- 1 - HC-KAR NC: 2026:KHC:34135 WP No. 47143 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 47143 OF 2016 (GM-RES) BETWEEN: 1. M/S TMR ASSOCIATION WELFARE ASSOCIATION OF THE RESIDENTS OF THE AUSTIN TOWN LAYOUT, NO.116, 3RD MAIN ROAD, AUSTIN TOWN, BENGALURU-560 047 REPRESENTED BY ITS SECRETARY DR.HARINDRANATH SHETTY, S/O A RAGHUNATH SHEETY, AGED ABOUT 62 YEARS, 2. DR HARINDRANATH SHETTY S/O SRI A RAGHUNATH SHETTY, AGED ABOUT 62 YEARS, RESIDENT OF NO.116, 3RD MAIN, AUSTIN TOWN LAYOUT, BENGALURU-560 047. 3. MR SYED SALAUDDIN MAHER AGED ABOUT 52 YEARS, S/O SYED MUSTAFA, #111, 3RD MAIN, AUSTIN TOWN LAYOUT, BENGALURU-560 047. 4. SRI SATAJ PASHA S/O SRI R SARDAR, AGED ABOUT 48 YEARS, R/AT NO.117, 3RD MAIN, AUSTIN TOWN LAYOUT, BENGALURU-560 047. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34135 WP No. 47143 of 2016 5. SRI SYED SAJJAD AHMAD S/O SRI BASHEER, AGED ABOUT 40 YEARS, R/OF NO.110, 3RD MAIN, AUSTIN TOWN LAYOUT, BENGALURU-560 047. 6. SRI R BAHADUR KHAN AGED ABOUT 52 YEARS, S/O RAWWOF KHAN, R/O NO.109, 3RD MAIN, AUSTIN TOWN LAYOUT, BENGALURU-560 047. 7. SRI VIVEK NAGPAL AGED ABOUT 53 YEARS, S/O JAGADISH NAGPAL, NO.119, 3RD MAIN, AUSTIN TOWN LAYOUT, BENGALURU-560 047. 8. SRI K BASHARATH ALI AGED ABOUT 70 YEARS, S/O LATE K ABDUL SATTER, ] NO.107, 3RD MAIN, AUSTIN TOWN LAYOUT, BENGALURU-560 047. 9. MR ARIF ALI AGED ABOUT 65 YEARS, NO.124, 3RD MAIN, AUSTIN TOWN LAYOUT, BENGALURU-560 047. 10. MR ZIYAULLA AGED ABOUT 33 YEARS, S/O ZAHIR, NO.106, 3RD MAIN, AUSTIN TOWN LAYOUT, BENGALURU-560047 …PETITIONERS - 3 - HC-KAR NC: 2026:KHC:34135 WP No. 47143 of 2016 (BY SRI. KESHAVA BHAT A.,ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, BENGALURU-560 001. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, SANKEY ROAD, BENGALURU-560 001. 3. THE DIRECTOR OF TOWN PLANNING BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, SANKEY ROAD, BDA AUTHORITY OFFICE, BENGALURU-560 001. 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE BANGALORE METROPOLITAN TASK FORCE, BRUHATH BANGALORE MAHANAGARA PALIKE, WARD NO.115(VANNAR PET), BENGALURU-560 001. 5. THE ASST EXECUTIVE ENGINEER BBMP, WARD NO.115 (VANNAR PET) BANGALORE CITY CORPORATION, BENGALURU-560 001. 6. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, BANGALORE SOUTH DISTRICT, CHAMRAJPET (NEAR KALASIPALYAM POLICE STATION) BENGALURU-560 018. 7. R P LOKARAJU S/O LATE P NARASA RAJU, 8. N MANJULA - 4 - HC-KAR NC: 2026:KHC:34135 WP No. 47143 of 2016 W/O R P LOKARAJU, RESPONDENT NOS.7 AND 8 ARE R/A HOUSE NO.115 AND 115/1, 3RD CROSS, 3RD MAIN, AUSTIN TOWN LAYOUT, BENGALURU-560 047. 9. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, PRIMARY AND SECONDARY EDUCATION, M.S BUILDING, BENGALURU-560001. 10. COMMISSIONER OF PUBLIC INSTRUCTION EDUCATION DEPARTMENT, GOVERNMENT OF KARNATAKA, NRUPATHUNGA ROAD, BANGALORE-560 001. 11. THE STATE OF KARNATAKA REPT. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE- 560 001. 12. THE URBAN DEVELOPMENT DEPARTMENT REPT. BY ITS SECRETARIAT/COMMISSIONER VIDHANA SOUDHA BUILDING AMBEDKAR VEEDHI SAMPANGI RAMA NAGAR BANGALORE - 560 001. …RESPONDENTS (BY SRI. B.S. SATYANAND.,ADVOCATE FOR R1 AND R5; SRI. SACHIN B.S., ADVOCATE FOR R2 AND R3; SRI. MAHANTESH SHETTAR, AGA FOR R4, R6, R9, R10, R11, R12; SRI. K.V. DHANANJAY, ADVOCATE FOR R7 AND R8) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-7 - 5 - HC-KAR NC: 2026:KHC:34135 WP No. 47143 of 2016 AND R-8 TO SHIFT THE EXISTING SCHOOLS NAMELY ALL INDIA INFANTS INDIAN NURSERY, INFANT INDIAN SCHOOL AND INFANT INDIAN HIGH SCHOOL FROM SITE NO.138 AND 139 OF AUSTINTOWN LAYOUT, TO ANY OTHER PERMITTED ZONES AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner-association along with the residents of the area are before this Court being aggrieved by the School being run by the respondent Nos.7 and 8 in a residential area, seeking following reliefs; ''1). Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 6, 9 and 10 to direct the respondent No.7 and 8 to shift the existing schools namely All India Infants Indian Nursery, Infant Indian School and Infant Indian High School from site Nos.138 and 139 of Austintown layout, to any other permitted zones. 2) Also issue a writ of mandamus or any other appropriate writ order or direction directing direct respondents 1 to 6, 9 and 10 not to permit the respondent No.7 and 8 to expand its school building or any other school activities to site nos.136, 137 and 115 of Austintown layout, Vannarpet ward, BBMP area; 3) Grant such other relief as this Hon'ble Court deems fit in the interest of justice.'' 2. Learned counsel for the petitioner after taking this Court through the records, draws attention of this Court to Order dated 22.09.2025, which read as under: - 6 - HC-KAR NC: 2026:KHC:34135 WP No. 47143 of 2016 ''The petitioners have sought for a writ in the nature of mandamus to direct the respondent Nos.1 to 6, 9 and 10 to direct respondent Nos.7 and 8 to shift the existing schools, namely, All India Infants Indian Nursery, Infant Indian School and Infant Indian High School from Site Nos.138 and 139 of Austintown layout to any other permitted zone. They have also sought for a direction to the respondent Nos.1 to 6, 9 and 10 not to permit respondent Nos.7 and 8 to expand any school building or undertake any other school activities in Site Nos.136, 137 and 115 of Austintown Layout, Vannarpet Ward, Bruhat Bengaluru Mahanagara Palike Area. Learned counsel for respondent Nos.7 and 8 is absent. The photographs which are filed along with the writ petition go to show that the schools are conducted in a building which lie on the corner of a road. These schools are run in a site measuring 60 feet x 40 feet. It is not known as to whether there is proper building plan approval for the school building, whether there are enough number of lavatories, whether there is play ground for children to play and whether there is sufficient infrastructure such as laboratories, staff rooms etc. It is also not known whether such an activity is permitted in a residential zone. It appears that none of the authorities have applied their mind but on the contrary have allowed the respondent Nos.7 and 8 to thrive. This gives an impression that the respondent Nos.7 and 8 are in the good books of the respondent Nos.5, 6 and 10, who seem to be uninterested to take any corrective action. Therefore, in order to get a first hand information as to compliances in law in the respondent Nos.7 and 8 running the schools in question, this Court directs the respondent Nos.5, 6 and 10 to visit the schools and submit a detailed report regarding the following questions: (i). Whether the school building/s is/are authorized in law and whether there are plans and licences for constructing the building/s for the purpose of the schools? (ii). Whether the respondent Nos.7 and 8 are authorized in law to use the property for the purposes of a school? (iii). Whether the schools have all the required infrastructure for the students? (iv). What is the number of students studying in the schools, the number of class rooms and the number of the other infrastructure available? (v). Whether there is a playground for the activities of the students? (vi). What is the impact on the neighbourhood by respondent Nos.7 and 8 running the schools in question?. - 7 - HC-KAR NC: 2026:KHC:34135 WP No. 47143 of 2016 The said report shall be placed before the Court within a period of four weeks from today. The inspection shall be carried on 27.09.2025 and 28.09.2025 at 11 a.m. It is open for everybody concerned to be present at the inspection of the schools on 27.09.2025 and 28.09.2025.'' 3. He submits that despite said order and the direction issued, report has not been submitted to this Court. He submits that the respondent-authorities concerned have not shown due regards even to the directions issued by the Court, causing unbearable hardship to the residents as that of the petitioners herein. 4. Learned AGA on the other hand submits that the respondent-authorities will take appropriate action, more particularly, on the questions that have been framed by this Court in the Order dated 22.09.2025 and pass appropriate order and action will also be initiated in accordance with law. 5. Sri. Satyanand, learned counsel for the respondent No.1 and 5 furnishing a copy of the order passed by the Co- ordinate Bench of this Court in W.P.No.27740/2010 and submits that certain observations and directions issued in the said order may have bearing on the facts of the instant case, more particularly with regard to the location and manner of - 8 - HC-KAR NC: 2026:KHC:34135 WP No. 47143 of 2016 running of the Educational Institute. He submits, while the authorities taking action, they may also be directed to keep in mind the observation and directions issued by the Co-ordinate Bench of this Court. 6. Heard and perused the records. 7. Needless to state, issues raised by the petitioners are serious in nature. It may be one thing to say that for lack of effective, adequate, alternate educational institutions by the State, the authorities cannot be harsh with the existing private educational Institutions on the premise of non-compliance with the law and regulations. But it is quite another that under such excuse, schools and institutions being conducted and run in violation of these statutory provisions be completely exempted. The later effect cannot be brushed aside absolutely. 8. Substantial compliance with applicable rules and regulations is the least what is expected. 9. Mere existence of a school for decades in violation of the applicable provisions of law cannot be a ground to condone and continue to allow such schools and institutions to exist. - 9 - HC-KAR NC: 2026:KHC:34135 WP No. 47143 of 2016 Interest of the students, their safety and welfare shall also be kept in mind. As the Act governing the field, specifically mandates minimum infrastructure and paraphernalia to be provided in the educational institutions. 10. It is in the light of the aforesaid requirement of law, this Court by Order dated 22.09.2025 had directed the respondent-authorities to file a report. 11. Even if such a report is filed it is for the respondents to take action on the ground. For this reason, this Court, taking note of the aforesaid order as extracted hereinabove, deems it appropriate to pass the following: ORDER (i) Petition is disposed of. (ii) Respondent No.10-Commissioner of Public Information, shall comply with the Order dated 22.09.2025, more particularly with the questions raised therein and shall also keep in mind the order of the Co-ordinate Bench of this Court passed in W.P.No.27740/2010. - 10 - HC-KAR NC: 2026:KHC:34135 WP No. 47143 of 2016 (iii) Respondent No.10 shall provide an opportunity of being heard to respondent Nos.7 and 8 and pass appropriate orders within an outer limit of 3 months from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 22