herein by stating as under: "4. Suffice it to note that the Block Education Officer, Soraba Taluk has forwarded a - 4 - HC-KAR NC: 2025:KHC:24056-DB WA No. 573 of 2025 communication dated 13.11.2018 to the Deputy Director, Department of Public Instructions, Shivamogga stating that Vishwabharathi Trust (R), Anavatti Village, Soraba Taluk is running a school namely Rukmini Pusalkar Vidyalaya, Oxford Residential School (CBSE), in Anavatti Village Soraba Taluk, in Sy.Nos.184, 185 and 186 instead of Sy.No.24/02 of Anavatti Village. Hence, a recommendation was made to withdraw the recognition of the school. Thereafter, the Deputy Director, Department of Public Instructions by a communication dated: 20.11.2018, informed the Director (Primary Education), Department of Public Instructions about the same to do the needful in the matter. The petitioner contends that the sanction was accorded to run the school only in Sy.No.24/02 of Anavatti Village, however, the school is running in Sy.No.184, 185 and 186 of Anavatti Village, Soraba Taluk Shivamogga District. On a complaint, a recommendation was made to withdraw the recognition vide Annexures-D and E. The grievance of the petitioner is that the same has not been implemented as of today. Therefore, the petitioner is before this Court seeking a Writ of Mandamus directing the respondents to take appropriate legal actions as per the recommendation vide Annexures- D and E. Because of the non-implementation of the - 5 - HC-KAR NC: 2025:KHC:24056-DB WA No. 573 of 2025 recommendation, the respondents concerned are hereby directed to look into the matter and take action as per Annexures-D and E, within eight weeks from the receipt of certified copy of this order." 3. During the course of hearing, we have been informed by the learned counsel for the respondents that pursuant to the order dated 20.02.2025, respondent nos.1 to 4 and 6 to 8 have passed an order dated 25.06.2025, whereby they have withdrawn the recognition to the School. 4. The counsel for the appellant acknowledges the issuance of the order dated 25.06.2025 which was received by the appellant on 02.07.2025. He states that the appellant needs to challenge the order dated 25.06.2025. He intends to withdraw the appeal to enable the appellant challenge the order dated 25.06.2025. 5. Accordingly, appeal is dismissed as withdrawn. All pending I.As stand disposed of. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KS List No.: 1 Sl No.: 21