Case Note & Summary
The petitioner, Shri Beereswar Education Trust, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to direct the second respondent, the Deputy Director of Public Instruction, Bijapur, to forward all records of the schools run by the petitioner Trust to the first respondent, the Principal Secretary, Primary and Higher Secondary Education, for the purpose of considering renewal of permission and extension of grant-in-aid. The petition was filed on 12.02.2014. The learned Additional Government Advocate submitted that in view of the order passed on 16.04.2013 in W.P. No.34172/2010, there had been compliance, and therefore the petition did not survive for consideration. The court perused the correspondence between the petitioner and the Department of Public Instructions and noted that after the order dated 16.04.2013 allowing W.P. No.34172/2010, there was a series of correspondence, and the second respondent had already forwarded the records to the first respondent. Consequently, the court held that the petition had become infructuous and dismissed it. No order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Infructuous Petition - Articles 226 and 227 of the Constitution of India - Petitioner sought mandamus to direct respondent No.2 to forward records to respondent No.1 for renewal of permission and grant-in-aid - Court found that after the order in W.P. No.34172/2010, respondent No.2 had already forwarded the records, rendering the petition infructuous - Held that the petition does not survive for consideration and is dismissed (Paras 1-4).
Issue of Consideration
Whether the writ petition seeking mandamus to forward records for renewal of permission and grant-in-aid survives after the respondent has already complied with the earlier order.
Final Decision
The writ petition is dismissed as having become infructuous. No order as to costs.
Law Points
- Mandamus
- Writ Petition becomes infructuous upon compliance
- Education Trust
- Renewal of permission
- Grant-in-Aid
Case Details
2017 LawText (KAR) (01) 32
Writ Petition No.202154/2014 (EDN-GIA)
Sri Manjunath Chiddalli (for petitioner), Sri A. Syed Habeeb (AGA for respondents)
Shri Beereswar Education Trust
The Principal Secretary, Primary and Higher Secondary Education, Education Department, State of Karnataka; The Dy. Director of Public Instruction, Department of Public Instructions, Bijapur
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Nature of Litigation
Writ petition seeking mandamus to direct respondent No.2 to forward records for renewal of permission and grant-in-aid.
Remedy Sought
Petitioner sought a writ of mandamus directing respondent No.2 to forward records to respondent No.1 for considering renewal of permission and grant-in-aid.
Filing Reason
Petitioner alleged that respondent No.2 had not forwarded the records despite earlier directions.
Previous Decisions
An order dated 16.04.2013 in W.P. No.34172/2010 was passed, which required compliance by the respondents.
Issues
Whether the writ petition seeking mandamus survives after the respondent has complied with the earlier order.
Submissions/Arguments
Learned AGA submitted that in view of order dated 16.04.2013 in W.P. No.34172/2010, there being compliance, the petition does not survive for consideration.
Ratio Decidendi
A writ petition seeking mandamus becomes infructuous if the respondent has already complied with the earlier order and forwarded the records as sought.
Judgment Excerpts
Learned AGA submitted that in view of order passed on 16.04.2013 in W.P. No.34172/2010, there being compliance, the petition does not survive for consideration.
Perused copies of the correspondence between the Office bearers of the petitioner and the authorities of the Department of Public Instructions.
In view of the above, the petition having become infructuous, is dismissed.
Procedural History
Petition filed on 12.02.2014. On 17.01.2017, after hearing submissions and perusing correspondence, the court dismissed the petition as infructuous due to compliance with earlier order in W.P. No.34172/2010.
Acts & Sections
- Constitution of India: Articles 226, 227
