Shri Raghavendra Education Trust v. Smt.V.Rashmi Mahesh

ORDER

i. The writ petition is partly allowed.

ii. The reliefs sought are modulated in the interest of justice.

iii. The petitioner is permitted to submit a fresh application seeking permission for shifting and recognition of the school at Mishrikoti Village, Kalghatgi Taluk, Dharwad District, under the applicable law, accompanied by all relevant documents.

iv. The said application shall be submitted within a period of four weeks from the date of receipt of a copy of this order.

v. Upon such submission, respondent No. 2 is directed to consider the application and pass appropriate orders within four weeks from the date of receipt of the application, in accordance with law.

vi. Until such time, the running of the school at Mishrikoti Village shall not be interfered with, to avoid disruption to students currently studying there.

vii. Needless to say, if no such application is submitted within the stipulated period, the respondent authorities shall be at liberty to proceed in accordance with law, including the directions issued in Annexures–H and K.

¶4Learned counsel for the complainant would submit that within the time granted by the learned single Judge, the complainant is said to have submitted application on

01.09.2025 seeking permission for shifting and recognition of the school at Mishrikoti Village, Kalagataki Taluk, Dharwad District, with relevant documents. However, he submits that the accused No.2, by speaking Order dated

15.10.2025(Annexure-C), rejected the request of the complainant on the ground that the complainant would not meet the criteria for shifting of the school.

¶5Learned counsel for the complainant would submit that the second respondent has not given any opportunity

while considering the application for shifting of the complainant. Moreover, he submits that the endorsement is not considered in its proper perspective. Thus, he submits that there is disobedience of the order passed by this Court and he prays for taking appropriate action against the accused persons.

¶6Learned AGA on the other hand would point out that this Court directed the accused persons to consider the application of the complainant and the application of the complainant was considered in accordance with law and it is noticed that the complainant would not meet the criteria prescribed for shifting of the Educational institution. Thus, he would pray for dismissal of the contempt petition.

¶7Having heard the learned counsel for the parties and on perusal of the entire contempt petition, we are of the considered view that the complainant has not made out any ground to issue notice in the above stated contempt petition

as we do not find any disobedience of the order under complaint.

¶8The direction in Order dated 31.07.2025 in Writ Petition No.102475/2025 is to the effect that the petitioner shall make an application seeking permission for shifting and recognition of the school at Mishrikoti Village, under the applicable law within four weeks and the respondent No.2, that is accused No.2 is directed to consider the application and pass appropriate order.

¶9Annexure-C-speaking Order dated

15.10.2025 indicates that the application of the complainant for shifting of the institution was considered and the application of the complainant is rejected solely on the ground that the complainant would not meet the required criteria for shifting of the Educational institution. The speaking order would indicate what are the requirements and what is the deficiency in terms of joint spot inspection report. On going through the speaking order we are of the considered

opinion that the accused No.2 has considered the application in accordance with law and has issued endorsement rejecting the application of the complainant for shifting the Educational institution. Thus, we are of the opinion that there is substantial compliance with the direction issued by this Court. Therefore, the contempt petition stands rejected without issuing notice to other accused.

¶10It is open for the complainant if aggrieved to challenge the same before appropriate authority/forum.

Sd/- (S G PANDIT) JUDGE

Sd/- (GEETHA K.B.) JUDGE

HMB Ct-cmu LIST NO.: 1 SL NO.: 25

NC:(2025:KHC-D:18369-DB( CCC(No.(100401(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA,AT(DHARWAD( THDATED(THIS(THE(17 (DAY(OF(DECEMBER,(2025( PRESENT( THE(HON'BLE(MR.(JUSTICE(S(G(PANDIT( (AND(( (THE(HON'BLE(MRS(JUSTICE(GEETHA(K.B.( CIVIL(CONTEMPT(PETITION(NO.(100401(OF(2025(( BETWEEN:(( ( SHRI,RAGHAVENDRA,EDUCATION,TRUST, BELUR/SINGANAHALLI,TALUKA,AND,DISTRICT:, DHARWAD, R/BY,ITS,PRESIDENT,, SHRI,BHEEMAPPA,S/O.,TIRAKAPPA,BHOOMANNAVAR, AGE:,46,YEAS,,OCC:,SOCIAL,SERVICE, R/O.,SINGANAHALLI,VILLAGE,, TALUK,AND,DISTRICT,DHARWAD., …COMPLAINANT, Digitallytisigned (BY,SRI,D.B.,KARIGAR,ADVOCATE), by0BHARATHI0H , M Location:0HIGH AND:( COURT0OF KARNATAKA ( DHARWAD BENCH 1., SMT.,V.,RASHMI,MAHESH, Date: 2025.12.19 THE,STATE,OF,KARNATAKA,,, 17:07:230+0530 REP,BY,THE,CHIEF,SECRETARY,,, DEPARTMENT,OF,SCHOOL,EDUCATION,AND, LITERACY,,, M.S.,BUILDING,,BENGALURU-01,AND,OTHERS., , 2., SHRI.,SHANMUKAYYA,S.,KELADIMATH, THE,DEPUTY,DIRECTOR,, DEPARTMENT,OF,SCHOOL,EDUCATION,AND, LITERACY,,DHARWAD-580001., NC:(2025:KHC-D:18369-DB( CCC(No.(100401(of(2025( ( , ,,HC-KAR( ( ( 3., SMT.,GAYATRIDEVI,SAJJAN, THE,BLOCK,EDUCATION,OFFICER,, DEPARTMENT,OF,EDUCATION,AND,LITERACY,,, KALAGATGI,,, DISTRICT,DHARWAD-581204., , 4., SMT.,KAVITA,YOGAPPANAVAR,, THE,SPECIAL,LAND,ACQUISITION,OFFICER,,, KARNATAKA,INDUSTRIAL,AUTHORITY,DEVELOPMENT, BOARD,,LAKAMANAHALLI,INDUSTRIAL,AREA,,, P.B.,ROAD,,DHARWAD-580004., …ACCUSED, (BY,SRI,SHARAD,V.,MAGADUM,,AGA,FOR,ACCUSED,NO.1), , , THIS,CCC,IS,FILED,UNDER,SECTIONS,11,AND,,12,OF,THE, CONTEMPT, OF, COURTS, ACT,, 1971,, R/W., ARTICLE, 215, OF, CONSTITUTION, OF, INDIA,1950,, PRAYING, , TO,, INITIATE, THE, CONTEMPT, OF, COURTS, PROCEEDINGS, AND, TO, TAKE, APPROPRIATE, ACTION, AGAINST, ALL, THE, ACCUSED, PERSONS, FOR, WILFUL, DISOBEDIENCE, OF, THE, ORDER, PASSED, BY, THE, HON'BLE, SINGLE, JUDGE,, HIGH, COURT, OF, KARNATAKA,, DHARWAD, BENCH,, DHARWAD,, IN, ITS, WP, NO.102475/2025, (EDN-REG),,DATED,31.07.2025,,IN,THE,ENDS,OF,JUSTICE,AND, THE, NECESSARY, ORDER, ALSO, PASSED, TO, SET, ASIDE, THE, IMPUGNED, ORDER, I.E., SPEAKING, ORDER,, ITS, NO.EÉ2/±Á²C/GÁ/K/LƸÀÖ/¸ÀܼÁAVÀGÀ/2025-26-2597,S DATED, 15.10.2025,, VIDE,ANNEXURE-C,,IN,THE,ENDS,OF,JUSTICE,AND,ETC.,., ,, , THIS,PETITION,,COMING,ON,FOR,PRELIMINARY,HEARING,, THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, THE,HON'BLE,MR.,JUSTICE,S,G,PANDIT, AND,, THE,HON'BLE,MRS,JUSTICE,GEETHA,K.B., ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Learned AGA accepts notice for accused No.1. 2. Heard learned counsel Sri.D.B.Karigar for complainant and learned AGA Sri.Sharad V.Magadum for accused No.1, perused the entire contempt petition papers. 3. The above contempt petition is filed under Section 11 and 12 of the Contempt of Courts Act, read with Article 215 of the Constitution of India, complaining disobedience of Order dated 31.07.2025 in Petition No.102475/2025, whereunder this Court passed the following Order: