IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026 BEFORE THE HON’BLE MR.JUSTICE R. DEVDAS WRIT PETITON NO.38370 OF 2025(KLR-RES)

BETWEEN SRI. K. R. RAJESH AGED ABOUT 43 YEARS PRESIDENT OF THE SCHOOL DEVELOPMENT AND MONITORING COMMITTEE OF GOVERNMENT HIGHER PRIMARY SCHOOL, HEGGALA R/A: RAMANAGARA, BETOLI VILLAGE, KODAGU-571 218.

...PETITIONER (BY SRI. AJAY J NANDALIKE., ADVOCATE)

AND

1 . STATE OF KARNATAKA THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU- 560 001.

2 . THE DEPUTY COMMISSIONER KODAGU DISTRICT, ROOM NO.24, 3^RD FLOOR, NEW DEPUTY COMMISSIONER BUILDING, MADIKERI, KODAGU-571201.

3 . THE ASSISTANT COMMISSIONER, KODAGU DISTRICT, AC OFFICE, DC OFFICE COMPLEX, 2^ND FLOOR, MADIKERI, KODAGU- 571201.

4 . THE TAHSILDAR, VIRAJPET TALUK, TALUK OFFICE, VIRAJPET TALUK, VIRAJPET, KODAGU, KARNATAKA – 571218.

5 . THE PANCHAYAT DEVELOPMENT OFFICER, BETOLI GRAM PANCHAYAT, VIRAJPET, KODAGU-571218.

…RESPONDENTS (BY SRI. V.SESHU, HCGP FOR R1 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE ORDER DATED 05.03.2025 IN SO FAR AS IT RELATES TO OR PERMITS THE TRANSFER AND USE OF LAND WITHIN OR APPURTENANT TO THE GOVERNMENT HIGHER PRIMARY SCHOOL, HEGGALA, KODAGU, FOR CONSTRUCTION OF A SAMUDAYA BHAVANA VIDE ANNEXURE-B AND ETC. THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 04.02.2026 AND COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, THIS COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE R DEVDAS

CAV ORDER

(PER: HON'BLE MR JUSTICE R DEVDAS)

This writ petition is filed by the President of the School Development and Monitoring Committee (for short, hereinafter referred to as ‘SDMC’) of the Government Higher Primary School, Heggala, Betoli Village, Kodagu District, questioning the impugned order at Annexure-B dated 05.03.2025, issued by the respondent-Deputy Commissioner, Kodagu District.

2. In the impugned order, the Deputy Commissioner has reserved 30 Cents of land out of 19.04 Acres in Sy.No.320/1P3, situated at Betoli village, for putting up a Samudaya Bhavana (Community Hall), at the hands of the Grama Panchayat, Betoli.

3. It is the contention of the petitioner that the land in question belong to the Government Higher Primary School and therefore, the Deputy Commissioner could not have granted 30 Cents of land, without following due process of law.

4. When the matter had come up for preliminary hearing, the learned High Court Government Pleader, appearing for the respondent-State and its authorities raised a preliminary objection that the petitioner has no locus standi to question the impugned order passed by the Deputy Commissioner. It was contended that if at all any authority could question the impugned order, it is the Principal of the school. Moreover, the petitioner has instituted a suit in O.S.No.83/2025 on the file of learned Civil Judge and JMFC at Virajpet, seeking permanent injunction to restrain the defendants’ authority from interfering with the peaceful possession of the lands belonging to the school. Subsequently, along with a memo dated 04.02.2026, the learned High Court Government Pleader submitted a communication dated 27.01.2026 made by the Tahsidlar, Virajpet Taluk, along with a survey sketch. Having regard to the survey sketch and the mahazar, learned High Court Government Pleader submitted that in terms of the RTC, the school has 3 Acres in Sy.No.320/8P1, 3 Acres in Sy.No.320/8P2 and 1 Acre 30 Cents in Sy.No.320/7, in all 7 Acres 30 Cents. The 30 Cents now earmarked for the Community Hall does not belong to the school. It is stated in the report that out of 7.30 Acres, belonging to the school, 20 Cents have been utilized for construction of a temple and another 40 Cents are used for formation of a concrete road. The place selected for construction of the Community Hall is at a distance of 20 meters away from the school building. No part of the play ground belonging to the school is used for the const