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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF DECEMBER, 2021

BEFORE

THE HON9BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO.57867 OF 2015 (GM - RES)

BETWEEN:

1.

NAGAMANGALA TALUK

SAKARI PRATHAMIKA

SHALA SHIKSHAKARA BHAVANA SAMITHI,

NO.2690/2459, B M ROAD,

NAGAMANAGALA TOWN,

MANDYA DISTRICT.

REPRESENTED BY ITS PRESIDENT.

2.

DASTAGIR KHAN,

S/O GAFUR KHAN,

AGED ABOUT 51 YEARS,

ASSISTANT TEACHER,

GOVT. HIGHER PRIMARY SCHOOL,

KANTHAPURA, NAGMANGALA TALUK,

MANDYA DISTRICT - 577 521.

3.

D. B. NARASIMHAMURTHY,

S/O BOREGOWDA,

AGED ABOUT 44 YEARS,

ASSISTANT TEACHER ,

GOVT. LOWER PRIMARY SCHOOL,

K. MALENAHALLI,

NAGMANAGALA TALUK,

MANDYA DISTRICT - 577 651.

4.

RANGANATH K.,

S/O KAVATIGOWDA,

AGED ABOUT 51 YEARS,

GOVT. LOWER PRIMARY SCHOOL,

ANKUSHAPURA,

NAGMANAGALA TALUK,

MANDYA DISTRICT.

5.

K. PUTTARAJU,

S/O KRISHNAN,

AGED ABOUT

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BLOCK RESOURCE PERSON,

BLOCK RESOURCE CENTER,

NAGMANAGALA TALUK,

MANDYA.

&PETITIONERS

(BY SRI.VARUN JAYKUMAR PATIL, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA,

DEPARTMENT OF PRIMARY AND

SECONDARY EDUCATION,

M S BUILDING,

BANGALORE - 560 01

REPRESENTED BY ITS

PRINCIPAL SECRETARY.

2.

THE COMMISSIONER OF

PUBLIC INSTRUCTION,

DEPARTMENT OF PUBLIC INSTRUCTION,

NRUPATHUNGA ROAD,

BANGALORE - 560 001.

3.

DEPUTY DIRECTOR OF PUBLIC INSTRUCTION,

MANDYA DISTRICT,

MANDYA - 577 521.

4.

BLOCK EDUCATION OFFICER,

PUBLIC EDUCATION DEPARTMENT,

NAGAMANGALA TALUK - 577 651.

&RESPONDENTS

(BY SRI.SHRIDHAR HEGDE, HCGP FOR R1 - R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

ORDER DATED 4.12.2015 PASSED BY R-2 VIDE ANNEXURE - J;

QUASH THE ORDER PASSED BY R-4 VIDE ANNEXURE - K

DATED 4.12.2015 AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

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ORDER

The petitioners happen to be an Association of

Government Teachers registered under the provisions of the

Karnataka Societies Registration Act, 1960. They are

knocking at the doors of Writ Court for assailing the order

dated 14.12.2015 issued by the respondent-Block Education

Officer interalia providing for holding of an enquiry into

certain

allegations

of

misappropriation

of

funds

of

association & mismanagement of the affairs by certain office

bearers.

2.

After service of notice, respondents having entered

appearance the learned HCGP, have filed the Statement of

Objections on 02.01.2018, resisting the writ petition; learned

HCGP vehemently make submission in justification of the

impugned order and the reasons on which it has been

constructed.

3.

Having heard the learned counsel for the parties

and having perused the petition papers, this Court is inclined

to grant indulgence in the matter as under and for the

following reasons:

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a)

the impugned order dated 14.12.2015 was stayed

by a Co-Ordinate Bench of this Court vide order dated

06.12.2015; since then, much water has flowed under the

bridges and periodic elections having been held new

Committees have been constituted; it is not the case of

respondents that even the members of new Committees too

have committed any irregularities; the course of events

appears to be peaceful & in accordance with law.

b)

A Co-ordinate Bench of this Court vide order

dated 11.11.2019 has observed as under:

"The Primary School Teachers have contributed

money

to

build

a

Shikshaka

Bhavana

in

Nagamangala Taluk, on the land allotted by the

Government. Initially, the Block Education Officer

was made as a President to the Society. He

withdrew his consent in view of Circular dated

11.09.2014. Now the State Government desires to

take over the building.

In view of the admitted facts that the building has

been constructed by contribution of primary school

teacher, it would be appropriate for the Government

to allow the petition