Bhatkal Education Trust R vs The State Of Karnataka
2021 Latest Caselaw 5110 Kant

                             1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 30TH DAY OF NOVEMBER 2021

                         PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

     THE HON'BLE MR.JUSTICE ANANT RAMANATH HEGDE

             W.A. NO.962 OF 2021 (S-RES)
                          IN
             W.P.No.56826 OF 2015 (S-RES)

BETWEEN:

BHATKAL EDUCATION TRUST (R)
REPRESENTD BY THE CHAIRMAN
THE NEW ENGLISH SCHOOL
DR. SURESH VITAL DAS NAYAK
S/O VITAL DAS NAYAK
AGED ABOUT 76 YEARS
NEAR LAITHA SHANABHAG KALAA MANTAPA
BANDAR ROAD, BHATKAL - 581320.
                                             ... APPELLANT
(BY MR. RAGHAVENDRA G, ADV.,)

AND:

1.     THE STATE OF KARNATAKA
       EDUCATION DEPARTMENT
       (PRIMARY AND SECONDARY)
       BY ITS PRINCIPAL SECRETARY
       PRIMARY AND SECONDARY EDUCATION
       VIDHANA SOUDHA, BANGALORE - 560001.

2.     THE DEPUTY SECRETARY
       PRIMARY AND SECONDARY EDUCATION
       DEPARTMENT, M S BUILDING, BANGALORE - 560001.
                            2



3.   THE ADDITIONAL COMMISSIONER
     DEPARTMENT OF PUBLIC INSTRUCTION
     DHARWAD - 580008.

4.   THE DIRECTOR AND APPELLATE AUTHORITY
     DEPARTMENT OF PUBLIC INSTRUCTION
     DHARWAD - 580008.

5.   THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
     KARWAR-581301.

6.   SMT. RAJAM HICHKAD
     D/O LATE CHANDRAHAS
     AGED ABOUT 55 YEARS
     ASSISTANT TEACHER
     NEW ENGLISH SCHOOL
     BHATKAL 581320.

7.   THE HEAD MASTER
     THE NEW ENGLISH SCHOOL
     NEAR LAITHA SHANABHAG KALAA MANTAPA
     BHANDAR ROAD, BHATKAL 581320.

                                        ... RESPONDENTS
(BY MR. G.V. SHASHIKUMAR, AGA)
                           ---

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO CALL FOR RECORDS. ALLOW THIS
WRIT APPEAL AND SET ASIDE THE ORDER DATED 30.06.2021
PASSED IN W.P. NO. 56826/2015 PASSED BY THE LEARNED
SINGLE JUDGE OF THIS HON'BLE COURT. PASS ANY OTHER
ORDERS, AS THIS HON'BLE COURT DEEMS FIT AND PROPER IN
THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE.


     THIS W.A. COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
                                 3




                             JUDGMENT

Mr.Raghavendra G., learned counsel for the appellant.

Mr.G.V.Shashikumar, learned Additional Government

Advocate for the respondent.

In this intra Court appeal, the appellant has assailed

the validity of the order dated 30.06.2021 passed by the

learned Single Judge, by which the learned Single Judge has

set aside the order passed by the Appellate Authority and has

remitted the matter back to the Appellate Authority to hear

the petitioner and pass appropriate orders in accordance with

law.

2. After hearing the learned counsel for the appellant,

it is clarified that the appellant shall be at liberty to raise a

contention that the appeal itself is barred by limitation and

cannot be entertained. In case such a contention is raised,

the Appellate Authority shall advert to the same after giving

an opportunity of hearing to the respondent No.6.

With the aforesaid liberty, the appeal is disposed of.

3. In view of the disposal of the appeal, the pending

interlocutory application does not survive for consideration

and is accordingly disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

RV