- 1 - NC: 2025:KHC:8174 WP No. 29155 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 29155 OF 2024 (S-RES) BETWEEN: D G MRUTHUNJAYAPPA S/O LATE R.G. DHANESHAPPA, AGED ABOUT 68 YEARS, R/O. RAMESHWARA VILLAGE, NYAMATHI TALUK, DAVANGERE DISTRICT-577223. …PETITIONER (BY SRI. S V PRAKASH, ADV. (VC)) AND: 1. CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA DR.B.R. AMBEDKAR VEEDHI BENGALURU - 560001. 2. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560001. 3. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA – 577201. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8174 WP No. 29155 of 2024 4. THE DIRECTOR OF SECONDARY EDUCATION NRUPATHUNGA ROAD, BENGALURU - 560001. 5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS SHIVAMOGGA DISTRICT SHIVAMOGGA – 577201. 6. THE MANAGEMENT OF SRI MURUDABASAVESHWARA SCHEDULED CASTE AND SCHEDULED TRIBE EDUCATION SOCIETY (R) DASARAKALLAHALLI VILLAGE, BHADRAVATI TALUK, SHIVAMOGA DISTRICT-577301, REP. BY ITS PRESIDENT. 7. THE HEAD MASTER SHREE MANJUNATHA HIGH SCHOOL DASARAKALLAHALLI VILLAGE, BHADRAVATI TALUK, SHIVAMOGGA DISTRICT-577301. …RESPONDENTS (BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 TO R5 SRI N RAMAKRISHNA, ADV. FOR R6 AND R7) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO COMMANDING THE R1 AND 3 TO CONSIDER THE REPRESENTATION DATED 05.06.2024 SUBMITTED TO THE R1 AND 2 AND THE REPRESENTATION DATED 04.06.2024 SUBMITTED TO THE R3 PRODUCED AS ANNX-E, E1, E2 RESPECTIVELY AS EXPEDITIOUSLY AS POSSIBLE AND AWARD THE COST OF THIS PROCEEDING. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:8174 WP No. 29155 of 2024 ORAL ORDER The petitioner, who is granted arrears of salary by this Court in W.P.No.45774/2015 by order dated 07.09.2021 is again before this Court, praying for a writ of mandamus, directing respondent Nos.1 and 3 to consider his representations dated 05.06.2024 and 04.06.2024 wherein he has sought for permission to proceed against the immovable properties of respondent No.6-Management to recover the backwages/arrears of salary as ordered by this Court. 2. Heard learned counsel Sri.S.V.Prakash for petitioner through video conference, Sri.Shivaprabhu Hiremath, learned Additional Government Advocate for respondent Nos.1 to 5 and Sri.N.Ramakrishna, learned counsel for respondent Nos.6 and 7. Perused the writ petition papers. 3. Learned counsel for the petitioner would submit that this Court by order dated 07.09.2021 in W.P.No.45774/2015 granted arrears of salary and to execute the said order, Execution No.10./2016 was filed - 4 - NC: 2025:KHC:8174 WP No. 29155 of 2024 before the Principal District and Sessions Judge, Shivamogga, wherein attachment and sale of property of 6th respondent was sought and the same was allowed by the trial Court by order dated 20.11.2023 and the same was the subject matter of W.P.No.21116/2019. This Court, by order dated 06.12.2021 set aside the order of trial Court on the ground that the petitioner has not obtained permission from the State Government as required under Sections 60 and 65 of the Karnataka Education Act, 1983 (for short “1983 Act”). 4. Learned counsel referring to Sections 60 and 65 of 1983 Act would submit that permission of the State Government would be necessary for attachment and sale of property belonging to Educational Institutions under execution of decree or order or otherwise. Further, learned counsel would submit that in view of the above, the petitioner has submitted representations at Annexures-E, E1 and E2 to the Chief Secretary, Principal Secretary to Education Department and to the Deputy - 5 - NC: 2025:KHC:8174 WP No. 29155 of 2024 Commissioner. It is the grievance of the petitioner that no action is taken on the said representations. Hence, the petitioner is before this Court in this writ petition. 5. Per contra, learned counsel appearing for respondents would submit that execution proceedings is closed and hence, the petitioner is not entitled for any relief sought in the writ petition. 6. Having heard the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that the petitioner would be entitled for a writ of mandamus as prayed in the writ petition. 7. The petitioner filed MA (EAT) No.21/2011 before the Educational Appellate Tribunal, Shivamogga (for short “Tribunal”) which was allowed by order dated 29.08.2015 directing reinstatement of the petitioner along with arrears of salary and all other consequential benefits. The said order of the EAT was the subject matter of W.P.No.45774/2015 before this Court. This Court, by - 6 - NC: 2025:KHC:8174 WP No. 29155 of 2024 order dated 07.09.2021 held that the petitioner would be entitled for arrears of salary from the date of filing the appeal before the Tribunal and not from the date of his termination. With the said modification, the writ petition was rejected. Thereafter, the petitioner filed Execution No.10/2016 before the trial Court. The said Execution is closed on 15.06.2024 on the ground that the petitioner has failed to obtain permission and to take appropriate steps on execution decree with liberty to the petitioner to file fresh execution petition after obtaining permission from the competent authority. In the meanwhile, the petitioner had submitted representations at Annexures-E and E1 dated 05.06.2024 and Annexure-E2 dated 04.06.2024 seeking permission of the Authorities to proceed against the respondent-Management by attaching and selling the immovable properties of the respondent- Institution. 8. Section 65 of 1983 Act reads as follows: “65. Court not to attach, sell etc., in the absence of permission of the State Government.- - 7 - NC: 2025:KHC:8174 WP No. 29155 of 2024 (1) No land or building referred to in sub-section (1) of section 60 shall be liable to be attached, sold or made subject to a charge by any court whether in execution of a decree or order or otherwise, unless the person seeking such relief from the court has obtained the permission of the State Government to do so and files such permission in the court. (2) When granting such permission, the State Government may impose such conditions as it deems fit. (3) If any such land or building is attached or sold, or a charge is created thereon by any court without obtaining and filing the permission of the State Government as aforesaid or if any condition imposed by it when granting such permission is contravened, then the attachment, sale or charge, as the case may be, shall be null and void.” The above provision requires permission of the State Government to attach the land or building of the Educational Institution whether in execution of decree or order or otherwise. In view of the above provision, the State Government is legally obliged to consider the representations of the petitioner. Respondent Nos.1 and 2 - 8 - NC: 2025:KHC:8174 WP No. 29155 of 2024 are statutorily required to consider the representations of the petitioner under Section 65 of 1983 Act. 9. In the light of the above, the following order: Respondent Nos.1 and 2 are directed to consider representations at Annexures-E and E1 dated 05.06.2024 and Annexure-E2 dated 04.06.2024 in the light of Section 65 of 1983 Act and pass appropriate order, in accordance with law. 10. with the above, the writ petition stands disposed of. Time for compliance: Two months from the date of uploading this order in the official website of High Court of Karnataka. SD/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 55