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2026 DAILYLAW 33953 (KAR)

BOWRING INSTITUTE v. THE STATE OF KARNATAKA

WP/24726/2026 · 2026-08-12

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010536082026 NC: 2026:KHC:42773 WP No. 24726 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 24726 OF 2026 (KLR-LG) BETWEEN: 1. BOWRING INSTITUTE A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION ACT 1960 AND HAVING ITS REGISTERED OFFICE AT NO.19, ST MARKS ROAD, BANGALORE 560 001 BY ITS HON SECRETARY …PETITIONER (BY SRI. K B S MANIAN.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA MS BUILDINGS DR BR AMBEDKAR ROAD BANGALORE-560001. 2. THE UNDER SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA (LAND GRANTS-1) MS BUILDINGS, DR BR AMBEDKAR ROAD BANGALORE-560001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010536082026 NC: 2026:KHC:42773 WP No. 24726 of 2026 3. THE JOINT SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA (LAND GRANT, LAND DEVELOPMENT AND LAND REVENUE) MS BUILDINGS DR BR AMBEDKAR ROAD BANGALORE-560001. …RESPONDENTS (BY SRI. KIRAN RON, AAG FOR SRI SPOORTHY HEGDE, HCGP) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SHOW CAUSE NOTICE DATED 23RD JULY 2026 ISSUED BY THE R2 BEARING NO. REV.DEPT.158 LGQ 2022 DATED 23RD JULY 2026 PRODUCED AS ANNEXURE-A HERETO. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri K B S Manian, learned counsel appearing for petitioner and Sri Kiran Ron, learned Additional Advocate General for Sri Spoorthy Hegde N, learned High Court Government Pleader appearing for respondents. 2. In this petition, the petitioner is assailing the show-cause notice dated 23.07.2026 (Annexure-A) issued by respondent No.2. - 3 - HC-KAR CNR: KAHC010536082026 NC: 2026:KHC:42773 WP No. 24726 of 2026 3. Sri K B S Manian, learned counsel appearing for the petitioner invited the attention of the Court to the show cause notice dated 13.01.2020 (Annexure-G) and the order passed by this Court on 03.02.2020 in WP No.2105/2020 (Annexure-J) and contended that, the identical notice was issued on the earlier occasion at Annexure-G. Thereafter a suitable reply was given, and therefore, submitted that the respondent No.2 has no jurisdiction to issue the second show cause notice on identical lines, and therefore, sought for interference of this Court. 4. Per contra, Sri Kiran Ron, learned Additional Advocate General appearing for respondents submitted that, since the show-cause notice has been issued to the petitioner as per Annexure-G, it is open for the petitioner to file reply to the show cause notice dated 23.07.2026, and therefore, the writ petition itself is not maintainable, and also the learned Additional Advocate General disputes - 4 - HC-KAR CNR: KAHC010536082026 NC: 2026:KHC:42773 WP No. 24726 of 2026 that the contentions raised by the learned counsel for the petitioner and contended that the present show cause notice dated 23.07.2026 (Annexure-A) is not identical to the show cause notice dated 13.01.2020 (Annexure-G) and therefore sought for dismissal of the petition. 5. In the light of the submissions made by the learned counsel for the parties and careful consideration of the averments made in the show cause notice dated 23.07.2026 (Annexure-A), I am of the view that an opportunity be extended to the petitioner to file reply to the same within fifteen days from the date of receipt of this order. After receipt of such reply that may be made by the petitioner with regard to the show cause notice dated 23.07.2026, it is open for respondent No.2 to take a decision in the matter in accordance with law. However, this Court at paragraphs No.10 and 11 in WP No.2105/2020 disposed of on 03.02.2020 (Annexure-J) has granted fifteen days time to the petitioner by - 5 - HC-KAR CNR: KAHC010536082026 NC: 2026:KHC:42773 WP No. 24726 of 2026 restraining the respondent No.2 therein not to take any precipitative action against the petitioner in the event, if any adverse order has been passed against the petitioner. 6. Following the similar lines of the order passed by this Court, I am of the view that, in the event if any adverse order is passed by the respondent No.2, pursuant to the receipt of the reply that may be made by the petitioner as stated above, the respondent No.2 shall not take any precipitative action for a period of fifteen days from the date of such order to be passed by respondent No.2. 7. All contentions of the parties are kept open. 8. It is needless to say that, as the impugned notice dated 23.07.2026 (Annexure-A) refers to the report of the BBMP and therefore, the respondent No.2 is directed to furnish the copy of the said report by the BBMP to the petitioner within two days from today. - 6 - HC-KAR CNR: KAHC010536082026 NC: 2026:KHC:42773 WP No. 24726 of 2026 With this observation, writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 38