- 1 - HC-KAR NC: 2026:KHC:879 WP No. 23962 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 23962 OF 2023 (EDN-RES) BETWEEN: EMPOWER EDUCATION TRUST (REGD) NO 2609/456, 1ST FLOOR 3RD MAIN, B BLOCK S S LAYOUT, DAVANAGERE 577005 BY ITS SECRETARY SRI GHOUSULLA AHAMED S/O IBADIULLA AHAMED AGED ABOUT 43 YEARS R/O SHANKAR VIHAR LAYOUT 2ND MAIN, III CROSS DAVANAGERE 577006 …PETITIONER (BY SRI. SIDDAPPA B M., DVOCATE) AND: 1. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DAVANAGERE DISTRICT DAVANAGERE – 577005 2. THE BLOCK EDUCATION OFFICER DAVANAGERE NORTH DAVANAGERE 577005 …RESPONDENTS (BY SRI. MANJUNATH K, HCGP) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:879 WP No. 23962 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM ISSUED BY THE RESPONDENT 2 IN CASE NO. A2/SA SHI E/KA ANU RA PRASHA MU/146/202229023 DTD 16.10.2023 PRODUCED AS ANNX-P TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition challenging the official memorandum dated 16.10.2023 issued by respondent No.2 vide Annexure-P. 2. Brief facts leading rise to the filing of this writ petition are as follows: 2.1. The petitioner is a registered trust registered under the Indian Trust Act. Respondent No.2 granted a recognition-cum-permission to the petitioner to run a pre- primary school. The petitioner-Trust has taken a building on lease. The Commissioner, Department of Public Instructions issued a circular on 30.03.2023. Respondents - 3 - HC-KAR NC: 2026:KHC:879 WP No. 23962 of 2023 issued a show-cause notice on 19.05.2023 at the instance of one Shreyas, who claims to be the social worker, alleging that, school building is located under high tension electricity wire. The petitioner gave a reply to respondent No.2 on 22.05.2023. Respondent No.2 issued a show- cause notice to the petitioner on 29.05.2023 and 08.06.2023. The petitioner submitted a reply to the show- cause notice on 12.06.2023. Again, respondent No.1 issued a show-cause notice on 07.08.2023. The petitioner replied to the show-cause notice issued by respondent No.1 on 16.08.2023 and 06.09.2023. Respondent No.2 served a letter on 16.10.2023 on the Headmaster, Vision International School and on the same day, issued an official memorandum. The petitioner, aggrieved by the official memorandum dated 16.10.2023, filed this writ petition. 3. Heard the arguments of learned counsel for the petitioner and learned HCGP for the respondents. - 4 - HC-KAR NC: 2026:KHC:879 WP No. 23962 of 2023 4. Learned counsel for the petitioner submits that, respondent No.2 has issued a permission for running the pre-primary school. The petitioner-Trust is running the pre-primary school since 2016. At the instance of one Shreyas, who claims to be a social worker, alleged that the school building is situated under the high tension electricity line, respondent No.2 issued a show-cause notice in this regard. He submits that, respondent No.2 fixed the date for inspection on 17.10.2023, but the order came to be passed on 16.10.2023 without inspection. Thus, the order passed by respondent No.2 is arbitrary and erroneous. Hence, on this ground, he prays to allow the writ petition. 5. Per contra, learned HCGP submits that, if reasonable time is granted, respondent No.2 will re- consider the case and would pass an appropriate order in accordance with law. 6. Perused the records and considered the submissions of the learned counsel for the parties. - 5 - HC-KAR NC: 2026:KHC:879 WP No. 23962 of 2023 7. It is an undisputed fact that the petitioner, after obtaining the permission from the concerned authority, started running the pre-primary school since 2016. At the instance of one Shreyas, who has lodged a complaint against the petitioner-Trust alleging that the school building is situated under the high tension electricity line, respondent Nos.1 and 2 issued several show-cause notices to the petitioner. The petitioner replied to the said show- cause notices. Respondent No.2 issued a notice fixing the date for inspection on 17.10.2023. However, respondent No.2 has passed a memorandum on 16.10.2023 without inspecting the spot. 8. Respondent No.2 has passed an official memorandum without application of mind and without visiting the spot to ascertain whether the school building is situated under the high tension electricity line. Hence, the impugned memorandum passed by respondent No.2 is arbitrary, erroneous and the same is liable to be set aside. - 6 - HC-KAR NC: 2026:KHC:879 WP No. 23962 of 2023 9 In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed; ii. The official memorandum issued by respondent No.2 vide Annexure-P dated 16.10.2023 is hereby quashed; iii. Respondent No.2 is directed to visit the spot, and after giving an opportunity of personal hearing to the petitioner, to pass an appropriate order in accordance with law within a period of 3 months from the date of receipt of a certified copy of this order; iv. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 32