Karnataka High Court
Raichur Vikasa Parishad vs State Of Karnataka on 16 July, 2018
Equivalent citations: AIRONLINE 2018 KAR 168
Bench: Chief Justice, R Devdas
1
W.P.No.19753/2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16th DAY OF JULY, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE R.DEVDAS
WRIT PETITION NO.19753/2013 (GM-RES-PIL)
BETWEEN:
RAICHUR VIKASA PARISHAD
REPRESENTED BY ITS PRESIDENT
MR.RAVINDRA JALDAR
# 08, CMC COMPLEX
TIPPU SULTAN ROAD
RAICHUR-584 101
(KARNATAKA)
... PETITIONER
(BY SRI C S DWARAKANATH, ADVOCATE [ABSENT])
AND:
1. STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
ENERGY DEPARTMENT
DR.AMBEDKAR VEEDHI
VIDHANA SOUDHA
BANGALORE
2. PRINCIPAL SECRETARY
EDUCATION DEPARTMENT
GOVERNMENT OF KARNATAKA
M S BUILDING, BANGALORE
2
W.P.No.19753/2013
3. THE KARNATAKA POWER
CORPORATION LTD.,
REPRESENTED BY ITS
MANAGING DIRECTOR
NO.82, SHAKTHI BHAVAN
RACE COURSE ROAD
BANGALORE-01
4. EXECUTIVE DIRECTOR (T)
RTPS SHAKTHI NAGAR
RAICHUR
5. DAV COLLEGE TRUST &
MANAGEMENT SOCIETY
REP BY ITS GENERAL SECRETARY
CHITRAGUPTA ROAD
NEW DELHI-55
(IMPLEADED V/O DT. 16.07.2018)
... RESPONDENTS
(BY SRI VIKRAM HUILGOL, HCGP FOR R-1 & 2;
SRI AJAY J NANDALIKE, ADVOCATE FOR R-3 & 4;
SRI UDAYA FOR SRI H C SHIVARAMU, ADVOCATE
FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO SET ASIDE THE MEMORANDUM OF UNDERSTANDING
DATED 25.06.2009 EXCEPT BY INVITING TENDERS FROM
PUBLIC AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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W.P.No.19753/2013
ORDER
None present for the petitioner.
Perusal of the record makes out that nobody had appeared for the petitioner on several previous occasions, including the hearings on 02.06.2017, 27.03.2018 and 27.06.2018. However, in the interest of justice, the matter was adjourned.
For nobody having appeared for the petitioner today also and for consecutive defaults, it appears that the petitioner has lost interest in prosecuting this petition. Even otherwise, having perused the record, we find no reason to continue with this petition any further.
The application -I.A.No.2/2014 for impleading is allowed and the applicant is ordered to be joined as the respondent No.5 to this petition.
In this petition, filed as a public interest litigation, the petitioner seeks to question the steps taken by the respondent No.3-Karnataka Power Corporation Limited to handover the management and functioning of the school viz., RTPS, 4 W.P.No.19753/2013 essentially meant for the children and wards of their employees, to the respondent No.5 -DAV College Trust and Management Society.
Managing the affairs of an educational institution set up essentially for the benefit of the children and wards of their employees is a matter to be considered and decided by the respondent No.3; and in the present matter, we are unable to find any case of illegality or infirmity, where such decision to handover the school to DAV College Trust and Management Society was taken after due consideration of all the relevant factors, including financial implications.
It has also been pointed out that the management of the school by the respondent No.5, as per the terms of memorandum of understanding with the respondent No.3, is continuing since the academic year 2009-10 at Raichur.
For the facts and circumstances noticed hereinabove, we are unable to find any reason to consider interference, particularly when no public cause is being served by this petition.
5W.P.No.19753/2013
In view of the above, the proceedings herein stand closed.
The petition stands disposed of.
The pending Interlocutory Application also stands disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv