THE REGISTRAR v. THE PRINCIPAL SECRETARY TO GOVERNMENT
WA/59/2023 · 2025-07-02
Anu Sivaraman, K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12942 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12942 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23612-DB WA No. 59 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT APPEAL NO. 59 OF 2023 (GM-KLA)
BETWEEN:
THE REGISTRAR KARNATAKA LOKAYUKTA M.S. BUILDINGS DR. B.R. AMBEDKAR ROAD BENGALURU-560 001 …APPELLANT (BY SRI. VENKATESH S. ARBATTI, ADVOCATE)
AND:
1.
THE PRINCIPAL SECRETARY TO GOVERNMENT DPAR VIDHANA SOUDHA BENGALURU-560 001
2.
SMT. GIRIJA DEVI DEPUTY DIRECTOR OF KARNATAKA FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT (FOR SHORT KFCSC) KOLAR-563 101 …RESPONDENTS (BY SMT. SHWETA KRISHNAPPA, AGA FOR R1;
R2 IS SERVED AND UNREPRESENTED)
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:23612-DB WA No. 59 of 2023
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO (a) CALL FOR RECORDS IN W.P.No.12733/2021 AND (b) SET ASIDE THE ORDER DATED 25.01.2022 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.12733/21 (ANNEXURE-A) AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO
ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Heard the learned counsel for the appellant as well as the learned Government Advocate appearing for respondent No.1. Though respondent No.2 has been duly served with notice, there is no appearance for respondent No.2.
2.
Learned counsel for the appellant submits that the only question that requires consideration in this appeal is; whether the Karnataka Lokayukta could have maintained a writ petition as against the order impugned. It is submitted by the learned counsel for the appellant
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HC-KAR NC: 2025:KHC:23612-DB WA No. 59 of 2023
that the issue raised in this appeal stands covered by the decision of this Court in W.P.No.6822/2015 C/w WA No.255/2022. It is submitted that a Co-ordinate Bench of this Court, in an earlier decision of 03.09.2024 in W.P.No.105477/2023, had also considered the point in question and had come to the conclusion that the Lokayukta would have locus standi to challenge such orders and that therefore, the dismissal of writ petition on a short ground that the Lokayukta is not a person aggrieved, was not proper.
3. The learned Government Advocate, on the other hand, contends that the facts of this case would disclose that no interference in the order was warranted. However, we notice that the writ petition has been
disposed of only on the question of 'locus standi' and 'person aggrieved' and therefore, the facts of the matter require consideration at the hands of the learned Single Judge.
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HC-KAR NC: 2025:KHC:23612-DB WA No. 59 of 2023
4. In the above view of the matter, appeal is allowed. The order of the learned Single Judge is set aside. Writ petition is remanded to the learned Single Judge for hearing on merits of the matter.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (DR.K.MANMADHA RAO) JUDGE
PN List No.: 1 Sl No.: 48