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Karnataka High Court

Sri Bimasa H Basav vs The State Of Karnataka on 2 January, 2017

Bench: Chief Justice, R.B Budihal

                                1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU


        DATED THIS THE 2ND DAY OF JANUARY, 2017

                             PRESENT

      THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
                    CHIEF JUSTICE
                              AND

         THE HON'BLE MR. JUSTICE BUDIHAL R.B.

        WRIT PETITION NO.52986 OF 2016 (LB-RES)

BETWEEN

1.    Sri. Bhimasa H Basav
      S/o Heerasa Basav
      Aged about 27 years
      Ghantikeri Oni
      Hubli-580 020.

2.    Sri Nagayya Irayya Kanvimath
      S/o Irayya Kanvimath
      Aged 29 years
      Veerapur Oni
      Hubli-580 020.

3.    Sri Maruti Narayanasa Rangarej
      S/o Narayanasa Rangarej
      Aged about 30 years
      Heggeri
      Hubi-580 020.

4.    Bharati Suraj Kabade
      S/o Suraj Kabade
                                 2




     Aged about 30 years
     Old Hubli
     Hubli-580 020.

5.   Anand Sangayya Vishwanathmath
     S/o Sangayya Vishwanathmath
     Aged about 30 years
     Veerapur Oni
     Hubli-580 020.

6.   Sri Shankar Sharanappa Madivalar
     S/o Sharanappa Madivalar
     Aged about 28 years
     Veerapur Oni
     Hubli-580 020.

7.   Sri Lohit Heerasa Basava
     S/o Heerasa Basava
     Aged about 31 years
     R/o Ghantikeri Oni
     Jolad Oni
     Hubli-580 020.

8.   Sri Suraj Ramasa Kabade
     S/o Ramasa Kabade
     Aged about 38 years
     R/o Channapet
     Old Hubli
     Hubli-580 020.

9.   Sri Basuraj Suputrappa Hadagali
     S/o Suputrappa Hadagali
     Aged about 33 years
     R/o Padagatti Oni
     Bidnal
     Hubli-580 020.
                                 3




10.   Sri Sandeep Chandrashekhar Shirsangi
      S/o Chandrashekhar Shirsangi
      Aged about 32 years
      R/o Marutinagar
      1st Cross
      Hubli-580 020.

11.   Sri Shivappa Mallappa Hirur
      S/o Mallappa Hirur
      Aged about 38 years
      R/o Anchatgeri Plot
      Bidnal Cross
      Hubli-580 020.

12.   Sri Satish Chandrashekar Shirasangi
      S/o Chandrashekar Shirasangi
      Aged about 39 years
      R/o Bidnal
      Hubli-580 020.

13.   Sri Farook Mahbusab Hanagi
      S/o Mahbusab Hanagi
      Aged about 39 years
      R/o Siddanpeth
      Hubli-580 020.                        .. PETITIONERS

(By Sri Chandrakanth R Goulay, Adv.)

AND

1.    The State of Karnataka
      By its Secretary
      Department of Education
      M.S. Building
      Bengaluru-560 001.
                                4




2.   The State of Karnataka
     By its Secretary
     Department of Municipal Administration
     Bengaluru-560 001.

3.   The Director of Public Instructions
     Office of the Commissioner of Public Instructions
     Nrupathunga Road
     Bengaluru-560 001.

4.   The Additional Commissioner of
     Public Instructions
     Dharwad-580 021.

5.   The Deputy Director of
     Public Instructions
     Dharwad-580 021.

6.   The Commissioner
     Hubballi-Dharwad Municipal
     Corporation
     Hubballi-580 020.

7.   The Block Education Officer
     Hubballi City Range
     Hubballi-580 020.

8.   The Deputy Director of
     Public Instructions
     Hubballi-Dharwad
     Hubballi-580 020.

9.   Sri Durga Devi Panch Trust Committee
     Dajibanpeth
     Hubballi
     District Dharwad-580 020.
     Represented by its Chairman.
                                  5




10.   Sri Durga Devi Higher Primary School
      Hubballi-580 020.
      Represented by its
      Head Master.                         .. RESPONDENTS

(By Sri V Sreenidhi, AGA for R-1 to R-5, R-7 and R-8)

      This Writ Petition is filed under Articles 226 and 227 of the
Constitution of India praying to declare the construction of
building   on    the    playground     in    property   No.59/195,
C.T.S.No.1053 in ward No.59 at Dajibanpeth, Hubballi District
Dharwad as illegal, void and also in violation of permission to
run the school as well as the provisions of Karnataka Education
Act and the Karnataka Municipal Corporation Act, 1976.

          This Writ Petition coming on for Preliminary Hearing
this day, THE CHIEF JUSTICE made the following:

                             ORDER

Mr.Chandrakanth.R.Goulay, learned advocate appearing for the petitioners submits that he is not pressing this writ petition.

Writ petition is dismissed as not pressed.

6

We make no order as to costs.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE bkp