JMJ EDUCATIONAL SOCIETY (R) vs STATE OF KARNATAKA

Court
Karnataka High Court

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 6 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

WRIT PETITION NO. 23651 OF 2015 (KLR-RES)

BETWEEN:

JMJ EDUCATIONAL SOCIETY (R),
1ST CROSS ROAD,
1ST STAGE, PEENYA INDUSTRIAL ESTATE,
BANGALORE - 560 058.
PRESENTLY HAVING ITS ADDRESS
AT SY. NOS. 89 & 90,
SOLADEVANAHALLI,
HESARAGHATTA,
BANGALORE - 560 017.
REPRESENTED BY ITS SECRETARY
SRI. B. PREMNATH REDDY,
AGED ABOUT 50 YEARS,
S/O B.M. REDDY.
…PETITIONER
(BY SRI.NANDEESH C.B., ADVOCATE A/W
SRI.K.CHANDRANATH ARIGA, ADVOCATE)

AND:

1. STATE OF KARNATAKA,
REVENUE DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE - 560 001.

2. THE UNDER SECRETARY,
GOVERNMENT OF KARNATAKA,
REVENUE DEPARTMENT,
M.S. BUILDING,
BANGALORE - 560 001.












Digitally signed by
CHAYA S A
Location: HIGH
COURT OF
KARNATAKA

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3. THE DEPUTY COMMISSIONER,
BANGALORE URBAN DISTRICT,
BANGALORE.

4. THE TAHSILDAR,
BANGALORE NORTH TALUK (ADDL.)
BANGALORE.
…RESPONDENTS
(BY SRI.ADITYA DIWAKARA, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 30.5.2015 ISSUED BY THE GOVERNMENT OF
KARNATAKA (I.E. ANNX-T3) AS ARBITRARY, ILLEGAL AND
UNJUST; GRANT AN INTERIM ORDER TO STAY THE OPERATION
OF THE ORDER DATED 30.5.2015 ISSUED BY THE
GOVERNMENT OF KARNTAKA (I.E. ANNX-T3) AND ALL
FURTHER PROCEEDINGS THEREON.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

1. In this writ petition, petitioner is assailing the
order dated 30.05.2015 (Annexure-T3) issued by
respondent No.2-Government of Karnataka.
2. The relevant facts for consideration of the writ
petition are that the petitioner-Society has produced the
Memorandum of Association and bye-laws of the Society,

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wherein, it is stated that the object of the petitioner-
Society is to run the educational institutions in the name
of "Acharya Institutes" at Soladevanahalli Village, which is
forthcoming from Annexure-B series.
3. It is also stated by the petitioner that the
petitioner has campus at Soladevanahalli comprising
80 acres of the land and running Acharya Institute of
Technology, Acharya Institute of Management, Acharya
School of Architect, Acharya Polytechnic College, Acharya
Institute of Graduate Studies, Acharya and B.M.Reddy
College of Pharmacy, Acharya School of Design and
Architecture, Acharya-Smt.Nagarathna College of Nursing
and the Acharya Pre-University College, etc., It is also
forthcoming from the writ petition that, the petitioner-
Society has got requisite permission from the respondent-
Government to run the aforementioned institutions. It is
further stated in the petition that the petitioner-Society
made an application to the Government of Karnataka
seeking grant of land for educational purpose and

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pursuant to the same, the respondent-authorities have
allotted the land in question in Survey No.82 to an extent
of 3.09 acres of Soladevanahalli Village, as per the Official
Memorandum dated 22.07.2004 (Annexure-C) for a period
of 30 years on lease. It is stated in the possession
certificate dated 15.12.2004 (Annexure-D2), wherein, the
period of 30 years is mentioned from the date of taking
possession of the schedule property by the petitioner-
Society subject to the condition that the petitioner-Society
has to put up construction and to run the educational
institution in terms of the objective of the petitioner-
Society. However, the respondent-authorities by impugned
order dated 30.05.2015 (Annexure-T3) cancelled the lease
made in favour of the petitioner-Society and being
aggrieved by the same, the petitioner has presented this
petition.
4. Sri.Chandranath Ariga, learned counsel
appearing for the petitioner, invited the attention of the
Court to the reason for which the lease has been set aside

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by the respondent-authorities as per Annexure-T3 and
also, referred to the Annexure-F, wherein the various
institutions are being run by the petitioner-Society, except
the medical and the law courses.
5. In this regard, learned counsel appearing for
the petitioner has referred to Annexure-G, wherein, a full
fledged educational institution is being run by the
petitioner-Society and also the provision has been made
for sewage treatment plant and such other facilities, for
the well-being of the students in the institution, is
concerned.
6. Therefore, it is contended by learned counsel
for the petitioner that the reasons assigned by the
respondent-authorities at Annexure-T3, which mentions
that the petitioner-Society is not running any educational
institution in leased land is incorrect and therefore, the
learned counsel appearing for the petitioner sought for
interference of this Court.

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7. Per contra, Sri Aditya Diwakara, learned
Additional Government Advocate for the respondent-
authorities reiterates the averments made in the
statement of objections and further, contended that the
petitioner-Society has violated the terms and conditions of
the lease as per the Official Memorandum dated
22.07.2004 and further contended that, the order
impugned is a considered order and therefore, sought for
dismissal of the writ petition.
8. In the light of the submissions made by the
learned counsel appearing for the parties, I have carefully
examined factual aspects on record, wherein, the
petitioner-Society is running the institutions as stated
above. It is also forthcoming from the Official
Memorandum dated 22.07.2004 (Annexure-C), wherein,
the land in question has been assigned to the petitioner-
society for running the educational institutions in land
bearing Sy. No.82 to an extent of 13.09 acres of land in
Soladevanahalli village. It is also made clear that the

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terms and conditions has been specified at Annexure-C
dated 22.07.2004. In the light of the submission referred
to above, it is not in dispute as per Annexure-D1, the
lease deed dated 15.12.2004, wherein, the respondent-
authorities have put a condition that the petitioner-Society
has to activate their educational prospects in the land in
question within a period of 2 years from the date of
entering into the Lease Agreement. It is also to be noted
from the Annexure-D2 dated 15.12.2004, wherein, the
possession of the land in question was handed over to the
petitioner-Society, subject to the terms and conditions in
the lease deed produced at Annexure-D1 to the writ
petition. It is also forthcoming from the writ petition that
the petitioner-Society has paid the amount specified in the
lease deed for a period of 10 years from 2005 onwards to
2017 at Annexure-D4. However, in the interim period, the
respondent-authorities have issued the impugned order at
Annexure-T3 stating that the petitioner-society has not
taken any steps for construction of the building and not

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running the institution as per the object specified in their
Memorandum of Association and also in accordance with
the terms and conditions of the lease deed dated
15.12.2004(Annexure-D1) to the Writ Petition.
9. Taking into consideration the brochure
prodcued at Annexure-F to the writ petition, would indicate
that the petitioner-Society has taken an active part insofar
as running the institution in the leased premises is
concerned.
10. In that view of the matter, I am of the view
that the reasons assigned in the impugned order at
Annexure-T3, that no steps have been taken by the
petitioner-Societyy to run the curriculum in the schedule
premises is incorrect and non-application of mind by the
respondent-authorities to cancel the lease made in favour
of the petitioner-Society. It is evident from Annexure-F
that large number of students are studying in the
petitioner-Society.

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11. In that view of the matter, taking into
consideration the factual aspects on record, particularly,
by looking into the educational prospects of the petitioner-
Society as per Annexure-F, I am of view that the reasons
assigned in the Annexure-T3 requires to be interfered
with, in the writ petition.
12. Accordingly, I pass the following:
ORDER
allowed
(i) Writ Petition is .
(ii) The order dated 30.05.2015 (Annexure-T3)
passed by the respondent-Government is accordingly set
aside.
(iii) It is also to be noted that the petitioner has
filed an application in IA No.1/2016, which is accordingly,
allowed.
(iv) The respondent-Government is directed to
receive the lease amount for the next 10 years i.e. from

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2016-2017 to 2026-27 within a period of two weeks from
the date of receipt of a certified copy of this order and
subsequent years in terms of the lease deed dated
15.12.2004 (Annexure-D1) to the writ petition.


SD/-
(E.S.INDIRESH)
JUDGE


PSJ
List No.: 1 Sl No.: 74