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2026 DAILYLAW 49885 (KAR)

SRI SAHAKARA EDUCATION SOCIETY v. STATE OF KARNATAKA

WP/25240/2024 · 2026-01-21

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3447 WP No. 25240 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 25240 OF 2024 (EDN-RES) BETWEEN: SRI SAHAKARA EDUCATION SOCIETY NO. 1350, A BLOCK, SAHAKARA NAGAR, BENGALURU - 560092 REPRESENTED BY ITS PRSIDENT SHRI. CHANDRASEKHARAM ALIAS CHANDRASEKHAR S/O M PULLAMRAJU, 59 YEARS R/AT 987, D BLOCK, SAHAKARANAGARA, BENGALURU - 560092. …PETITIONER (BY SRI. AMSHUMAN. M., ADVOCATE AND SRI. SUDHARSAN SURESH) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY EDUCATION) VIDHANA SOUDHA, BENGALURU - 560001. 2. COMMISSIONER OF PUBLIC INSTRUCTION DEPARTMENT OF EDUCATION Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3447 WP No. 25240 of 2024 (PRIMARY AND SECONDARY EDUCATION) NRUPATHUNGA ROAD, BENGALURU - 560001. 3. DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY EDUCATION) NRUPATHUNGA ROAD, BENGALURU - 560001. 4. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY EDUCATION) CENTRAL JUNIOR COLLEGE BUILDING, KEMPEGOWDA ROAD, BANGALORE - 560009. 5. BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTIONS BENGALURU NORTH - ZONE 04 YELAHANKA, BENGALURU - 560064. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE IMPUGNED NOTICE DATED 26/08/2024 AT ANNX-A BEARING NO. SL. NO. CL AKASAA/ST.PRA/2021-22 PASSED BY THE R5. B) DIRECT THE R1 TO R5 TO APPROVE THE CHANGE OF LOCATION IN ACCORDANCE WITH ANNX-B DATED 31/08/2024 AND ANNX-Q1 DATED 02/01/2023 AND ANNX-Q2 DATED 07/01/2023. - 3 - HC-KAR NC: 2026:KHC:3447 WP No. 25240 of 2024 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition challenging the show cause notice dated 26.08.2024 vide Annexure-A. 2. The petition is filed challenging only a show cause notice. Hence, the writ petition is not maintainable in view of the exposition of law laid down by the Hon’ble Apex Court in the case of Commissioner of Central Excise, Haldia vs. M/s. Krishna Wax Private Limited reported in Civil Appeal No.8609/2019, disposed of on 14.11.2019. 3. Although the petitioner has replied to the show cause notice on 31.08.2024, and respondent No.5 has not passed any order. However, the learned counsel for the petitioner submits that a liberty be reserved to - 4 - HC-KAR NC: 2026:KHC:3447 WP No. 25240 of 2024 the petitioner to file an additional reply to the show cause notice. 4. Submission is placed on record. 5. Accordingly, I proceed to pass the following order: ORDER i. The writ petition is disposed of. ii. A liberty is reserved to the petitioner to submit an additional reply to the show cause notice within seven days from today, and thereafter respondent No.5 is directed to consider the reply, and additional reply, if submitted by the petitioner, and to pass the appropriate order in accordance with law within two weeks from the date of receipt of a copy of this order. iii. Meanwhile, respondent No.5 is directed not to take any coercive steps against the petitioner till passing of an order. iv. While considering the reply, respondent No.5 is also directed to consider regarding - 5 - HC-KAR NC: 2026:KHC:3447 WP No. 25240 of 2024 the applicability of Sections 41 and Section 1(3)(iiia) of Karnataka Education Act, 1983. v. In view of the disposal of the petition, I.A.No.1/2026 does not survive for consideration. vi. Respondent No.5 is also directed to hear the impleading applicant and to pass the appropriate order. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV