LAKSHMAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal has been filed against the order dtd. 21/9/2021 passed by the learned Single Judge, by which writ petition preferred by the appellant has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that as per the version of the appellant, land bearing Sy.No.64/1 situated at Kammasandra Road, Hebbagodi village, Electronic City, Hosur CMC, Anekal, Bangalore and various other lands were purchased by father of the appellant late Shri.Ramaiah and his brother viz., Chinappa Reddy. The appellant claims to be the eldest daughter of late Shri.Ramaiah. The nephew of the appellant Shri.Mahesh Reddy viz., respondent No.6 has created a Trust in the name and style of Usha Educational Foundation and the aforesaid Trust runs an educational institution on land bearing Sy.No.64/1 in the name and style of National Public School.

(3.) However, it is the case of the appellant that respondent No.6 started running the aforesaid school on the land bearing Sy.No.143, despite registration of the Educational Institution being run by the respondent No.6 has been granted by Respondent No.2 on the ground that the land is being run on land bearing Sy.No.64/1. After the appellant learnt about the aforesaid fact, a notice dtd. 20/11/2019 was sent to respondent No.6. The Block Education Officer issued a show cause notice to respondent No.6. Therefore, a report was submitted to the Deputy Director of Public Instructions on 9/1/2020. The Deputy Director issued a notice on 30/1/2020 to the Trust calling upon it to show cause as to why the registration should not be cancelled. Thereafter, the Commissioner of Public Instructions by an order dtd. 15/6/2020 directed cancellation of registration of the Trust. Thereafter, the Trust submitted a representation on 19/6/2020 seeking review of the order dtd. 15/6/2020. The Commissioner, Public Instructions by an order dtd. 22/9/2020 restored registration of respondent No.6-Trust. The aforesaid order was challenged by the appellant in a writ petition. The learned Single Judge by an order dtd. 21/9/2021 has dismissed the writ petition. In the aforesaid factual background, this appeal has been filed.