The High Court dismissed a writ petition challenging the refusal of permission to run an English Medium school. The Court held that an application for land grant pending for 30 years does not confer any right, title, or interest in the land, and thus cannot be a ground to direct the grant of school permission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8995 OF 2022 (EDN-REG)
BETWEEN:
SRI. SHAMBULINGESHWARA EDUCATIONAL TRUST ®, JAYANTHINAGARA, K.R. PETE ROAD, PANDAVAPURA TALUK, MANDYA DISTRICT-571 427, REPRESENTED BY ITS SECRETARY SRI. M. PANCHALINGEGOWDA S/O LATE MAYANNEGOWDA, AGED ABOUT 64 YEARS.
…PETITIONER
(BY SRI. S.P. RAMESHA, ADVOCATE)
AND:
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:51985 WP No. 8995 of 2022
…RESPONDENTS
(BY SMT. PRATHIBHA R.K., AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF THE R-2 PERTAINING TO THE IMPUGNED ORDER DATED.8.3.2022 PASSED BY R-2 IN R.P.NO.48/2021 AT ANNEXURE-K AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
NC: 2024:KHC:51985 WP No. 8995 of 2022
ORAL ORDER
following reliefs:
"a) CALL for the records on the file of the Second Respondent pertaining to the impugned Order dated: 08-03-2022 passed by Second Respondent in Revision Petition No.48/2021 at Annexure-K.
b) Issue a Writ in the nature of Certiorari or any other appropriate Writ or direction by quashing the impugned Order dated: 08-032022 passed by Second Respondent in Revision Petition No.48/2021 at Annexure-K to the Writ Petition and consequently allow the Revision Petition No.48/2021 filed by the Petitioner under the facts and circumstances of the case.
c) Issue a Writ in the nature of Mandamus or any other appropriate Writ or direction to the Respondents to grant permission to the Petitioner start/run the English Medium Classes from 1st Standard to 8th Standard from the academic year 2021-2022 under the facts and circumstances of the case;
d) ISSUE any appropriate Writ, Order/s or directions as this Hon'ble Court may deems fit to grant such further reliefs by considering the facts and circumstances of this case and order as costs to meet the ends of justice."
NC: 2024:KHC:51985 WP No. 8995 of 2022
challenging the same, the petitioner is before this Court.
be considered. The above writ petition is filed challenging the refusal of the application filed by the petitioner for starting a school on the ground that the petitioner has no interest in the aforesaid land. Merely, because an application is pending for grant of land made by the petitioner in the year 1993, the same cannot be a ground to direct respondent No.5 to grant permission to run the school. If at all, the petitioner is aggrieved by the pendency of the application dated 27.12.1993, it is for the petitioner to avail of remedies in relation thereto. Until and unless there is a grant made in favour of the petitioner, the petitioner cannot claim for a right to establish a school over a land, which does not belong to the petitioner or not granted to the petitioner.
NC: 2024:KHC:51985 WP No. 8995 of 2022
ORDER
SD/(SURAJ GOVINDARAJ) JUDGE
PHM
List No.: 1 Sl No.: 1
1 issue framed by the court
Can a petitioner seeking permission to run a school claim a right to establish the school on land solely based on a pending application for land grant?
2 provisions across 2 enactments
Sri. Shambungeshwara Educational Trust @, represented by its Secretary Sri. M. Panchalingegowda
The State of Karnataka Department of Primary and Secondary Education
The Appellate Authority, Department of Primary and Secondary Education
The Commissioner, Department of Public Instructions
The Director (Primary and Secondary Education), Department of Public Instructions
The Deputy Director of Public Instructions, Department of Public Instructions, Mandya District
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
