CHANDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for a writ in the nature of mandamus to direct the respondent No.2 to cancel or withdraw the appointment of the Special Officer and hand over the charge of the School to the petitioner by considering the recommendation made by the respondent No.3 dtd. 2/12/2025.

(2.) The petitioner contends that it had filed a suit O.S. No. 2/2010 for declaration that the Trust created by Smt.Lakshmidevi dtd. 21/8/2010 is void and illegal and for perpetual injunction restraining the Trustees from interfering with the day-to-day administration of the petitioner-Trust. He contends that the said suit was decreed on 24/4/2018 against which R.F.A. No. 100205/2018 was filed where an interim arrangement is made that the Special Officer should continue till disposal of the appeal. It is contended that R.F.A. No. 100205/2018 was thereafter settled between the parties.

(3.) Hence the petitioner submitted an application to respondent No.4 to withdraw the appointment of the Special Officer and hand over possession of the School. The respondent No.4 forwarded the application to respondent No.3 for further action. The respondent No.3 after examining the proposal recommended to the respondent No.2 to cancel appointment of the Special officer. However no action is taken by the respondent No.2 till date and therefore the petitioner is before this Court seeking for a direction to the respondent No.2 to withdraw or cancel appointment of the Special Officer and hand over the charge of the School to the petitioner by considering the recommendation made by the respondent No.3.