IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.6671 OF 2019 (EDN-RES)-PIL BETWEEN:
1. SCHOOL DEVELOPMENT AND MANAGEMENT COMMITTEE, GOVERNMENT OF KARNATAKA HIGHER PRIMARY SCHOOL, NEERKERE, MOODABIDRI – 574 227. REPRESENTED BY ITS PRESIDENT, SHASHIKANTH SHETTIGAR, S/O BHASKAR SHETTIGAR, AGED ABOUT 45 YEARS.
2. SRINIVASA, S/O JANAPPA GOWDA, AGED ABOUT 52 YEARS, RESIDING AT TENKAMIJAR VILLAGE, NEERKERE ASHWATHAPURA POST, MOODABIDRI TALUK, DAKSHINA KANNADA – 574 227.
3. SADASHIVA, S/O DEVAPPA GOWDA, AGED ABOUT 45 YEARS, RESIDING AT TENKAMIJAR VILLAGE, NEERKERE ASHWATHAPURA POST, MOODABIDRI TALUK, DAKSHINA KANNADA – 574 227.
4. RAJESHWARI, W/O CHANDRASHEKAR, AGED ABOUT 35 YEARS, RESIDING AT TENKAMIJAR VILLAGE, MOODABIDRI TALUK, DAKSHINA KANNADA – 574 227.
5. HEMAVATHI, W/O KARUNAKARA, AGED ABOUT 30 YEARS, RESIDING AT TENKAMIJAR VILLAGE, MOODABIDRI TALUK, DAKSHINA KANNADA – 574 227.
... PETITIONERS (BY SRI. ANISH ACHARYA, ADV.,) AND 1. STATE OF KARNATAKA, REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT, DR.B.R.AMBEDKAR VEEDI, VIDHANA SOUDHA, BANGALORE – 560 001.
2. STATE OF KARNATAKA, REPRESENTED BY SECRETARY, DEPARTMENT OF PUBLIC INSTRUCTIONS, DR.B.R.AMBEDKAR VEEDI, VIDHANA SOUDHA, BANGALORE – 560 001.
3. DEPUTY COMMISSIONER, DAKSHINA KANNADA, MANGALORE – 575 001.
4. TAHASILDAR, MOODABIDRI, DAKSHINA KANNADA – 574 227.
5. BLOCK EDUCATION OFFICER, MOODABIDRI ZONE, MOODABIDRI – 574 227.
6. JOINT DIRECTOR, SARVAJANIKA SHIKSHANA ILAKE, MOODABIDRI ZONE, MOODABIDRI – 574 227.
7. EXECUTIVE ENGINEER, DKPR ENGINEERING DIVISION, MANGALORE – 575 001.
8. CHIEF EXECUTIVE OFFICER, DAKSHINA KANNADA JILLA PANCHAYATH, MANGALORE TALUK – 575 001.
9. NEERKERE GOVERNMENT HIGH SCHOOL, TENKAMIJAR VILLAGE, MOODABIDRI TALUK, DAKSHINA KANNADA – 574 227. REPRESENTED BY ITS HEADMASTER.
... RESPONDENTS (BY SRI.D.NAGARAJ, AGA) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS MADE BY THE PETITIONERS AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER This petition by the School Development and Managing Committee, Government of Karnataka Higher Primary School and some of its members of Neerkere, Moodabidri, is presented in public interest, contending, inter alia, that the State Government had allotted separate two pieces of lands for construction of primary school and high school buildings and separate budget allotments were also made. The grievance of the writ petitioners is that in the land earmarked for primary school an additional construction is put up to house the high school.
2. Mr. Anish Acharya, learned Advocate for petitioners submits that since there is separate lands and budgetary allocations have been made, the respondents are not utilizing the same, but putting up the construction only in the land meant for primary school to use it for high school building, which is contrary to the conditions laid down in the land grant order dated 26.07.2007.
3. Mr. D.Nagaraj, learned AGA submits that in the land allotted to the primary school three rooms were already constructed and used for high school. Due to shortage of space one more room is being constructed. The photographs produced along with the writ petition shows that construction in progress. Further, the learned AGA on instructions submits that construction is almost complete.
4. In any event both the lands belong to the Government and budgetary allocation is also made by the Government. It is the matter of administrative convenience, as to on which land the construction is to be made and how budgetary allocations has to be used.
5. In the circumstance, we see no public interest in this petition. Accordingly, we dismiss the writ petition.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK