- 1 - HC-KAR NC: 2025:KHC:36203-DB WP No. 24230 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 24230 OF 2024 (GM-RES-PIL) BETWEEN: 1. SRI SURESH H S/O ANANTHARAMA SHASTRI AGED ABOUT 60 YEARS R/AT NEAR SHANKAR MANDIR MALEBENNUR TOWN, HARIHARA TALUK DAVANAGERE DISTRICT - 577 530. 2. SRI MANJUNATH K.G. S/O KAREGOWDA UJJAPPA AGED ABOUT 63 YEARS R/A NO.387, MARUTHI ROAD MALEBENNUR TOWN, HARIHARA TALUK DAVANAGERE DISTRICT - 577 530. 3. SMT. MEENAKSHI G.H. W/O HALESHAPPA G.B. AGED ABOUT 62 YEARS R/A NO.1289, JIGALERA KERE MALEBENNUR TOWN, HARIHARA TALUK DAVANAGERE DISTRICT - 577 530 4. SRI. REVANASIDDAPPA. B S/O B. UMAPATHI @ BENNEHALLI UMAPATHI AGED ABOUT 44 YEARS R/A NO. 590, NEHRU NAGAR MALEBENNUR TOWN, HARIHARA TALUK DAVANAGERE DISTRICT - 577 530 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36203-DB WP No. 24230 of 2024 5. SRI HANUMANTHAPPA D.H S/O MUDDE HANUMANTHAPPA AGED ABOUT 48 YEARS R/A NO.121, VALMIKI BADAVANE MALEBENNUR TOWN HARIHARA TALUK DAVANAGERE DISTRICT - 577 530. 6. SMT. SULOCHANA W/O O.G. SHIVAKUMAR AGED ABOUT 52 YEARS R/A NO.29, KALABHAIRAVA ROAD MALEBENNUR TOWN HARIHARA TALUK DAVANAGERE DISTRICT - 577 530. 7. SRI MANJAPPA S.H. S/O HANUMANTHAPPA S AGED ABOUT 58 YEARS R/A NO.610, BEHIND KEB INDIRANAGAR, MALEBENNUR TOWN HARIHARA TALUK DAVANAGERE DISTRICT - 577 530. 8. SRI BASAVARAJAPPA B S/O HALESHAPPA AGED ABOUT 52 YEARS R/A B. UMANMNA ROAD NEHRU NAGAR MALEBENNUR TOWN HARIHARA TALUK DAVANAGERE DISTRICT - 577 530. 9. SRI KARIBASAPPA S S/O SADASHIVAPPA H AGED ABOUT 36 YEARS R/A NO.977/1, INDIRANAGAR BEHIND PWD, MALEBENNUR TOWN HARIHARA TALUK DAVANAGERE DISTRICT - 577 530. 10. SRI V. ANANDACHARI S/O VEERACHARI AGED ABOUT 54 YEARS R/A KURUVATHI BASAVESHWARA SAMIL ROAD, INDIRANAGAR - 3 - HC-KAR NC: 2025:KHC:36203-DB WP No. 24230 of 2024 MALEBENNUR TOWN, HARIHARA TALUK DAVANAGERE DISTRICT - 577 530 11. SRI MAHADEVAPPA S/O RANGAPPA AGED ABOUT 70 YEARS R/A NO.095, BEERALINGESHWARA ROAD MALEBENNUR TOWN, HARIHARA TALUK DAVANAGERE DISTRICT - 577 530. 12. SRI K. PRAKASHACHARI S/O KRISHNACHARI I AGED ABOUT 46 YEARS R/A KALLESHWARA LAYOUT MALEBENNUR TOWN HARIHARA TALUK DAVANAGERE DISTRICT - 577 530. 13. SRI NAGARAJ C.B. S/O BASAVARAJAPPA C AGED ABOUT 52 YEARS R/A NO.685/1, OPP. JYOTHI TALKIES INDIRANAGAR, MALEBENNUR TOWN HARIHARA TALUK DAVANAGERE DISTRICT - 577 530. …PETITIONERS (BY SRI YOGESH V. KOTEMATH, ADVOCATE FOR SRI VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BANGALORE - 560 001 2. THE PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION M.S. BUILDING BANGALORE - 560 001. 3. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE - 577 001 - 4 - HC-KAR NC: 2025:KHC:36203-DB WP No. 24230 of 2024 4. THE TAHSILDHAR HARIHARA TALUK HARIHARA DAVANAGERE DISTRICT- 577 530. 5. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH DAVANAGERE DISTRICT DAVANAGERE - 577 001. 6. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL MALEBENNUR DAVANAGERE DISTRICT - 577 530. 7. THE DEPUTY DIRECTOR SCHOOL EDUCATION AND LITERACY DEPARTMENT DAVANAGERE DISTRICT DAVANAGERE - 577 001. 8. BLOCK EDUCATION OFFICER SCHOOL EDUCATION AND LITERACY DEPARTMENT HARIHARA TALUK DAVANAGERE DISTRICT - 577 601. 9. THE PRESIDENT SCHOOL DEVELOPMENT AND MONITORING COMMITTEE (SDMC) GOVERNMENT MODEL HIGHER PRIMARY SCHOOL MALEBENNUR HARIHARA TALUK DAVANAGERE DISTRICT - 577 530. …RESPONDENTS (SMT. NILOUFER AKBAR, AGA FOR R-1 TO 4, 7 & 8 SRI M.R. HIREMATHAD, ADVOCATE FOR R-6 & RESPONDENT No.5 IS SERVED & UNREPRESENTED, V/O DATED 14.07.2025, RESPONDENT No.9 IS SERVED THROUGH HAND SUMMONS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN - 5 - HC-KAR NC: 2025:KHC:36203-DB WP No. 24230 of 2024 THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION IN THE SIMILAR NATURE QUASHING THE ORDER BEARING No.Dha.Gi.Na.Ko.Dha/(3)/CR/26/2023-24 DATED 15.06.2024 VIDE ANNEXURE-F PASSED BY THE 3RD RESPONDENT AUTHORITY HOLDING THE SAME IS ILLEGAL AND WITHOUT APPLICATION OF MIND AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present public interest litigation impugning a communication dated 15.06.2024 issued by the office of the Deputy Commissioner conveying the decision to construct Indira Canteen in Malabennur Municipal Council area on an area measuring 60 x 60 feet in the premises of the GBMS Government School. It is stated that the said government school is located in front of a public hospital. 2. The petitioner contends that the land belonging to educational institutions cannot be diverted. He also referred to a circular dated 19.03.2009 issued by the Government of Karnataka flagging the issue of various departments and organizations - 6 - HC-KAR NC: 2025:KHC:36203-DB WP No. 24230 of 2024 submitting proposals for utilising lands belonging to the Education Department for other purposes such as creating stage pavilions, establishing bus stations, etc. The Government of Karnataka had noticed the issue that if there was rampant diversion of lands belonging to the Education Department, there may be no plots available for them. Therefore, the departments seeking lands were directed to identify land belonging to departments other than the Education Department for their future needs. He submits that the diversion of a land belonging to the school for construction of Indira canteen runs contrary to the said circular. 3. The learned Additional Government Advocate appearing for the respondents submits that the land in question measures 1 acre 33 guntas. She states that only a small portion of the land measuring 60 x 60 feet is proposed to be used for constructing a canteen to provide food at subsidized rate to poor persons. She also states that the said land is located opposite to the town hospital. The letter dated 15.06.2024 (which is impugned in the present petition) also indicated that an old school building stands on the land which is in the state of complete disrepair and has not been used for the past five years. The learned Additional - 7 - HC-KAR NC: 2025:KHC:36203-DB WP No. 24230 of 2024 Government Advocate also submits that there were only 12 students in the school, who have been shifted to another building and are continuing their education. 4. We are unable to accept that the decision to use a part of the land available with the Education Department for constructing Indira canteen is contrary to law or can be faulted on the ground that it falls foul of Article 14 of the Constitution of India. No statutory or constitutional right of the petitioners has been violated. 5. The petition is, accordingly, dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 26