- 1 - NC: 2025:KHC:7615 WP No. 25606 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 25606 OF 2019 (GM-RES) BETWEEN: R.K.GARLPAD S/O K.S.GARLPAD, AGED ABOUT 58 YEARS, R/O BRAHMIN'S STREET, ANAVATTI-577 413. SORABA TALUK, SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI. P.N.HARISH., ADVOCATE) AND: 1. STATE OF KARNATAKA SECRETARY TO GOVERNMENT (M&UDA), URBAN DEVELOPMENT DEPARTMENT, ROOM NO.434, VIKASA SOUDHA, BENGALURU-560 001. 2. UNDER SECRETARY TO GOVERNMENT OF KARNATAKA, DEPARTMENT OF PRIMARY & HIGHER EDUCATION, M.S.BUILDING, BENGALURU-560 001. 3. THE DIRECTOR (PRIMARY EDUCATION), OFFICE OF COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUAPTHUNGA ROAD, BENGALURU-560 009. 4. THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7615 WP No. 25606 of 2019 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 PANCHYAYATH OFFICE, SHIVAMOGGA-577 201. 8. BLOCK EDUCATION OFFICER, SORABA-577 429. SHIVAMOGGA DISTRICT. 9. RUKMINI PUSALKAR VIDAYALA-OXFORD RESIDENTIAL SCHOOL, ANAVATTI VILLAGE, SORABA TALUK, SHIVAMOGGA DISTRICT. REPRESENTED BY ITS PRESIDENT, SRI. SANJAY DONGRE. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1 TO 4 & R6 TO 8; SRI. R.SHARATH CHANDRA., ADVOCATE FOR R5; SRI. R.R.DESAI., ADVOCATE FOR R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: - 3 - NC: 2025:KHC:7615 WP No. 25606 of 2019 ORAL ORDER Sri.P.N.Harish., counsel for the petitioner and Sri.Manjunatha Rayappa., AGA for respondents 1 to 4 and 6 to 8 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: 1. Issue a Writ in the nature of Mandamus directing the respondents to take appropriate legal actions as recommended under Annexures-D & E dated:13.11.2018 and dated:20.11.2018. 2. Issue Writ of Mandamus directing the respondents for removal of the school built unauthorizedly in an residential area of Brahmins Street, Anavatti village, Soraba Taluk, Shivamogga District as made out in the letter of eighth respondent dated:13.11.2018 vide Annexure-D and the letter dated:20.11.2018 vide Annexure-E of the seventh respondent. - 4 - NC: 2025:KHC:7615 WP No. 25606 of 2019 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that the Block Education Officer, Soraba Taluk has forwarded a communication dated:13.11.2018 to the Deputy Director, Department of Public Instructions, Shivamogga stating that Vishwabharathi Trust ®, 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 - 5 - NC: 2025:KHC:7615 WP No. 25606 of 2019 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 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. 5. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 18