- 1 - HC-KAR NC: 2025:KHC-D:12327-DB WA No. 100544 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO.100544 OF 2025 (GM-RES) BETWEEN: 1. SHRI BEERESHWAR VIVIDH UDDESHAGAL SAHAKAR SANGH NIYAMIT SADALAGA, AT SADALAGA, TQ. CHIKKODI, DIST. BELAGAVI, REPRESENTED BY ITS CHAIRMAN, ADAPPA NEMU GIJUNE, AGE. 59 YEARS, OCC. 2. SHRI ADINATH ENGLISH MEDIUM SCHOOL, SADALAGA, AT. TMC NO.4570, SADALAGA-NAGARAL ROAD, TQ. CHIKKODI, DIST. BELAGAVI-591239, REPRESENTED BY HEAD MASTER. …APPELLANTS (BY SRI. JAGADISH S. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, BENGALURU-560001. 2. THE TOWN MUNICIPAL COUNCIL, SADALAGA, AT SADALAGA, TQ. CHIKODI, DIST. BELAGAVI-591239, REPRESENTED BY ITS CHIEF OFFICER. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1; SRI. SHARAD MAGADUM, ADVOCATE FOR R2) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CALL FOR THE RECORDS IN W.P.NO.105075/2025 ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND SET ASIDE THE FINAL ORDER DATED 13/08/2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN DISMISSING THE WP. NO.105075/2025 AND ALLOW THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:12327-DB WA No. 100544 of 2025 CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present appeal has been filed by the petitioners in the writ proceedings calling in question correctness of the order passed in WP No.105075/2025 dated 13.08.2025. By virtue of the said order, the learned Single Judge had disposed off the writ petition directing the authorities to take immediate action to stop running of the school and to initiate further action. 2. Pursuant to the order of the learned Single Judge, the respondents-authorities have restrained the functioning of the school and ordered for closure by order dated 03.09.2025. It is to be noticed that the order of closure came to be passed by the learned Single Judge taking note of certain irregularities in the building. - 3 - HC-KAR NC: 2025:KHC-D:12327-DB WA No. 100544 of 2025 3. After hearing the matter for sometime, the appellants have filed an affidavit of the Chairman of the Institution and relevant paragraph Nos.5, 6 and 7 are extracted below; “5. I state that I am ready and willing to comply with any order that may be passed by this Hon'ble Court. I request this Hon'ble Court to consider the impact which may have on the tender children on them being shifted to another school in the middle of academic year. I as the Chairman of the appellant society prays to this Hon'ble Court to defer the implementation of the order passed by the learned Single Judge for the present academic year i.e 10.04.2026 considering the impact it would have on the children who have already enrolled with the appellant's school. In the meantime we may be permitted to make necessary application for regularisation of School Building and also to seek permission to run the school for next academic year from the concerned authorities. 6. I further state that the Deputy Director of Public Instructions, Chikodi has recently opened SATS U-Dise Code (Students Achievement Tracking System) for our school i.e on 25.7.2025 which was blocked after passing of the order by the Learned Single Judge and as such the DDPI may kindly be - 4 - HC-KAR NC: 2025:KHC-D:12327-DB WA No. 100544 of 2025 directed to allow the appellant school to update the 1st Standard students details on SATS U-Dise. 7. I further state that we would abide by the law and also all the directions and other conditions which may be imposed by this Hon'ble Court. I state that I pray the deferment of the implementation of the order of the learned Single Judge for impact it would have on the children already studying in the school. I state that we would only complete the present academic year and would not enrol any new children to our school. I reiterate and affirm that I am ready and willing to abide by all the conditions which may be imposed by this Hon'ble Court.” 4. Further, a memo has been filed by the petitioners stating that there are students studying in the 1st standard. It is submitted by way of an affidavit that taking note of the interest of the students and other factors, they have been sought for an order deferring the operation of the order of the learned Single Judge by closure of the school till the end of the present academic year i.e., till 10.04.2026. The statements made at paragraph No.6 of the affidavit are also to the effect that they would make necessary application to the DDPI, who may be directed to allow the appellant-school to - 5 - HC-KAR NC: 2025:KHC-D:12327-DB WA No. 100544 of 2025 update the details of the students of 1st standard on the SATSU-DISE website, so as to regularize such admissions. 5. It is the stand of the respondent-State that none of the details of the students have been uploaded on the website and accordingly, if at all the Institution would be permitted to function till 10.04.2026, the admissions of the students also needs to be regularized. 6. Learned AGA submits that the Court may pass the necessary orders in the peculiar facts and such submission is made upon instructions of the DDPI and BEO. 7. In light of the contention of the petitioner- Institution that the students are studying, the present case requires some appropriate directions so as not to jeopardize the interest of the students. 8. In light of the undertaking made at paragraph No.5 that the petitioner-school would function in their premises till 10.04.2026, after which, the order of the learned Single Judge, may be permitted to operate, it would be appropriate - 6 - HC-KAR NC: 2025:KHC-D:12327-DB WA No. 100544 of 2025 to take note of the said undertaking and in the peculiar facts of the case, the order of the learned Single Judge would not be in operation till 10.04.2026. In the interregnum, the petitioner-school is to follow the applicable procedure and make necessary applications to the DDPI seeking permission to update the details of the students of 1st standard on the SATSU-DISE website. 9. Learned AGA submits that in light of the direction of the Court, the necessary steps would be taken while reiterating that the undertaking of the affidavit must be strictly followed. Accordingly, taking note of the stand of both sides and as well as the affidavit filed, the appeal is disposed off. The operation of the order of the learned Single Judge would be deferred till 10.04.2026, as well as the order of closure of school dated 03.09.2025. 10. Further, the petitioners in terms of their undertaking at paragraph No.6 to make necessary application to the DDPI. Insofar as other aspects are concerned, the contentions are kept open, including right of the Institution to - 7 - HC-KAR NC: 2025:KHC-D:12327-DB WA No. 100544 of 2025 seek fresh permission in accordance with law. The details of the students mentioned in the memo could be taken to be the details of students which would be uploaded in the website. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE PJ, CT:VP LIST NO.: 1 SL NO.: 22