The Citizen Educational Charitable Trust Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

The Citizen Educational Charitable Trust Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:21870-DB WA No. 1421 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JUNE, 2025

PRESENT

THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE

AND

THE HON'BLE MR JUSTICE C M JOSHI WRIT APPEAL NO. 1421 OF 2024 (S-RES)

BETWEEN:

THE CITIZEN EDUCATIONAL CHARITABLE TRUST, 3^RD CROSS, 3^RD MAIN, JC EXTENSION, NEAR AMBEDKAR PARK,

HARIHARA-577 601. DAVANAGERE DISTRICT. REP. BY ITS PRESIDENT SRI. H. SHIVAPPA, S/O HANUMANTHAPPA, AGED ABOUT 72 YEARS, REGISTERED UNDER THE INDIAN TRUST ACT 1882.

Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA

THE SECRETARY, CITIZEN EDUCATIONAL CHARITABLE TRUST, 3^RD CROSS, 3^RD MAIN, JC EXTENSION, NEAR AMBEDKAR PARK, HARIHARA-577 601. DAVANAGERE DISTRICT.

THE HEADMASTER, CAMBRIDGE CONVENT KANNADA HIGHER PRIMARY SCHOOL, INDIRANAGAR, NEAR AMBEDKAR PARK, HARIHARA-577 601, DAVANAGERE DISTRICT.

…APPELLANTS

(BY SRI V B SIDDARAMAIAH, ADVOCATE)

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NC: 2025:KHC:21870-DB WA No. 1421 of 2024

HC-KAR

AND:

THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY SECONDARY EDUCATION, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDI, BENGALURU-560 001.

THE DIRECTOR (PRIMARY EDUCATION) AND APPELLATE AUTHORITY, DEPARTMENT OF PUBLIC INSTRUCTIONS, OFFICE OF THE COMMISSIONER, NRUPAUNGA ROAD, BENGALURU-560 001.

THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT OF PUBLIC INSTRUCTIONS, DAVANAGERE DISTRICT, DAVANAGERE-577 001.

THE BLOCK EDUCAITON OFFICER, HARIHAR TALUK-577 001, DAVANAGERE DISTRICT.

SMT. KALPANA K.S, W/O CHANDRAPPA, AGED ABOUT 41 YEARS, WORKING AS ASST. TEACHER, CAMBRIDGE CONVENT KANNADA HIGHER PRIMARY SCHOOL, INDIRANAGAR, NEAR AMBEDKAR PARK, HARIHARA-577 601. DAVANAGERE DISTRICT.

R/AT AISHWARYA NILAYA, 2^ND CROSS, 3^RD MAIN, NEELAKANTA NAGARA, HARIHARA-577 601, DAVANAGERE DISTRICT.

…RESPONDENTS (BY SRI K.S HARISH, GA FOR R-1 TO 4; SRI G.M CHANDRASHEKAR, ADVOCATE FOR R-5)

3 - NC: 2025:KHC:21870-DB WA No. 1421 of 2024

HC-KAR

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 01.07.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No-14759/2023 AND BE PLEASED TO ALLOW THE WP No-14759/2023 IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI

ORAL JUDGMENT

(PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE)

Learned counsel for the appellants has drawn our

attention to memos dated 22.01.2025 and 07.04.2025 filed for withdrawal of the appeal. Both the memos read as under:

Memo dated 07.04.2025:

"The appellant submits that the dispute between the appellant and the Respondent No.5 has been settled amicably. On 16.01.2025, the Respondent No.5 has also withdrawn contempt case, in CCC No.793/2023. The Respondent No.5 is working in the appellant's institution.

On 21.01.2025 memo for withdrawal was filed. The same is appears in the Court Website at Sl.No.3, in the

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NC: 2025:KHC:21870-DB WA No. 1421 of 2024

HC-KAR

heading of documents filed. Copy of the Court Website, copy of the acknowledgment dated 21.01.2025 taken on presentation form, coy of the memo is furnished herewith, for kind perusal of this Hon'ble Court.

Wherefore, the appellant's prays to dismiss the above appeal as withdrawn, in the interest of justice and equity."

Memo dated 22.01.2025:

"The appellant submits that the dispute between the appellant and the Respondent No.5 has been settled amicably. On 16.01.2025, the Respondent No.5 has also withdrawn contempt case, in CCC No.793/2023. The Respondent No.5 is working in the appellant's institution. Wherefore, the appellant's prays to dismiss the above appeal as withdrawn, in the interest of justice and equity."

The counsel reiterates the prayer for

withdrawing the writ appeal. Hence, the writ appeal is

dismissed as withdrawn.

Sd/(V KAMESWAR RAO) ACTING CHIEF JUSTICE

Sd/(C M JOSHI) JUDGE

NR/-

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