IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 31st day of July, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR WRIT PETITION No.34921 OF 2016 (KLR-LG) PIL BETWEEN:
SRI.D.K.KRISHNA S/O LATE SRI KENCHEGOWDA AGED ABOUT 51 YEARS DODDAARASINAKERE VILLAGE & POST, C.A.KERE HOBLI MADDUR TALUK MANDYA DISTRICT ...PETITIONER (BY SHRI.K.N.PHANINDRA, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING Dr.AMBEDKAR ROAD BANGALORE-560 001 2. THE REGIONAL COMMISSIONER MYSORE DIVISION MYSORE-571 401 3. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571 401 4. THE ASSISTANT COMMISSIONER MANDYA SUB-DIVISION MANDYA-571 401 5. THE TAHSILDAR MADDUR TALUK MANDYA DISTRICT-571 401 6. BHARATHI EDUCATION TRUST REPRESENTED BY ITS SECRETARY BHARATHI NAGAR, K.M.DODDI-571 422 MANDYA DISTRICT 7. SRI.MADEGOWDA PRESIDENT, BHARATHI EDUCATION TRUST BHARATHI NAGAR K.M.DODDI-571 422 MANDYA DISTRICT …RESPONDENTS (BY SHRI.R.DEVDAS, PRINCIPAL GOVERNMENT ADVOCATE FOR RESPONDENT Nos.1 TO 5;
SHRI.H.C.SHIVARAMU, ADVOCATE FOR RESPONDENT No.6; SHRI.PUTHIGE R.RAMESH, ADVOCATE FOR RESPONDENT No.7) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SETTING ASIDE THE ORDER DTD:27.3.2014 PASSED BY THE R-1 VIDE ANNEXURE-A AND DIRECT THE R-1 TO CONSIDER THE ENQUIRY REPORT DTD:15.7.2013 SUBMITTED BY THE R-2 VIDE ANNEXURE-H BY GRANTING AN APPORTUNITY OF HEARING TO THE PETITIONER AND PASS APPROPRIATE ORDERS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:-
O R D E R This is a public interest litigation complaining that the respondent No.6, that is, Bharathi Education Trust, has violated the grant conditions made in its favour in the year 1962 for educational purpose.
2. The Principal Secretary, Department of Revenue, Government of Karnataka, upon perusal of the materials, came to the conclusion that there was no evidence to show that the said Trust had violated the conditions of the grant. Such findings of fact are not open to challenge in a writ petition.
3. The writ petition stands dismissed.
4. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE Yn.