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Karnataka High Court
Sri Siddaratha Education Society vs The State Of Karnataka on 24 March, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2026:KHC:16349
WP No. 36386 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 36386 OF 2025 (S-RES)
BETWEEN:
1. SRI SIDDARATHA EDUCATION SOCIETY
REP. BY ITS SECRETARY,
SIDDARTHANAGARA POST,
TUMUKUR - 572 105
2. THE BOARD OF MANAGEMENT OF
SRI SIDDARATHA EDUCATION SOCIETY
REP. BY ITS CHAIRMAN,
SIDDARATHANAGARA POST,
TUMUKUR - 572 105
BOTH REPRESENTED BY
SRI K. M. KALANDAR PASHA,
ADMINISTRATIVE OFFICER
...PETITIONERS
(BY SRI. RANJAN RAMESH, ADVOCATE FOR
Digitally SRI. CHANDRAKANTH R. GOULAY, ADVOCATE)
signed by
CHANDANA
BM AND:
Location:
High Court 1. THE STATE OF KARNATAKA
of Karnataka REP. BY ITS PRL. SECRETARY,
DEPARTMENT OF EDUCATION (COLLEGIATE)
M. S. BUILDINGS,
BENGALURU - 560 001
2. THE COMMISSIONER OF
COLLEGIATE EDUCATION
2ND FLOOR, DTE BUILDINGS,
PALACE ROAD,
BENGALURU - 560 001
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NC: 2026:KHC:16349
WP No. 36386 of 2025
HC-KAR
3. DR. B. H. DEVARAJU,
S/O LATE B. HANUMANTHA GOWDA,
AGED ABOUT 65 YEARS,
RETD. ASSOCIATE PROFESSOR,
SRI SIDDHARATHA FIRST GRADE COLLEGE,
R/AT SWATI, SRI RANGA VIDYA MANDIRA ROAD,
BATAWADI, TUMUKURU - 572 103
...RESPONDENTS
(BY SRI. SPOORTHY HEGDE, AGA FOR R1 & R2;
DR. B. H. DEVARAJU, R3 PARTY-IN-PERSON)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
20.11.2025, 19.08.2025 AND 17.07.2025 PASSED IN EXECUTION
PETITION NO. 573/2023 BY THE PRL. DISTRICT AND SESSIONS
JUDGE, TUMAKURU AS PER ANNX-L, J AND H AS BEING
ARBITRARY ILLEGAL AND VOID AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seek the following reliefs:
"a) Issue a writ of certiorari quashing the order dated
20.11.2025, 19.08.2025 and 17.07.2025, passed in
Execution Petition No.573/2023 by the Principal
District and Sessions Judge, Tumakuru as per
Annexure-L, J & H, as being arbitrary, illegal and void;
b) Declare that the petitioners are not liable to pay any
amount towards back wages or pensionary benefits of
the 3rd respondent;
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c) Pass such other order or direction as this Hon'ble
Court deems fit to grant in the interest of justice and
equity."
2. Heard learned counsel for the petitioners, learned AGA
for respondent No.2 and Dr.B.H.Devaraju, respondent No.3 - Party
- in - Person and perused the material on record.
3. A perusal of the material on record will indicate that the
petitioners-Management is aggrieved by the impugned orders
dated 20.11.2025, 19.08.2025 and 17.07.2025 passed by the
Executing Court in E.P.No.573/2023, in which, the respondent No.3
is the Decree Holder and the petitioners are the Judgment Debtors
in the execution proceedings. According to the petitioners, the
admitted amounts payable to the respondent No.3 - Decree Holder
is Rs.77,77,795/-, out of which, the petitioners paid a sum of
Rs.20,00,000/- pursuant to interim order dated 17.12.2025 and the
balance of Rs.57,77,795/- vide a cheque No.695893 produced
along with a memo of even date filed by the petitioner. The said
memo reads as under:
"MEMO
The Petitioner submits as hereunder::
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As per the order of this Hon'ble Court dated
17.03.2026, the cheque for the sum of Rs.57,77,795/- (Fifty
seven lakhs seventy seven thousand seven hundred and
ninety five rupees only) is handed over to the respondent
No.3 - DR. B H DEVARAJU (Party in person) before the
Hon'ble Bench on 24.03.2026. The details of the cheque are
as follows.
Bank - Canara Bank, Siddartha Inst. Of Technology
Amount - Rs. 57,77,795/-
Dated - 18/03/2026
In Favour - B H Devaraju
Cheque No. - 695893
The photocopy of the cheque is produced along with
this memo, the same may kindly be accepted and taken on
record. It is requested and prayed accordingly."
4. Per contra, respondent No.3 - Party-in-person submits
that the total amount payable by the petitioners - Judgment
Debtors to the respondent No.3 - Decree Holder in the execution
proceedings is Rs.94,68,099/-.
5. In view of the aforesaid facts and circumstances and
there being a dispute as regards the actual amount payable by the
petitioners- Management to the respondent No.3 - Decree Holder,
in addition to the admitted amount of Rs.77,77,795/- already paid
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by the petitioners to the respondent No.3, the said dispute as
regards the alleged amount payable by the petitioners to the
respondent No.3 would necessarily have to be adjudicated upon by
the Executing Court after conducting necessary enquiry in this
regard.
6. Under these circumstances, though several
contentions have been urged by both sides in support of the
respective claims, as regards the total alleged amount payable by
the petitioners to the respondent No. 3/Party - in- person, without
expressing any opinion on the merits/demerits of the rival
contentions, I deem it just and appropriate to set aside the
impugned orders and remit the matter back to the Executing Court
for reconsideration of the claim of the respondent No.3/Party-in-
Person as regards the disputed amount in excess of
Rs.77,77,795/- and to pass appropriate orders within a stipulated
time frame.
7. In the result, I pass the following:
ORDER
i) The petition is hereby disposed of.
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ii) The impugned orders dated 20.11.2025,
19.08.2025 and 17.07.2025 passed in Execution
Petition No.573/2023 on the file of Principal District
and Sessions Judge, Tumkur, at Annexures - L, J and
H, are hereby set aside.
iii) The matter is remitted back to the Executing
Court for reconsideration of the claim of respondent
No.3 / Party- in -Person as regards alleged amounts
payable by the petitioners to respondent No.3 in
excess of the admitted amount of Rs.77,77,795/- by
conducting necessary enquiry in this regard.
iv) The Executing Court is directed to conduct
enquiry as regards the alleged excess amount in
excess of Rs.77,77,795/- and pass appropriate orders
within a period of 3 months from the date of receipt of
a copy of this order.
v) All rival contentions on all aspects of the matter
in respect of the alleged amount in excess of the
admitted amount of Rs.77,77,795/- allegedly payable
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by the petitioner to the respondent No.3 are kept open
to be decided by the Executing Court and no opinion
is expressed on the merits/demerits of the rival
contentions.
Hand delivery of this order is permitted.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
MDS
List No.: 1 Sl No.: 2
