Karnataka High Court Continues Restraint On BBMP Action Against Hostel In Residential Area Subject To Ensuring Students Don't Create Nuisance

The Karnataka High Court on Tuesday continued its interim order restraining BBMP from taking precipitative action against M/s. Ramakrishna Education Trust, which runs a students hostel in Bengaluru. This was after the Trust assured the Court that it would take all precautions to ensure that the students do not do any ‘galata’ (nuisance) in the hostel in question.

A single bench of Justice Krishna S Dixit ordered, “Interim order granted earlier shall continue subject to the condition that the students shall not be permitted to make galata. If the petitioner fails to ensure peace & tranquillity in the hostel, it automatically stands rescinded.”

Vide interim order dated 30-06-2023, the Court had directed Bruhat Bengaluru Mahanagara Palike (BBMP) to not take any coercive steps in pursuance of impugned notice dated 22.06.2023, directing closure of the hostel within three days as it was being run in a residential area.

Court had also asked the Registrar of Rajiv Gandhi University of Health Sciences to take action against the galata making students, if necessary, by debarring them from taking up examinations.

The directions were given while hearing a petition filed by the Trust against BBMP's notice.

The trust averred that the hostel in question accommodates about 80 students and that the premises are purely utilized for residential purposes only. It contended that the action of BBMP, calling upon it to shut down the hostel, would have far reaching effects on students who are pursuing their studies and are in the mid-course of the academic year.

It was also argued that the impugned notice is without jurisdiction and affects the Constitutional rights of the Trust in running educational institution and of the Students pursuing their education.

The Court has allowed the impleadment application filed by residents of the area, claiming that several complaints were already filed before the concerned authority as well as the Jurisdictional Police, about the alleged nuisance created by petitioner's hostel. It was claimed that BBMP issued notice to the Trust after the applicants had moved the court. However, in the present case they have not been arrayed as a party/respondent.

Case Title: M/s Ramakrishna Education Trust And The Medical Health Officer.

Case NO: WP 13509/2023 C/w WP 3088/2023

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