Karnataka High Court
The Sdmc Govt. Lower Primary School vs The Deputy Director & District ... on 1 February, 2012
Author: Ajit J Gunjal
Bench: Allt J .Gunjal
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 1" DAY OF FEBRUARY, 2012 67. BEFORE THE HON'BLE MR.JUSTICE AlLT J .GUNJAL WRIT P ETITION NO.60809/2016¢M IRE a THE SDMC GOVT. LOWER PRIMARY SCHOOL KOTRI TOTA RPTD BY ITS SECRETARY AND PRESIDENT. . SRI. SABU, S/O CHANDRAPPA WALIKAR _ AGE 45 OCC: AGRI": ee R/O KOTRI T.Q-BILAGH 8 DIST. BAGALKOT. © : PETITIONER (BY SRE: SHR ANTH® » PATIL ADVI ARIES AINLS 1. TRE DEPUTY DIRECTOR AND oS DISTRICT CO-ORDINATOR ~~. SARVA SHIKSHANA ABHIAYAN _ BAGALKO OF," NO THE B D N OFFICER BILAGI,.TO.-BILAGI, DIST. BAGALKOT 3. THE-HEAD MASTER LOWER PRIMARY SCHOOK _KORTI TOTA, KORTI FQ! BILAGI, DIST. BAGALKO (BY SMT. K. VIDYAVATHI, ADV) THIS PETITION IS FILED UNDER ARTICLES 226 AND. 22 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH. TH IMPUGNED REQUISITION LETTER DATED 27/1/2910. "A ANNEXURE E ISSUED BY RES.NO.1 AND ETC. s ~ THIS DAY, THE COURT MADE THE FOLEON WING: : Even though the=matter 'is fisted for preliminary hearing, with consent, itis taken up for:final hear rin ome, 2... The village i question i.e, Korti village coming under Bilagi taluk was sub merged in the back waters of Upper Krishna Project. : "there are as many as 32 to 4{ - fami! ies resid ling in the said belt and their children are not _ neing provided with education. Having regard to the situation Jip. vwhich the families and the children were placed, the Government proposed to start a school in a ".small shed. Suffice it to note that teachers as well as the resident of the village came forward and donated 5 guntas of land for construction of school building. «Tne State sanctioned an amount of Rs.8,00,000/- under. Sarva.» Shikshana Abhiyan Scheme for construction ofa 'schocl | building. According to the petitioner; wher the construction work was in progress respondent No.1 has issued the impugned endorsement directing . the entire amount of Rs.8,00,000/-. to be diverted to. another village coming under the Bilagi -taluks Aggrieved by the said endorsement, petitioner is vefore this Court. 3, 1 have "heard:.the learned counsel for the petitioner as well' 4... Apparently, pursuant to Annexure "AY, an extent of S.guhtas in Sy.No.143/2B has been donated by one Ramarha Chandrappa Walikar for construction of ° school building. It is noticed that the said gift deed is registered. I am of the view that having regard to the fact ac L cm a oo ted a a bby Fhat the construction is in progress ds contended by the 4 py oe a é abs petitioner, it is trite that the funds which are sanctioned for the school to be diverted to another project. 7 The endorsement is unsustainable. Having regard to the factual. situation; fam of..the given-effect to.and it is cae hy am ca 7 =P ay) aa To ) =
(D ~ c 5 D mm wn = a ay oO pes cr (D open for the petitioner to give a representation to the first respondent indicating that. the: construction work is in progress and the.tand is. available for such: a-construction.
With thesé observations, the petition stands disposed of.
appearance in four weexs.