- 1 - HC-KAR NC: 2025:KHC-D:10238 WP No. 105075 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105075 OF 2025 (GM-RES) BETWEEN: 1. SHRI. BEERASIDDESWAR VIVIDH UDDESHAGAL SAHAKAR SANGH NIYAMIT SADALAGA, AT SADALAGA, TQ: CHIKKODI, DISTRICT: BELAGAVI, REPRESENTED BY ITS CHAIRMAN, ADAPPA NEMU GIJUNE, AGE: 59 YEARS, PIN: 591 239. 2. SHRI ADINATH ENGLISH MEDIUM SCHOOL, SADALAGA, AT: TMC NO 4570, SADALAGA - NAGARAL ROAD, TQ: CHIKKODI, DISTRICT: BELAGAVI, PIN – 591 239, REPRESENTED BY HEAD MASTER. …PETITIONERS (BY SRI. ARUN P. BOLAJ., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M. S. BUILDING, BENGALURU, PIN – 560 001. 2. THE TOWN MUNCIPAL COUNCIL, SADALAGA, AT: SADALAGA, TQ: CHIKODI, DIST: BELAGAVI – 591 239., REPRESENTED BY ITS CHIEF OFFICER. …RESPONDENTS (BY SRI. T. HANUMAREDDY., AGA FOR R1; SRI. SHARAD V. MAGADUM., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT DATED 15/4/2025 IN NO. SDA-LBPAS-10303/24-25/BP ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-H AND ETC. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10238 WP No. 105075 of 2025 THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ in nature of certiorari to quash the impugned endorsement dated 15.4.2025 in No.SDA-LBPAS-10303/2425/BP issued by the 2nd respondent vide Annexure-H. ii. To issue writ in the nature of Mandamus directing the 2nd respondent to issue completion certificate of the school building of the 2nd respondent education institution situated at TMC No.4570 in Sadalaga town, Chikkodi Taluka, District Belagavi by allowing this writ petition. iii. To declare that school building constructed by the petitioners on the property TMC No.4570 situated at Sadalaga town, in Chikkodi Taluk, District: Belagavi deemed to have granted construction permission and to issue completion certificate in the interest of justice. iv. To issue any other order, directions as deems fit in the circumstances of the case. - 3 - HC-KAR NC: 2025:KHC-D:10238 WP No. 105075 of 2025 2. When the matter was taken up for hearing on 28.07.2025, the respondents were restrained from taking any coercive steps against the petitioner and the learned AGA was directed to secure instructions as to whether permission from Education Department have been received for the purpose of running of the school. 3. When the matter was taken up on 27.07.2025, a memo for withdrawal was filed by the petitioner which was opposed by the learned AGA categorically stating that the petitioner had fabricated and forged an occupancy certificate said to have been issued by the Chief Officer, Town Municipal Council, Sadalaga, on which basis an application had been made to the DDPI to commence the operation of the school and the DDPI, acting on the said occupancy certificate, had permitted the petitioner to commence the school activities and as such, had sought for three days’ time to submit the documents. Subsequent thereto, - 4 - HC-KAR NC: 2025:KHC-D:10238 WP No. 105075 of 2025 affidavits of the Block Education Officer, Deputy Director of School Education have been filed, so also is an affidavit filed by the Chief Officer of the Sadalaga Town Municipal Council. 4. In the meanwhile, there is a change in the counsel appearing for the petitioner and the new counsel has entered appearance, who, again insists on withdrawal of the above petition. 5. A perusal of the affidavit of the Chief Officer of the Town Municipal Council would indicate that when an application had been submitted by the petitioner on 14.03.2025 seeking permission to put up construction and when the engineer visited the spot, he found that construction already completed and as such, a report to that effect was submitted. Though the permission which had been sought for by the petitioner was only for the purpose of construction of ground floor, on inspection, it was found that ground and first floors were already constructed and school - 5 - HC-KAR NC: 2025:KHC-D:10238 WP No. 105075 of 2025 was running in the said premises. He has not issued the occupancy certificate which is claimed to have been issued by him and he categorically has sworn on an affidavit that his signature is forged and the occupancy certificate is a forged document. The affidavit which has been filed by the Block Education Officer, Hukkeri, indicates BEO had granted permission to run a pre-primary that is LKG and UKG only in a leased premises and on inspection of the said premises, it is found that the said property, subject matter of the lease, is being used by one M/s Amruth Furniture and the first floor is being used for residential purposes and the school is being run at a different premises than for which the permission had been granted by the BEO. 6. The perusal of the affidavit of the Deputy Director of School Education, Chikodi would reiterate the statements made by the Chief Officer, TMC, as also by the BEO. He has indicated that serious action - 6 - HC-KAR NC: 2025:KHC-D:10238 WP No. 105075 of 2025 would be taken and criminal prosecution would be initiated against the petitioner. 7. In the above background, what is required to be considered is the nature and timing of filing of a memo of withdrawal. When the interim order was passed by this court on 28.07.2025, despite the opposition of the learned AGA, the said order had been passed in order to safeguard the premises of the petitioner from any demolition proposed to be taken by the respondent and it is in that background, the matter was posted on 29.07.2025 calling upon the learned AGA to make his submission, when it was categorically stated that there is no permission which had been obtained by the petitioner and documents had been fabricated. It is at that stage that the memo of withdrawal was filed after the petitioner had availed the benefit of the interim order passed earlier. The memo of withdrawal apparently has been filed only to get over any adverse orders - 7 - HC-KAR NC: 2025:KHC-D:10238 WP No. 105075 of 2025 which could be passed against the petitioner since the petitioner has apparently made false statement on oath and has approached this court by making false submissions, thereafter, even the counsel for the petitioner has been changed. 8. The affidavits which have been filed by the aforesaid three officers would exfacie indicate that there is fraud and forgery committed by the petitioner, of course, the same would have to be established in appropriate proceedings which are to be initiated. In that view of the matter, the petitioner cannot be permitted to run the school in a premises which have no plan sanction and or occupancy certificate, more so, when it is the interest of young children in LKG, UKG and primary school which is involved, whose life and liberty would be put to risk by such a school being run by the petitioner. 9. In that view of the matter, respondents are directed to take immediate action to stop such running of the - 8 - HC-KAR NC: 2025:KHC-D:10238 WP No. 105075 of 2025 school and to initiate such action as may be necessary in accordance with law forthwith. 10. With the above observation, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 3 Sl No.: 129