- 1 - NC: 2025:KHC-D:4712 WP No. 63376 of 2009 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 63376 OF 2009 (KLR-RR/SUR) BETWEEN: THE COMMISSIONER CITY MUNICIPAL COUNCIL, KARWAR, KARWAR KARWAR, UTTARA KANNDA DISTRICT. …PETITIONER (BY SRI. S. V. YAJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY SECRETARY TO GOVT. URBAN DEVELOPMENT AND TOWN PLANNING DEPARTMENT, M.S.BUILDING, BANGALORE. 2. THE STATE OF KARNATAKA REP BY SECRETARY, DEPT.OF EDUCATION, M.S.BUILDING, BANGALORE. 3. THE DEPUTY COMMISSIONER UTTARA KANNDA DISTRICT, KARWAR. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, UTTARA KANNDA DISTRICT, KARWAR. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER PASSED BY THE 3RD RESPONDENT DATED 18.05.2009 BEARING NO.PURASABAF- I/VIVA/265/99-2000 VIDE ANNEXURE-‘M’ TO THE WRIT PETITION AS IT IS ILLEGAL AND UNCONSTITUTIONAL AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO RESTORE THE NAME OF PETITIONER IN ALL REVENUE RECORDS IN RESPECT OF SY.NO.494D OF BAAD-I VILLAGE, KARWAR TQ VIDE ANNEXURE-‘D’ TO THE WRIT PETITION. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:4712 WP No. 63376 of 2009 THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER 1. This writ petition is filed seeking issuance of writ in the nature of Certiorari to quash the impugned order dated 18.05.2009, passed by respondent No.3, produced as per Annexure-M. Consequently, to issue writ in the nature of Mandamus directing respondent No.3 to restore the name of the petitioner in the revenue records, in respect of Sy.No.494/D of Baada-I village, Karwar taluk as per Annexure-D. 2. Heard Sri.S.V.Yaji, learned counsel for the petitioner, and Sri.T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 4. Perused the materials on record. 3. It is the contention of the petitioner that, during 1933-34, one Smt. Bai Kuvaribai gifted the land measuring 21 guntas in Sy.No.494/D of Baada-I village, Karwar taluk in favour of City Municipal Council, Karwar- the petitioner, - 3 - NC: 2025:KHC-D:4712 WP No. 63376 of 2009 for running a Marathi Medium Girls School in the name of Bai Kuvarbai Marathi Medium Girls School. However, the gift deed is not available as on today. On the basis of gift deed, the name of the petitioner came to be entered in the revenue records in the year 1933-34 itself as per Annexure-A. Accordingly, City Municipal Council, Karwar constructed the building and is running a Primary Government School since 1933-34 as per the wishes of the Donor. 4. It is the contention of the petitioner that the Education Department wanted its name to be included in the revenue records and accordingly, gave a representation to the Tashildar, who permitted deletion of the name of the petitioner by entering the name of the Education Department in the revenue records. Said order was challenged by the petitioner before the Assistant Commissioner. The Assistant Commissioner allowed the appeal and set aside the order of the Tahsildar, thereby restored the name of the petitioner in the revenue records. The Deputy Director of Public Instructions, representing - 4 - NC: 2025:KHC-D:4712 WP No. 63376 of 2009 the Education Department preferred a Revision Petition before respondent No.3-the Deputy Commissioner, who allowed the appeal and set aside the order of the Assistant Commissioner, by order dated 18-5-2009 and restored the order of the Tahsildar produced as per Annexure-M. Being aggrieved by the same, the petitioner is before this Court. 5. During the pendency of the petition, a Court Commissioner was appointed with a direction to visit the property and to file his report. Accordingly, the Court Commissioner visited the spot and submitted his report. As per the commissioner’s report, the land in question in Survey No.499/D of Baada-I village, Karwar taluk, measures 21 guntas and it contains a building with single room kitchen, another old tiled building with 5 classrooms, and a two storied building wherein the offices of the Teachers’ Association, BEO office and BRC office are housed. It also contains a small dilapidated construction, and the remaining area is an open space. The report also discloses that the land in question is abutting to Kadibag-Karwar road on one side and - 5 - NC: 2025:KHC-D:4712 WP No. 63376 of 2009 Hebbarward road on the other side. Therefore, it is a corner site. The schools are run in the old building having five rooms, displaying the name of the schools as Government Higher Primary Marathi School and Government Higher Primary Kannada Girls School. 6. Learned Additional Government Advocate contends that the Education Department came in possession of portion of the land based on the notification dated 17.05.1969 i.e. Mysore Ordinance No. 1 of 1969. He refers to Clause No.3 in Schedule-B to contend that as per the notification, all primary schools with their lands, buildings, equipments, records, and other movable or immovable properties, which were vested or held by or were under the control of the District School Boards, or authorised municipalities for the purpose of primary education are now vested in the State Government. He further stated that the State Government has authorised to permit the Education Department to take the land and make construction in the same. - 6 - NC: 2025:KHC-D:4712 WP No. 63376 of 2009 7. It is stated that multi storied building referred to in the Commissioner’s report was constructed by the petitioner and not by the Education Department. When admittedly the land in question was gifted in favour of the petitioner/ City Municipal Council, Karwar by the Donor Smt.Kuvaribai, under the gift deed of the year 1933-34, for the specific purpose of running Marathi Medium Girls School, I do not find any justification for the Education Department to occupy the entire building constructed by the petitioner to house the office of teacher’s Association, BEO office and BRC office, pushing the Government Higher Primary Marathi School and Government Higher Primary Kannada Girls School to a small old building with 5 class rooms only. 8. During the course of addressing the argument, learned counsel for the petitioner undertook to use the entire land, including the multi storied building which is now in possession of the Education Department, solely for the purpose of running the school. He also undertook not to use any portion of the land or the building for any other - 7 - NC: 2025:KHC-D:4712 WP No. 63376 of 2009 purpose other than running primary and higher primary schools for girls. 9. Pursuant to such undertaking, the Municipal Commissioner, Shri.Jagdish S/o. Babu Hulagejji, has filed his affidavit, which reads as under: I Jagadish s/o. Babu Hulagejji, age:46 years, occ: municipal commissioner, CMC Karwar, R/o: Karwar, Dist: Karwar, today at Dharwad do hereby state on solemn affirmation as under: 1. I submit that the Municipality Karwar has become the owner of the land bearing sy.No.494D measuring 0-21-0 of Baad-I village in Karwar Taluka by virtue of the gift for Marathi Medium Girls School. The name of the petitioner was recorded in the RTC for the year 1933-34. I submit that the Tahsildar Karwar on the application of the Assistant Education Officer has ordered to record the name of Deputy Director of Public Instruction Education Department in the RTC. The order of the Tahsildar was challenged before the Assistant Commissioner Karwar. The appeal was allowed and the order of the Tahsildar karwar was set aside. I submit that the order - 8 - NC: 2025:KHC-D:4712 WP No. 63376 of 2009 passed by the Assistant Commissioner Karwar. The Deputy Commissioner, Karwar. The Deputy Commissioner, Karwar has allowed the Revision Petition and set aside the order passed by the Assistant Commissioner, Karwar and further directed to continue the name of education department in the RTC. The order of the Deputy Commissioner is challenged in this Writ Petition. 2. I submit that the CMC Karwar has resolved to discuss the issue with the Deputy Commissioner for better utilization of the land bearing Sy.No.494D measuring 0-21-0 of Baad-I village in Karwar Taluka. Since, the Government has approved the request for the release of fund under the centrally sponsored scheme for integrated development of small and medium town. Accordingly, the CMC Karwar has constructed multistoried building for school at the place suggested by the DC and Education Department. The Education Department in the presence of the Deputy Commissioner Karwar on 15.03.2002 to shift the classroom to new building constructed by CMC Karwar. The Marathi Medium School was run earlier in old and dilapidated condition, tile roofed building. Accordingly, the CMC Karwar has provided all the amenities. It is further - 9 - NC: 2025:KHC-D:4712 WP No. 63376 of 2009 agreed that area is to be recorded in name of the Education Department. Pursuant to the direction of the deputy commissioner Karwar and the order of the DDPI Karwar dated 20.03.2000 and 20.12.2001 respectively. It is submitted that the above said multistoried building was constructed at the cost of CMC for Education Department to shift the school and classrooms. The Block Education Officer Karwar took the possession of the newly constructed building at the cost of CMC Karwar on 13.02.2001. But the Education Department has illegally shifted the BEO office instead of shifting the classroom from the old building to the newly CMC constructed building . In view of the above submission this Hon’ble Court by an order dated 03.01.2020 appointed the Court Commissioner to submit the report. The Court Commissioner has submitted the report tot his Hon’ble Court. The Court Commissioner has reported that the school is running in the old building and the BEO office and other related offices are in the new building constructed by the petitioners CMC Karwar. 3. This affidavit is filed by the petitioner pursuant to the under taking dated 03.03.2025 to the effect that the entire land including the new building constructed by CMC - 10 - NC: 2025:KHC-D:4712 WP No. 63376 of 2009 Karwar which is now in the possession of education department will be used solely for the purpose of the school and further under take that any portion of the land and building will not be used other than for education purpose. The respondent Education Department shall run the Marathi Medium School in the building constructed by the CMC Karwar. 4. Accordingly, the petitioner prays that this Writ Petition may kindly be allowed directing the Education department to vacate the premises constructed by the petitioner for the noble cause and to run the school in the new building by vacating the old school building. Bu this affidavit the petitioner under taken that the land referred above will be used for education purpose. Hence, this affidavit is filed by the CMC Karwar on this day of March 2025, Dharwad. 10. The Municipal Commissioner, who is the deponent in the affidavit is physically present before the court and he is identified by the counsel representing the petitioner. - 11 - NC: 2025:KHC-D:4712 WP No. 63376 of 2009 11. We all know the condition of the primary, or the higher primary schools, especially Kannada Medium Schools run by the Government, or City Municipal Councils. There is a huge hue and cry against privatising the primary and higher primary education in the State thereby commercialising the education. At this juncture, 21 guntas of prime land gifted in favour of the petitioner by the donor for the specific purpose of running Marathi Primary School for Girls, cannot be permitted to be taken away by the Education Department to house the office of the teachers’ Association, office of BEO and BRC. I do not find any justification for the respondents to accommodate all those offices in the multi storied building that was admittedly constructed by City Municipal Council, Karwar- petitioner. 12. The respondents are placing reliance on the notification dated 17.05.1969 to take away the land and the building, which was meant for running the primary and higher primary school for girl students. The Mysore Ordinance No.1 of 1969, dated 17.05.1969 is referred to - 12 - NC: 2025:KHC-D:4712 WP No. 63376 of 2009 as Mysore Compulsory Primary Education (Amendment and Miscellaneous provisions) Ordinance, 1969. Basically, the notification was issued to impart primary and higher primary education to the students. Considering the laudable object with which the ordinance was passed, the Government should have permitted the land donated for specific purpose and the multi storied building, constructed by the petitioner for running primary and higher primary school for girl students in accordance with the object with which land was gifted to City Municipal Council, Karwar. I do not find any valid reasons to deny the land for which it was donated and the building for which it was constructed. The intention of the respondents in taking away the prime property, and also housing various offices in the new building and pushing the schools to the small old building to function in 5 small rooms, reveals the intention with which these steps are taken. The undertaking given by the petitioner that the entire land including the building will be used solely for the purpose of running the schools and no portion of the land or the building will be used for any - 13 - NC: 2025:KHC-D:4712 WP No. 63376 of 2009 other purpose, would satisfy the Court that the land will be put to better use by satisfying the object with which the same was gifted by the donor. Therefore, I am of the opinion that the petition is liable to be allowed by quashing the impugned order-Annexure-M. Accordingly, I proceed to pass the following: ORDER I. Petition is allowed. II. Impugned order dated 18.05.2009, passed by respondent No.3, produced as per Annexure-M is quashed. Consequently, the Revenue Authorities are directed to restore the name of the petitioner in the revenue records for the purpose of running Primary and Higher Primary Schools for girl students. Sd/- (M.G.UMA) JUDGE VB/- CT:ANB/- List No.: 2 Sl No.: 5