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2022 Supreme(Kar) 536

M. NAGAPRASANNA
Good Shepherd Convent (Represented By), Sr. Mercy Abraham Superior – Appellant
Versus
State Of Karnataka, Represented By Its Principal Secretary – Respondent


Advocates Appeared:
For the Petitioner: Sri D.L.N. Rao, a/w. Sri Anirudh Anand.
For the Respondents: Sri Nithyananda K.R., Sri K.N. Puttegowda.

ORDER :

1. The petitioner is before this Court calling in question order dated 07-07-2014 by which, betterment charges/fee is demanded against him and also sought for consequential direction by issuance of writ in the nature of mandamus to grant permission for construction of proposed four floors on the existing school campus by way of an extension to the existing building, without insisting on payment of betterment charges.

2. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-

The petitioner/Good Shepherd Convent is run by Good Shepherd Society, a society registered under the Mysore Societies Registration Act, 1960 (hereinafter referred to as ‘the Society’ for short). The Society or the School was established in the year 1854 and has been rendering education, which the petitioner claims to be as a service, for all these years. The area is comprised of about 23 acres in the heart of the City where the petitioner provides facilities like education, hostel, residential care and other allied activities concerning education to students.

3. Owing to increase in number of students and necessity for creation of few more class rooms,

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