The High Court of Karnataka dismissed the writ petition as withdrawn by the learned counsel, noting that the impugned communication had rendered the petition infructuous due to the issue of a structural stability certificate.
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.8981 OF 2022 [EDN-REG]
BETWEEN:
SREE ANUPAMA EDUCATION AND RURAL DEVELOPMENT SOCIETY (S.C)(R)
HANUMANTHAPPA COMPOUND
FORT ROAD, CHITHRADURGA - 577 501 BY ITS SECRETARY,
BHASKAR S
S/O SOMASHEKAR HANUMANTHAPPA COMPOUND FORT ROAD
CHITHRADURGA - 577 501
... PETITIONER
(BY SRI. SIDDAPPA B.M., ADVOCATE)
AND:
...RESPONDENTS
2
(BY SMT. A.R.SHARADAMBA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION IN THE NATURE OF WRIT QUASHING THE COMMUNICATION MADE BY THE RESPONDENT NO.1 ON 23.03.2022 THROUGH HIS LETTER TO PETITIONER BEARING NO.kaeam:sa:lovichi:chidu:sha.ka.su.pa:20212022/4387 PRODUCED AS ANNEXURE-C TO THE WRIT PETITION; B) ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION IN THE NATURE OF WRIT DIRECTING THE RESPONDENT NO.2 AND 3 TO CONSIDER THE GRANTING OF PERMISSION TO THE PETITIONER SOCIETY TO START PRIMARY SCHOOL ENGLISH MEDIUM AT NEWLY CONSTRUCTED WELL EQUIPPED BUILDING SITUATED AT MASTHAMMA LAYOUT FORT ROAD CHITRADURGA FOR THE ACADEMIC YEAR 2022-23 SUBJECT TO PRODUCTION OF THE CERTIFICATE ISSUED BY THE RESPONDENT NO.1 WITHIN A TIME BOUND PERIOD AS PER THE REPRESENTATION DATED 08.04.2022 VIDE ANNEXURE-D; C) ANY OTHER ORDER OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING AN ORDER AS TO COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
Learned counsel for petitioner has filed memo
seeking dismissal of writ petition as having become infructuous, as respondent No.1 issued structural stability certificate to the petitioner.
Memo is placed on record.
Accordingly, writ petition is dismissed as
withdrawn.
Sd/JUDGE
RR
Sree Anupama Education and Rural Development Society (S.C)(R) Hanumanthappa Compound
The Executive Engineer Public Works Department Chithradurga
The Commissioner Department of Public Instructions Nrupathunga Road Bengaluru
Deputy Director of Pulblic Instructions Department of Public Instructions Chitradurga District Chitradurga
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
