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2025 DAILYLAW 40158 (KAR)

SRI BIDIRAMBIKA VIDYA SAMSTHE v. THE STATE OF KARNATAKA

WP/22121/2021 · 2025-07-28

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29001 WP No. 22121 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 22121 OF 2021 (GM-KSR) BETWEEN: SRI. BIDIRAMBIKA VIDYA SAMSTHE NO.1065, JNANA BINDU NILAYA SHADAKSHARA MATHA BADAVANE TIPATURU TALUK TUMAKURU - 572 201 REPRESENTED BY ITS SECRETARY SRI. N.B. KANTHARAJU …PETITIONER (BY SRI. S.S.PARIKSHIT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF EDUCATION M S BUILDING BENGALURU - 560 001 2. DISTRICT REGISTRAR REGISTRAR OF SOCIETIES MINI VIDHANA SOUDHA TUMAKURU DISTRICT TUMAKURU - 572 101 3. M C RAMALINGAPPA AGED ABOUT 84 YEARS, S/O LATE CHANNAPPA R/AT MARANAGERE TIPATURU TALUK TUMAKURU DISTRICT - 572 201 4. VIJAYAKUMAR M AGED ABOUT 52 YEARS, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29001 WP No. 22121 of 2021 S/O M C RAMALINGAIAH NAGADEVAHALLI ULLALU UPANAGARA BENGALURU - 560 068 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2; SRI. A.R.GOUTHAM, ADVOCATE FOR RESPONDENT NO.4; VIDE ORDER DATED 21.04.2025, RESPONDENT NO.3 DECEASED AND ORDERED AS NOT REQUIRED TO BRING THE LEGAL REPRESENTATIVES OF RESPONDENT NO.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 21.10.2021 BEARING NO.DR/T.S.O.C.- 101/1984-85 ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-K AND ALSO RETURNS FILED BY THE RESPONDENT NOS.3 AND 4 VIDE ANNEXURES - L, L1, TO L3 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged an endorsement bearing No.DR/T.S.O.C-101/1984-85 dated 21.10.2021 issued by respondent No.2 and also the annual returns filed by respondent Nos.3 and 4. The petitioner has also sought for a direction to respondent No.2 to accept the returns filed by it for the years 2018-19 to 2020-21. - 3 - HC-KAR NC: 2025:KHC:29001 WP No. 22121 of 2021 2. A perusal of the writ petition shows that there is an attempt of one-upmanship between the Secretary of the petitioner and the private respondents. 3. When this petition was listed for Preliminary Hearing 'B' Group, a joint memo is filed by the petitioner as well as the respondent No.4, which reads as follows:- "JOINT MEMO 1. The above petition is filed seeking writ of certiorari quashing the endorsement dated 21/10/2021 bearing no. DR/T.S.O.-101/1984-85 issued by 2nd Respondent vide Annexure-K and also returns filed by the Respondent No.3 and 4 vide Annexure-L, L1 to L3. 2. The petitioner and the respondent no.4 have arrived settlement in this matter on the following terms. a) The Respondent no.4 submits, he is not claiming any right/claim over the petitioner society either past or future whatsoever and admit that Sr. N.B. Kantharaju as the secretary of the petitioner society. b) The Respondent No. 4 agrees to withdraw the returns filed him before the respondent no. 3 vide Annexure L, L1 and L3 claiming to be a secretary of the petitioner society and he has no-objection to accept the returns filed by the - 4 - HC-KAR NC: 2025:KHC:29001 WP No. 22121 of 2021 Sri. N.B. Kantharaju being a Secretary of the petitioner society for the year 2018-19 to 2020- 21. c) The respondent no.4 has agrees to withdraw the allegation/complaint that he has made before the respondent department and also before Department of School Education (Pre- University) against the petitioner society and its Secretary Sri. N.B. Kantharaju. d) The Respondent No. 4 is not having any objection to allow this writ petition and to grant the reliefs as prayed. e) The petitioner agrees to withdraw the private complaint filed against the respondent no. 4 and others in P.C.R.No.9/2022 which is pending on the file of Prl. Civil Judge and JMFC, Tiptur, on the next date of hearing. The petitioner and respondent no.4 submits that they have entered the above settlement on their own will and without any coercion, force or influence and they have no objection to dispose the above writ petition in terms of above settlement. Wherefore it is prayed that, this Hon'ble Court may kindly dispose the above writ petition in terms of the joint memo filed, in the interest of justice and equity." - 5 - HC-KAR NC: 2025:KHC:29001 WP No. 22121 of 2021 4. In view of the joint memo, respondent No.2 has accepted that he has no objection to accept the returns filed by Mr. N.B. Kantharaju as the Secretary of the petitioner - society for the years 2018-19 to 2020-21. 5. The Secretary of the petitioner, Mr. N.B. Kantharaju and respondent No.4 - Mr. Vijayakumar M, are present and they are identified by their respective counsel. They have admitted the terms of the joint memo and they have also accepted that they have signed the joint memo. In token of acceptance of terms of the joint memo, the Secretary of the petitioner, Mr. N.B. Kantharaju and respondent No.4 - Mr. Vijayakumar M, have signed the order sheet of this Court. 6. In that view of the matter, this writ petition stands disposed off in terms of the joint memo. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 95