LAKSHMANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The following questions would arise for consideration in this Petition:

(2.) The petitioners claim that they are permanent residents of K. Kallahalli Village, Harappanahalli Taluk and espousing the cause of residents of K. Kallahalli Village. The petitioners are before this Court praying for quashing the notification dated 26.5.2009 at Annexure-'D' passed on the file of respondent No. 3.

(3.) The brief facts of the case leading to the filing of writ petition may be stated as under: One A.B. Mallappa S/o. Ningappa who was the owner of land bearing Sy. No. 205 measuring 7 acres 46 cents and Sy. No. 128 measuring 2 acres situated in K. Kallahalli Village were donated under a gift deed dated 10.8.1955 in favour of then Government of Mysore for the benefit of the Board of Elementary School at K. Kallahalli Village. Now, the land has been transferred in the name of first respondent - State of Karnataka. One Sri Chidanandappa, the former President of the Zilla Panchayath of Davanagere had made a representation to the 3rd respondent - Block Education Officer and the 2nd respondent - the Assistant Director of Public Instructions bring to their notice that his ancestors have gifted the land in the year 1955 for the school and requested to name the school after the donor's name A.B. Mallappa. The request was objected by the villagers and the School Development Committee, but the 3rd respondent, by notification dated 26.5.2009 ordered that the Government High School situated in K. Kallahalli Village should be named after Sri A.B. Mallappa and issued a notification dated 26.5.2009 (Annexure-'D'). Therefore, the petitioners are before this Court by filing a public interest petition," contending that since the land was donated in the year 1955 and Government notification is of the year 1989, the respondent No. 3 erred in applying the notification of the year 1989 and changing the name of the school. It is also contended that if the school is named after the donor's name, no other person would come forward to donate and the interest of the school will be affected and in changing the name of the School is due to political interest.