Niraj Shanthakumar Vs State of Karnataka

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS, TO ENSURE THAT THE LIST OF THE ENTIRE GOVERNMENT EDUCATIONAL INSTITUTIONS PROPERTIES INCLUDING REVENUE DOCUMENTS BE INDEXED AND CATALOGUED AND DISPLAYED ON THE WEBSITE AS PER CIRCULAR PROVIDED VIDE LETTER DATED 21.6.24. ANNNEXURE-C, WITHIN A LIMITED TIME FRAME, SO AS TO ENSURE ANY PERSON CAN REPORT OF ENCROACHMENT OR LAND GRAB INSTANCES TO THE APPROPRIATE AUTHORITIES OR COURT OF LAW., AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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3 -

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NC: 2026:KHC:14987 WP No. 20618 of 2024

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HC-KAR

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ORAL ORDER

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The captioned petition is filed seeking the following reliefs:

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"A. Issue a writ of mandamus to the Respondents, to ensure that the list of the entire government educational institutions properties including revenue documents be indexed and catalogued and displayed on the website as per circular provided vide letter Dated 21/06/2024 No. ಎ.�.ಎಂ.-2(1) �ಾ.�ೆ.ಅ.�ಾಂ. �ೆಂ-

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01/2024-25 Annexure-C, within a limited time frame, so as to ensure any person can report of encroachment or land grab instances to the appropriate authorities or Court of law.

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B. Issue a writ of Mandamus to the Respondents, to initiate legal proceedings against the vested interests who have demolished the school, and the officials who have not ensured the due process of law is initiated against those who have destroyed public property.

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C. Issue a writ of mandamus to the Respondents, to ensure that the required sanctions from the appropriate authorities for sanction- like permission to run the school from Deputy Director of Public Instruction, Water, Sewage, Electricity connections, Building sanction plan from appropriate authorities required of the functioning of the educational institutions are displayed on the website.

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D. Issue a writ of mandamus to the Respondents, to ensure that the officials are given training as to the procedure to be followed upon the receipt of any legal notice. This is sought as the authorities at the higher level are also not aware that they have to follow the procedure as laid in Karnataka Government Conduct of Litigation Rules 1985. Also the receipt of the legal notices received and action taken to be indexed and catalogued and statistics of the same be displayed on the website.

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E. Issue a writ of mandamus to the Respondents, to ensure that the all the staff in the educational departments are trained in

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4 - NC: 2026:KHC:14987 WP No. 20618 of 2024

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HC-KAR

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the Right to Information Act 2005. The display of all the Public Information Officer and First Appellate Authority be on website with also details of the applications received and disposed, First appeals received and disposed and second appeals preferred and pending/disposed statistics be displayed on the website

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F. Grant any other writ, order or direction as this Hon'ble High Court deems fit in the facts and circumstances of the case, in the interest of Justice and equity."

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On a careful reading of the reliefs sought in the

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captioned petition, this Court finds that the prayers extracted in clauses (A) to (E) are not founded on any personal or individual grievance of the petitioner. The petitioner seeks wide-ranging directions to the respondents to catalogue and publish details of all government educational institution properties and sanctions on their websites, to initiate action against persons alleged to have demolished a school, and further to ensure training of officials in matters relating to legal notices and the Right to Information Act. These prayers are clearly general in nature and seek systemic directions concerning the functioning of the educational department and its officials.

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5 - NC: 2026:KHC:14987 WP No. 20618 of 2024

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HC-KAR

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Even if the averments in the writ petition are

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accepted at face value, the petitioner has not demonstrated any personal legal injury or infringement of a legally enforceable right. The reliefs sought are, in substance, in the nature of public interest litigation, which cannot be entertained in the present form as an ordinary writ petition.

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The Court is increasingly noticing a tendency to

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invoke the writ jurisdiction of this Court by seeking sweeping and untenable directions without establishing locus or personal grievance. Therefore, while refraining from imposing costs, this Court deems it appropriate to issue a stern warning to the petitioner, and the captioned writ petition is accordingly dismissed as an abuse of the

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process of this Court.

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Sd/(SACHIN SHANKAR MAGADUM) JUDGE

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HDK/List No.: 1 Sl No.: 2

Niraj Shanthakumar v. State of Karnataka

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Niraj Shanthakumar v. State of Karnataka

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