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2026 DAILYLAW 34861 (KAR)

RISHI SRI VIDYANIKETHANA VIDYA SAMSTHE (R) v. THE STATE OF KARNATAKA

WP/16018/2026 · 2026-07-29

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010347782026 NC: 2026:KHC:39810 WP No. 16018 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 16018 OF 2026 (EDN-RES) BETWEEN: RISHI SRI VIDYANIKETHANA VIDYA SAMSTHE (R) A SOCIETY REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960, KERALAPURA MAIN ROAD, ICHANAHALLI, HOLENARASIPURA TALUK HASSAN DISTRICT-573211 REPRESENTED BY ITS SECRETARY SRI. M. PRAKASH …PETITIONER (BY SRI. PRAKASH M H., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, K. R. CIRCLE, BANGALORE-560 001 2. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, HASSAN DISTRICT, HASSAN-573116 3. THE BLOCK EDUCATION OFFICER, HOLENARASIPURA HASSAN DISTRICT-573116 Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010347782026 NC: 2026:KHC:39810 WP No. 16018 of 2026 4. SRI. C. SURESH S/O. LATE. P. KUMAR NAIR AGED ABOUT 60 YEARS, DR. LOHIA ROAD, VIDYANAGAR LAYOUT, HASSAN-573 116 …RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM BEARING NO. AA.NUL/ PRA. SHI.AA.ITARE/110/2025-26, DATED 19.05.2026 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-P AS ILLEGAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking the following reliefs: “a. issue a writ in the nature of certiorari to quash the Official Memorandum bearing No. Aa.Nul:Pra.Shi.Aa.itare/110/2025-26, dated: 19.05.2026 issued by respondent No.2 vide Annexure-P as illegal. b. issue any other appropriate writ or direction to the respondents deem fit in the circumstances of the case in the interest of justice and equity.” - 3 - HC-KAR CNR: KAHC010347782026 NC: 2026:KHC:39810 WP No. 16018 of 2026 2. The petitioner filed this writ petition challenging a show-cause notice calling upon the petitioner to furnish a reply to the said notice. The petitioner, instead of furnishing a reply to the same, has filed this writ petition. Hence, the writ petition is not maintainable in view of the proposition of law laid down by the Hon’ble Apex Court in the case of Commissioner of Central Excise, Haldia Vs. Krishna Wax Private Limited1. 3. Accordingly, the writ petition is dismissed as not maintainable. 4. A liberty is reserved to the petitioner to furnish a reply to the memorandum dated 19.05.2026 issued by respondent No.2 vide Annexure-P, within eight days from today. On receipt of the said reply, respondent Nos.1 to 3 are directed to provide an opportunity of personal hearing to the petitioner and respondent No.4, and pass an appropriate order in accordance with law. 1 2019 SCC OnLine SC 1470 - 4 - HC-KAR CNR: KAHC010347782026 NC: 2026:KHC:39810 WP No. 16018 of 2026 5. Until the passing of orders by respondent Nos.1 to 3, respondent Nos.1 to 3 are directed not to take any coercive action against the petitioner. 6. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 7