- 1 - HC-KAR CNR: KAHC010586062023 NC: 2026:KHC:46787 WP No. 25209 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25209 OF 2023 (GM-RES) BETWEEN: SHRI. M.H.RANGANATH S/O LATE HANUMANTHAPPA AGED ABOUT 76 YEARS R/A D.NO.216, NIJALINGAPPA LAYOUT DAVANAGERE - 577 004 …PETITIONER (BY SRI. V.B.SHIVA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION(PLANNING) M S BUILDING BENGALURU - 560 001. 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION NRUPATHUNGA ROAD BENGALURU - 560 001. 3. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTION DAVANAGERE DISTRICT DAVANAGERE - 570 001. …RESPONDENTS (BY SRI. MAHANTESH SHETTER, AGA) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010586062023 NC: 2026:KHC:46787 WP No. 25209 of 2023 THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING T0 DIRECT THE R3 OR AT THE INTERVENTION OF R1 AND 2 TO HAND OVER POSSESSION OF THE SCHEDULE PROPERTY TO THE PETITIONER AFTER REMOVING ALL SUCH PERSONS AND THEIR OCCUPATIONS WHICH ARE KNOWN TO THE RESPONDENT AUTHORITIESCOST OF THE PETITIONGRANT AN INTERIM ORDER TO DIRECT THE RESPONDENT AUTHORITIES TO HAND OVER VACANT POSSESSION OF THE SCHEDULE PROPERTY AFTER REMOVING ALL UNAUTHORIZED OCCUPATION OF THE MISCREANTS OCCUPIED AT THE INSTANCE OF THE RESPONDENT AUTHORITIES. 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 ORAL ORDER 1. Petitioner is before this Court seeking following reliefs; "(a) For a writ in the nature of mandamus or any other appropriate writ or direction directing the 3rd respondent or at the intervention of respondents 1 and 2 to hand over possession of the schedule property to the petitioner after removing all such persons and their occupations which are known to the respondent authorities. (b) cost of the petition." - 3 - HC-KAR CNR: KAHC010586062023 NC: 2026:KHC:46787 WP No. 25209 of 2023 2. Brief facts of the case are that father of the petitioner was the absolute owner of property bearing No.322/2/102 measuring 25'X20' feet and also another property bearing No.322/2-103 measuring (60'+40')/2X90', both situated at No.535, 'A' cross road, Avaragere Ward No. 3, Davanagere. He had let out the said property in favour of the respondent-authorities for the purpose of running a Government Higher Primary School, on 11.09.1964 on a annual rent of Rs.5,500/-. That the school that was being run on the said property is stated to have been shifted and relocated resulting in the aforesaid property falling vacant. Accordingly, petitioner had requested the respondent-authorities to deliver vacant possession of the aforesaid property by his letter dated 10.06.2008. 3. Respondent -Deputy Director (Administration) of Public Education Department, Davanagere vide memorandum dated 05.02.2020 at Annexure-F had called upon the Block Education Officer to take necessary steps in handing over of the aforesaid property to the petitioner at the earliest. In furtherance thereof, Block Education - 4 - HC-KAR CNR: KAHC010586062023 NC: 2026:KHC:46787 WP No. 25209 of 2023 Officer had directed the Headmaster of the Government Higher Primary School to vacate and hand over the said property. Since no action has been taken pursuant to the said communications, the petitioner is before this Court seeking relief as noted above. 4. Learned AGA appearing for the respondents submits that given some time appropriate action in this regard will be taken. 5. Heard. Perused the records. 6. Since there is no dispute of any nature whatsoever with regard to father of the petitioner having granted lease of the property in favour of the respondent-authorities for the purpose of running a school and the concerned Deputy Director and Block Education Officer having issued necessary memorandums as per Annexures-F and G noted above, the respondent-authorities are directed to hand over the vacant physical possession of the aforesaid property to the petitioner within an outer limit of 3 months from today, if not already delivered. Any delay would entail payment of Rs.10,000/- per day personally, - 5 - HC-KAR CNR: KAHC010586062023 NC: 2026:KHC:46787 WP No. 25209 of 2023 payable by the Officer concerned, till handing over of the said possession to the petitioner. Petition is disposed of accordingly. SD/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 17