Disposed

Vishva Bharat Seva Samiti, v. the Additional Commissioner of Public Instructions

Karnataka HC2 Feb 2023WP/77057/2013

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ petition seeking to quash an endorsement and direct acceptance of the Petitioner Society as the duty constituted body for managing educational institutions. The Court held that contentious issues were sub-judice in consolidated civil suits and disposed of the petition pending the competent civil court's decision.

What did the court decide?

Writ petition disposed off; parties relegated to resolve disputes before the competent Civil Court; Civil Court directed not to be influenced by the impugned endorsement.

Vishva Bharat Seva Samiti, Vs the Additional… — Writ and Judicial Review | Karnataka HC (2023)

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WP No. 77057 of 2013

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 77057/2013 (GM-KSR)

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BETWEEN:

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VISHVA BHARAT SEVA SAMITI, BELGAUM, ALWAN GALLI, SHAHAPUR, BELGAUM, BY ITS PRESIDENT MRS. MANGAL ARUN NANDIHALLI.

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VISHVA BHARAT SEVA SAMITI, BELGAUM, ALWAN GALLI, SHAHAPUR, BELGAUM, BY ITS SECRETARY MR. PRAKASH PARASHURAM NANDIHALLI.

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PETITIONERS

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(BY SRI. SANJAY S. KATAGERI, ADVOCATE)

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AND:

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THE ADDITIONAL COMMISSIONER OF PUBLIC INSTRUCTIONS DEPARTMENT, DHARWAD.

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CHANDRASHEKAR LAXMAN KATTIMANI

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Date: 2023.02.07 11:56:24 +0530

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VIJAY PARASHURAM NANDIHALLI , AGE: 54 YEARS, OCC: BUSINESS, R/O. NO. 1644, ALWAN GALLI, SHAHPUR, BELGAUM.

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RESPONDENTS

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(BY SRI. PRASHANT V. MOGALI, HCGP FOR R1, SRI RAMESH N. MISALE, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED:18/03/2013 ISSUED BY THE RESPONDENT NO.1, VIDE ANNEXURE-J & ETC.

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THIS WRIT PETITIONAPPEAL COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 77057 of 2013

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ORDER

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In this writ petition, the petitioners have sought for the

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following reliefs.

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1. Issue a writ of certiorari quashing the endorsement dated 18.03.2023 issued by respondent No.1 vide Annexure-J;

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2. Issue a writ of mandamus directing the respondent No.1 to treat and accept the petitioner-Society as the duty constituted body entrusted with the management and affairs of the educational institutions detailed in Annexure-C dated nil.

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I have heard learned counsel for the petitioners and the learned counsel for respective respondents and perused the material on record.

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A perusal of the material on record will indicate that several contentious issues and disputed/ complicated questions of law would arise for consideration between the petitioner and the respondent No.2 in the pending suits before the competent Civil Court in O.S. No. 546/2013 filed by the petitioner and O.S. No. 1178/2013 filed by the respondent No.2 representing Vishwa Bharat Seva Samiti-Trust on the file of the Addl. Civil Judge (Jr. Dn.), Belgaum. It is an undisputed fact that both the aforesaid suits have been clubbed and consolidated and the competent Civil Court is seized of the matter. Under these circumstances, though several

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WP No. 77057 of 2013

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contentions have been urged by both sides in support of their respective claim in the present writ petition as well as in the said suits, without expressing any opinion on the merit/ demerit of the rival contentions, I deem it just and proper to dispose of this writ petition relegating the parties to resolve their disputes before the competent Civil Court in O.S. No. 546/2013 and O.S. No. 1178/2013. Ordered accordingly.

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It is further directed that the Civil Court before whom O.S. No. 546/2013 and O.S. No. 1178/2013 are pending, shall dispose of the suits in accordance with law without reference to or being influenced by the impugned endorsement at Annexure-J dated 18.03.2013.

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Subject to the aforesaid directions and leaving open all rival contentions to be decided by the competent Civil Court in O.S. No. 546/2013 and O.S. No. 1178/2013, the petition stands disposed off.

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In view of disposal of the writ petition, all pending IAs also stand disposed off.

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SD JUDGE

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BVV / List No.: 1 Sl No.: 53

Vishva Bharat Seva Samiti, v. the Additional Commissioner of Public Instructions

Case brief

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Vishva Bharat Seva Samiti, v. the Additional Commissioner of Public Instructions

Case brief

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