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2026 DAILYLAW 16147 (KAR)

SMT. N. Y. NAGARATHNA v. THE SECRETARY TO THE

WP/9714/2024 · 2026-02-17

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10074 WP No. 9714 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 9714 OF 2024 (EDN-RES) BETWEEN: 1(a) SMT. N.Y. NAGARATHNA SINCE DEAD BY LRS DIED ON 5.7.2025 SHANKAR KRISHNANAND SON OF LATE SRI. KRISHNANAND AND SMT. N.Y. NAGARATHNA, AGED ABOUT 52 YEARS, RESIDING AT No.1177, 10TH ‘B’ CROSS, YELAHANKA NEW TOWN, BENGALURU-560 064. 1(b) SRI. RAGHAVENDRA KRISHNANANDA SON OF LATE SRI. KRISHNANANDA AND SMT. N.Y. NAGARATHNA, AGED ABOUT 51 YEARS, RESIDING AT NO.121C, WOODGLEN ROAD, GLEN EDEN, AUCKLAND-0602, NEW ZEALAND. …PETITIONERS (BY SRI: SHANKAR REDDY, ADVOCATES FOR P’SD LR'S OF DECEASED PETITIONER) AND: 1. THE SECRETARY TO THE GOVERNMENT OF KARNATAKA DEPARTMENT OF EDUCATION, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10074 WP No. 9714 of 2024 KARNATAKA GOVERNMENT SECRETARIAT, MULTISTORIED BUILDING, (M.S. BUILDING), BENGALURU-560 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS (D.P.I.) NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R. CIRCLE, BENGALURU-560 001. 3. JOINT DIRECTOR OF PUBLIC INSTRUCTIONS (J.D.P.I.) BENGALURU DIVISION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R. CIRCLE, BENGALURU-560 001. 4. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (D.D.P.I.) CITY SOUTH DISTRICT, K.R. CIRCLE, BENGALURU-560 001. 5. BHARATHIYA SAMSKRUTHI VIDYAPEETA REP. BY ITS GENERAL SECRETARY, NO.21, (NO.29), 1ST MAIN, CHAMARAJAPET, BENGALURU-560 018. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R4 (MA NOT FILED); SRI. K. SREERAM, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS NO.1 TO R4 IN GENERAL AND PARTICULARLY RESPONDENT NO.5 TO COMPLY WITH THE ORDER PASSED BY THIS HON’BLE COURT IN WRIT APPEAL NO. W.A.6345/2000 DATED 4.1.2005 (ANNEXURE-E) AND SETTLE THE CLAIM OF THE PETITIONER AS DIRECTED BY THE DIVISION BENCH OF THIS HON’BLE COURT WITHIN THE TIME BOUND FIXED BY THIS HON’BLE COURT. - 3 - HC-KAR NC: 2026:KHC:10074 WP No. 9714 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition seeking a mandamus directing respondents No.1 to 4 in general and particularly respondent No.5 to comply with the order passed by this court in W.A.No.6435 of 2000 dated 04.01.2005 vide Annexure-E and settle the claim of the petitioner as directed by the Division Bench of this Court within the time bound fixed by this Court. 2. Brief facts, leading rise to the filing of this petition are as follows: 3. Respondent No.5 filed a writ petition in WP No.25122 of 2000. The said writ petition was disposed of vide order dated 31.07.2000. Respondent No.5 herein aggrieved by the order passed in WP No. 25122 of 2000, preferred a Writ Appeal No.6435 of 2000. - 4 - HC-KAR NC: 2026:KHC:10074 WP No. 9714 of 2024 4. The division bench of this Court vide order dated 4.09.2003 dismissed the writ appeal. Respondent No. 5 aggrieved by the order passed in Writ Appeal No. 6435 of 2000 preferred a SLP ( Civil) No. 3888/2004. The Hon'ble Apex Court vide order dated 25.10.2004 disposed of the appeal. The Hon'ble Apex Court set aside the order passed by the Division Bench and remitted the matter to the Division Bench of this Court. 5. Pursuant to the order passed by the Hon'ble Apex Court, the Division Bench disposed of the writ appeal in WA No. 6435 of 2000 vide order dated 04.01.2005. The Division Bench dismissed the appeal filed by respondent No.5. The order passed by the Division Bench in Writ appeal No.6435 of 2000 is not an executable order. Hence, question of issuing a mandamus directing the respondents to comply with the order passed in Writ appeal No. 6435 of 2000, - 5 - HC-KAR NC: 2026:KHC:10074 WP No. 9714 of 2024 disposed of on 04.01.2025 does not arise. Hence, I do not find any grounds to entertain the writ petition. 6. Accordingly, I proceed to pass the following: ORDER i. The writ petition is dismissed. ii. A liberty is reserved in favour of the legal representatives of the petitioner to submit a representation to the respondents. If, such representations are submitted, the respondents are directed to consider the same and pass the appropriate order in accordance with law. iii. Pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS