SHRI RANGANATHASWAMY VIDYA SAMSTHE (S.C.) v. THE STATE OF KARNATAKA
WP/25657/2023 · 2026-07-15
M G S Kamal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 31193 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 31193 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:35970 WP No. 25657 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25657 OF 2023 (GM-RES) BETWEEN:
1.
SHRI RANGANATHASWAMY VIDYA SAMSTHE (S.C.) (REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, 1961) ALOORAHATTI VILALGE DAVANAGERE TALUK:DISTRICT REPRESENTED BYITS SECRETARY M. BASAVARAJA NAYKA S/O MANYANAYKA AGED ABOUT 59 YEARS SOCIAL WORKER SHRIRAMANAGARA ALOORAHATTI VILLAGE DAVANAGERE TALUK DISTRICT 577512 …PETITIONER (BY SRI. RAMAKRISHNA N.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF SOCIAL WELFARE M.S. BUILDING DR. AMBEDKAR VEEDHI, BANGALORE 560 001
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:35970 WP No. 25657 of 2023
2.
THE COMMISSIONER DEPARTMENT OF SOCIAL WELAFE MS. BUILDING DR. AMBEDKAR VEDHI, BANGALORE 560 001
3.
THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE 577 001
4.
CHINNASAMUDRA SHEKHARANAYAKA DISTRICT SECRETARY KARNATAKA RAJYA RAITHA SANGHA CHINNASAMUDRA NERLIGE POST DAVANAGERE TALUK DISTRICT 577 556 …RESPONDENTS (BY SRI.SRINIVAS KUMAR., HCGP FOR R1 TO R3 R4 SERVED AND UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO.SWD/INFR/INF3/2/2023 (E-1027591), BENGALURU, DATED 28.04.2023 ISSUED BY THE R1, PRODUCED AT ANNEXURE-E AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
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HC-KAR NC: 2026:KHC:35970 WP No. 25657 of 2023
ORAL ORDER
1. Petitioner society is before this Court seeking following relief:
" WHEREFORE it is most respectfully prayed that this Hon'ble Court be pleased to issue Writ of Certiorari quashing the order bearing No.SWD/INFR/INF3/2/2023 (E-1027591), Bengaluru, dated 28.04.2023 issued by the 1st Respondent, produced at ANNEXURE-E and pass such other orders or directions as this Hon'ble Court deems fit, just and proper under the facts and circumstances of the case, in the interest of justice and equity."
2. Petitioner a Society registered under the Karnataka Societies Registration Act, 1961, was granted certain financial assistance from the respondent-Government for the purpose of construction of a high school building in a sum of ₹1 crore in two equal installments of ₹ 50,00,000/- each.
3. Petitioner society claims that construction of the building is completed. However respondent No.4 had made a complaint to respondent No.3 alleging violation of the grant conditions. Respondent No. 3 is stated to have formed a committee to verify the allegations of violation of the guidelines. That without even issuing any notice or conducting enquiry based on the report of respondent No.2, impugned order at Annexure-E has been passed by
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HC-KAR NC: 2026:KHC:35970 WP No. 25657 of 2023
respondent No.1, canceling the grant of financial assistance.
4. Being aggrieved the present petition.
5. Perusal of impugned order at Annexure-E indicates that the same has been passed based on a letter issued by the Deputy Commissioner alleging violation of the grant conditions. No notice or any enquiry seem to have been issued or conducted, providing an opportunity to the petitioner to have its say in the matter. Order of granting financial assistance has been withdrawn, without providing an opportunity to the petitioner.
6. Learned HCGP submits that given sometime, respondent No.3-Deputy Commissioner will conduct an inquiry into the allegations made in the complaint filed by respondent No.4 and after affording opportunity to petitioner, appropriate order in this matter will be passed.
7. Submission is placed on record.
8. Accordingly, the following:
ORDER
(i) The writ petition is allowed.
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HC-KAR NC: 2026:KHC:35970 WP No. 25657 of 2023
(ii)
Order bearing No:SWD/INFR/INF3/2/2023(E- 1027591) Bengaluru, dated 28.04.2023 passed by respondent No.1 as per Annexure-E is quashed.
(iii) Matter is remitted to respondent No.3 - Deputy Commissioner who shall hold an enquiry and after affording sufficient opportunity to the petitioner of being heard shall pass appropriate orders in accordance with law.
Such enquiry shall be conducted within an outer limit of 6 months from the date of receipt of certified copy of this order. In view of disposal of writ petition, pending IAs, if any, stands disposed of.
Sd/- (M.G.S. KAMAL) JUDGE
SPV List No.: 1 Sl No.: 11