SRI SHAMANTH KUMAR JAIN v. THE STATE OF KARNATAKA

Court: High Court of Karnataka

Bench: CHIEF JUSTICE,C.M. POONACHA

Judgment date: 2026-04-22

Case summary

High Court of Karnataka judgment dated 2026-04-22. SRI SHAMANTH KUMAR JAIN v. THE STATE OF KARNATAKA. Read the judgment and case details on LawSphereX.

Judgment text

- 1 - WP No. 8794 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU ND DATED THIS THE 22 DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C. M. POONACHA WRIT PETITION NO. 8794 OF 2026 (GM-RES- PIL) BETWEEN: 1. SRI SHAMANTH KUMAR JAIN S/O. YUVARAJ BALIPA AGED ABOUT 46 YEARS OCCUPATION: BUSINESS RESIDING AT DOOR NO. 2-510 KALENJIRODY, PADDANAGADY BELTHANGADY TALUK - 574 217 2. SRI GANESH K S/O SANTHAPPA MOOLYA AGED ABOUT 40 YEARS OCCUPATION: CIVIL ELECTRICAL CONTRACTOR R/AT KONTU PALKE GOUSE KUVETTU, GURUVAYANAKERE BELTHANGADY DAKSHINA KANNADA DISTRICT - 574 217 3. SRI SHASHIRAJ SHETTY S/O PURANDARA SHETTY AGED ABOUT 38 YEARS OCCUPATION: AUTO DRIVER R/AT GANESHA NILAYA KUVETTU, GURUVAYANAKERE BELTHANGADY DAKSHINA KANNADA DISTRICT - 574 217 …PETITIONERS (BY SRI BALARAJ V. R. , ADVOCATE) - 2 - WP No. 8794 of 2026 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M. S. BUILDING, DR. B. R.

AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 3. THE DIRECTOR DEPARTMENT OF SCHOOL EDUCATION (PRE- UNIVERSITY) TH 18 CROSS, MALLESHWARAM BENGALURU - 560 003 4. THE ASSISTANT DIRECTOR TOWN AND RURAL PLANNING DEPARTMENT GROUND FLOOR, PRAJA SOUDHA D. K. DISTRICT ADMINISTRATIVE BUILDING PADIL, MANGALURU - 570 007 5. THE JOINT DIRECTOR TOWN AND COUNTRY PLANNING DIVISION OFFICE MYSORE DIVISION, MYSORE - 570 001 6. DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT MANGALURU - 575 001 7. TAHSILDAR BELTHANGADY TALUK D. K. DISTRICT - 574 214 - 3 - WP No. 8794 of 2026 8. PANCHAYAT DEVELOPMENT OFFICER (PDO) KUVETTE GRAM PANCHAYATH BELTHANGADY TALUK DK. DISTRICT - 574 214 9.

ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD (KSPCB) BAIKAMPADY, MANGALURU - 575 011 10. DISTRICT FIRE OFFICER KARNATAKA STATE FIRE AND EMERGENCY SERVICES MANGALURU D. K. DISTRICT - 575 001 11. MR. SUMANTH KUMAR JAIN FOUNDER/DIRECTOR/CHAIRMAN EXCEL PU COLLEGE GURUVAYANAKERE BELTHANGADY TALUK D. K. DISTRICT - 574 214 12. M/S. INFINITY LEARNING FOUNDATION REPRESENTED BY ITS CHAIRMAN/SECRETARY GURUVAYANAKERE BELTHANGADY TALUK D. K. DISTRICT - 574 214 13. M/S. EXCEL PRE-UNIVERSITY COLLEGE GURUVAYANAKERE BELTHANGADY TALUK D. K. DISTRICT - 574 214 REP. BY ITS PRINCIPAL/ AUTHORIZED SIGNATORY …RESPONDENTS (SMT. NILOUFER AKBAR, AGA FOR R-1 TO 7 & 10; SRI NARAYANA SWAMY, ADVOCATE FOR R-11 & 12) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT No.

3 TO 5 AND 9 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS AS PER ANNEXURE-D, - 4 - WP No. 8794 of 2026 D1 TO D3 DATED 09. 01. 2026 AND 30. 01. 2026 RESPECTIVELY & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C. M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition as a public interest litigation, inter alia, praying that directions be issued to respondent Nos. 3 to 5 and 9 to consider their representations. The petitioners also pray that directions be issued to respondent Nos. 1 and 2 to conduct an enquiry and cancel the registration and approvals obtained by respondent Nos. 11 to 13. 2. The petitioners allege that respondent No. 12 is a Trust and its trustees are running an educational institution in the name of th Excel Techno School (pre-primary to 10 standard).

The said Trust also runs Excel Pre-University College (respondent No. 13). It is alleged that the approvals for construction of the infrastructure/building of the said institutions have been obtained by forged documents. In particular, it is alleged that the - 5 - WP No. 8794 of 2026 conversion certificate has been fabricated by forging the signature of the concerned Tahsildar (respondent No. 7). 3. In view of the allegations, we consider it apposite to direct the respondent authorities to examine the allegations whether any of the documents on the basis of which approval for construction has been obtained have been fabricated by forging the signature of any public authority or public officers. 4. The petition is disposed of with the aforesaid observations. 5. Needless to state that if it is found that any of the approvals have been obtained by such forged documents, the concerned authority shall take steps in accordance with law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C. M.

POONACHA) JUDGE AHB List No. : 1 Sl No. : 3

Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.