IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.50053/2019 (EDN – RES) BETWEEN :
GMM HIGH SCHOOL HOSUR VILLAGE, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT - 577204 REP BY PRESIDENT SRI RAJAPUTRAIAH S.B., S/O SHANKARAIAH AGED ABOUT 52 YEARS OF JOSTHNA EDUCATION SOCIETY (REGD.) ...PETITIONER (BY SRI R.P.SOMASHEKHARAIAH, ADV.) AND :
1 . THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY EDUCATION DEPARTMENT PRIMARY AND SECONDARY EDUCATION M.S.BUILDING, BENGALURU-560001 2 . COMMISSIONER FOR PUBLIC INSTRUCTION NEW PUBLIC OFFICE, NRUPATHUNGA ROAD, BENGALURU - 560001 3 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (ADMINISTRATION ) SHIVAMOGGA - 577204 SHIVAMOGGA TALUK & DISTRICT 4 . BLOCK EDUCATION OFFICER SHIKARIPURA, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577427 5 . THE DIRECTOR KARNTAKA SECONDARY EDUCATION EXAMINATION BOARD MALLESHWARAM BENGALURU – 560003 …RESPONDENTS (BY SMT.PRMODINI KISHAN, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO DISPOSE OF THE APPEAL No.49/2018 UNDER ANNEXURE-J FOR SHIFTING OF THE SCHOOL FROM HARIHARA TOWN, HARIHARA TALUK, DAVANAGERE DISTRICT BY CONSIDERING TO 3 MEN COMMITTEE REPORT DATED 16.05.2016 UNDER ANNEXURE-G AS PER THE ORDER PASSED BY THE HON’BLE COURT IN W.P.NO.29071/2019 DATED 31.07.2019 UNDER ANNEXURE-R RESPECTIVELY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This is the third round of litigation inasmuch as the grievance of the petitioner seeking permission for shifting of the school from Harihara Town to Hosur village, Shivamogga.
2. It is the grievance of the petitioner that despite the direction issued by this court in W.P.Nos.29071/19 and 29728/2019, no decision has been taken by the respondent No.1.
3. The question, whether the petitioner is entitled for shifting of the school from Harihara Town to Hosur village, Shivamogga District, certainly requires to be answered by the respondent No.1 in the pending Appeal No.49/18. This Court in W.P.Nos.29071/19 and 29728/2019 vide order dated 31.7.2019 has directed the respondent No.1 to decide the said question within six weeks. The same not being complied with, the petitioner is before this Court.
4. Hence, the 1st respondent is directed to dispose of the appeal No.49/18 in accordance with law keeping in mind the directions issued by this Court in W.P.Nos.29071/19 and 29728/19 dated 31.7.2019 in an expedite manner, in any event, not later than two weeks from the date of the receipt of the certified copy of the order.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE Dvr: