- 1 - HC-KAR NC: 2025:KHC-D:9512 WP No. 102475 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102475 OF 2025 (EDN-REG) BETWEEN: SHREE RAGHAVENDRA EDUCATION TRUST (R) BELUR/ SINGANAHALLI, TQ. AND DIST. DHARWAD, REPRESENTED BY ITS PRESIDENT SRI. BHEEMAPPA S/O TIRAKAPPA BHOOMANNAVAR, AGE: 46 YEARS, OCC. SOCIAL SERVICE, R/O. SINGANAHALLI, TQ. AND DIST. DHARWAD. …PETITIONER (BY SRI. D.B. KARIGAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY OF DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, BENGALURU -01. 2. THE DEPUTY DIRECTOR DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, DHARWAD-580001. 3. THE BLOCK EDUCATION OFFICER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, KALAGHATAGI, TQ. KALAGHATAGI, DIST. DHARWAD-581204. 4. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AUTHORITY DEVELOPMENT V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.07 12:00:02 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9512 WP No. 102475 of 2025 BOARD, LAKAMANAHALLI INDUSTRIAL AREA, P B ROAD, DHARWAD -580004 …RESPONDENTS (BY SRI. P.N.HATTI, HCGP FOR R1 TO R3; NOTICE TO R4 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING THAT THE NECESSARY ORDER OR DIRECTION OR WRIT IN THE NATURE OF CERTIORARI MAY KINDLY BE PASSED AND THEREBY SET- ASIDE THE IMPUGNED ORDER OR NOTICES ISSUED BY THE RESPONDENT NO 3, (1) BEARING ITS NO. A4 / MI A SH N / 2024-25/628, DATED 09.08.2024, VIDE ANNEXURE-H, (2) BEARING ITS NO A4/MI A SH N/ 2024-25/2240, DATED 18.01.2025, ANNEXURE-K, IN THE ENDS OF JUSTICE. THE NECESSARY ORDER OR DIRECTION OR WRIT IN THE NATURE OF THE MANDAMUS MAY KINDLY BE ISSUED AND THEREBY DIRECTION MAY KINDLY BE GIVEN TO THE RESPONDENT NOS. 2 AND 3 NOT TO DISTURB THE PETITIONER FROM CONTINUING THE SCHOOL IN THE BUILDING AT MASHARIKOTI VILLAGE, KALAGATGI TALUKA AND DIRECTION ALSO MAY KINDLY BE GIVEN TO THE PETITIONER TO RUN THE UNAIDED ENGLISH MEDIUM SCHOOL, I.E. CLASSES FROM 1ST STANDARD TO 5TH STANDARD UNTIL THE NEW INFRASTRUCTURE IS ARRANGED AT MISHARIKOTI VILLAGE AND PERMIT THE PETITIONER TO SHIFT FROM BELUR / SINGANAHALLI VILLAGE TO MISHARIKOTI VILLAGE OF KALAGATGI TALUKA, IN THE ENDS OF JUSTICE. THE NECESSARY ORDER OR DIRECTION OR WRIT IN THE NATURE OF MANDAMUS MAY ALSO KINDLY BE PASSED AND THEREBY DIRECT THE RESPONDENT NO. 4 TO EXPEDIATE THE PROCESS OF RELEASE OF THE COMPENSATION AMOUNT FOR THE LANDS ACQUIRED WHICH INCLUDES THE LAND OF THE PETITIONER. THE NECESSARY ORDER OR DIRECTION ALSO MAY KINDLY BE PASSED IN FAVOUR OF THE PETITIONER IF THIS HON BLE COURT DEEMS FIT AND PROPER ON THE BASIS OF THE FACTS AND CIRCUMSTANCES OF THIS CASE INCLUDING THE COST OF THIS PROCEEDINGS, IN THE ENDS OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC-D:9512 WP No. 102475 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A. The necessary order or direction or writ in the nature of certiorari may kindly be passed and thereby set-aside the impugned order or notices issued by the respondent no 3, (1) bearing its no. A4 / MI A SH N / 2024-25/628, dated 09.08.2024, vide annexure-h, (2) bearing its no A4/Mi A Sh N/ 2024-25/2240, dated 18.01.2025, ANNEXURE-K, in the ends of justice. B. The necessary order or direction or writ in the nature of the mandamus may kindly be issued and thereby direction may kindly be given to the respondent nos. 2 and 3 not to disturb the petitioner from continuing the school in the building at Masharikoti village, Kalagatgi taluka and direction also may kindly be given to the petitioner to run the unaided English Medium School, i.e. Classes from 1st standard to 5th standard until the new infrastructure is arranged at Misharikoti Village and permit the petitioner to shift from Belur / Singanahalli village to Misharikoti village of Kalagatgi taluka, in the ends of justice. C. The necessary order or direction or writ in the nature of mandamus may also kindly be passed and thereby direct the respondent no. 4 to expediate the process of release of the - 4 - HC-KAR NC: 2025:KHC-D:9512 WP No. 102475 of 2025 compensation amount for the lands acquired which includes the land of the petitioner. D. The necessary order or direction also may kindly be passed in favour of the petitioner if this Hon’ble court deems fit and proper on the basis of the facts and circumstances of this case including the cost of this proceedings, in the ends of justice. 2. By way of the impugned communications at Annexures–H and K, the respondents-authorities have issued a direction to the petitioner to stop running an unauthorised school and not to admit any students, alleging that the institution is not sanctioned. 3. The case of the petitioner, as urged by Shri D.B. Karigar, learned counsel, is that the petitioner-trust had been running a school since 2010 at Singhanalli Village, Belur, Dharwad Taluk and that the land on which the school was located was acquired under the Suvarna Karnataka Corridor Project by the Karnataka Industrial Authority Development Board (KIADB). - 5 - HC-KAR NC: 2025:KHC-D:9512 WP No. 102475 of 2025 Consequently, the petitioner was compelled to shift the school to Mishrikoti Village, Kalghatgi Taluk, Dharwad District. It is further submitted that the petitioner had applied for temporary permission to shift the school under communication dated 31.01.2023 (Annexure–P1), and therefore the present running of the school is not unauthorized. 4. Learned AGA, appearing for respondents No. 1 to 3, opposes the petition, stating that no proper authorisation or approval has been granted for shifting the school to Mishrikoti Village, and therefore the institution is being run in violation of the law. 5. On hearing the learned counsel on both sides, and upon perusal of the material on record, it is not disputed that the petitioner was running the school lawfully at the earlier location and the relocation was a consequence of land acquisition by a government authority. - 6 - HC-KAR NC: 2025:KHC-D:9512 WP No. 102475 of 2025 6. The request made under Annexure–P1 was for temporary relocation for a period of one year, and not a full-fledged request for fresh recognition or permission. Considering that the school was being operated for nearly a decade prior to the acquisition, and having regard to the larger interest of students presently enrolled, this Court is of the view that the matter calls for a balanced and fair resolution. Hence, the following: ORDER i. The writ petition is partly allowed. ii. The reliefs sought are modulated in the interest of justice. iii. The petitioner is permitted to submit a fresh application seeking permission for shifting and recognition of the school at Mishrikoti Village, Kalghatgi Taluk, Dharwad District, under the applicable law, accompanied by all relevant documents. iv. The said application shall be submitted within a period of four weeks from the date of receipt of a copy of this order. - 7 - HC-KAR NC: 2025:KHC-D:9512 WP No. 102475 of 2025 v. Upon such submission, respondent No. 2 is directed to consider the application and pass appropriate orders within four weeks from the date of receipt of the application, in accordance with law. vi. Until such time, the running of the school at Mishrikoti Village shall not be interfered with, to avoid disruption to students currently studying there. vii. Needless to say, if no such application is submitted within the stipulated period, the respondent- authorities shall be at liberty to proceed in accordance with law, including the directions issued in Annexures–H and K. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT:PA/LIST NO.: 1 SL NO.: 85