- 1 - HC-KAR NC: 2025:KHC:20287 WP No. 5691 of 2021 C/W WP No. 4711 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5691 OF 2021 (GM-FE) C/W WRIT PETITION NO. 4711 OF 2021 (GM-FE) IN WP No. 5691/2021 BETWEEN: GREENPEACE ENVIRONMENT TRUST WITH REGISTERED OFFICE AT NO. 49/23 2ND CROSS STREET ELLAIYAMMAN COLONY GOPALPURAM CHENNAI - 600 086 REPRESENTED BY ITS AUTHORIZED SIGNATORY …PETITIONER (BY SMT. MONICA PATIL.,ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF FINANCE NORTH BLOCK, CABINET SECRETARIAT RAISINA HILL, NEW DELHI - 110 001 REPRESENTED BY ITS SECRETARY 2. THE SPECIAL DIRECTOR OFFICE OF THE SPECIAL DIRECTOR OF ENFORCEMENT DIRECTOR OF ENFORCEMENT SOUTHERN REGIONAL OFFICE 3RD FLOOR MURUGESAN COMPLEX, NO.84 GREAMS ROAD CHENNAI - 600 006 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20287 WP No. 5691 of 2021 C/W WP No. 4711 of 2021 3. BASAVARAJ R MAGADUM ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT 3RD FLOOR, B BLOCK, BMTC, SHANTHINAGAR-TTMC, KH ROAD, BENGALURU-27. 4. DIRECTORATE OF ENFORCEMENT BENGALURU ZONAL OFFICE 3RD FLOOR, B BLOCK, BMTC SHANTHINAGAR TTMC K H ROAD, SHANTHINAGAR BANGALORE - 560 027 REPRESENTED BY THE JOINT DIRECTOR …RESPONDENTS (BY SRI. UNNIKRISHAN M., CGC FOR R1 TO R4) THIS WRIT PETITION IF FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION, QUASHING THE SHOW CAUSE NOTICE DATED 25.02.2020 BEARING NO. T-4/SRO/SDE/BGZO/01/2020 ISSUED BY R2 ANNEXURE-A AND ETC. IN WP NO. 4711/2021 BETWEEN: GREENPEACE INDIA SOCIETY A SOCIETY REGISTERED UNDER THE TAMIL NADU SOCIETIES REGISTRATION ACT 1975 WITH REGISTERED OFFICE AT NEW NO.47 (OLD NO.22) 2ND CROSS STREET, ELLAIYAMMAN COLONY, GOPALAPURAM, CHENNAI-6000086 REPRESENTED BY ITS EXECUTIVE DIRECTOR ...PETITIONER (BY SMT. MONICA PATIL.,ADVOCATE) AND: - 3 - HC-KAR NC: 2025:KHC:20287 WP No. 5691 of 2021 C/W WP No. 4711 of 2021 1. UNION OF INDIA MINISTRY OF FINANCE, NORTH BLOCK, CABINET SECRETARIAT, RAISINA HILL, NEW DELHI-110001 REPRESENTED BY ITS SECRETARY 2. THE SPECIAL DIRECTOR OFFICE OF THE SPECIAL DIRECTOR OF ENFORCEMENT, DIRECTORATE OF ENFORCEMENT, SOUTHERN REGIONAL OFFICE, 3RD FLOOR, MURUGESAN COMPLEX, NO.84, GREAMS ROAD, CHENNAI-600006 3. BASAVARAJ R MAGADUM ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, BENGALURU. 4. DIRECTORATE OF ENFORCEMENT BENGALURU ZONAL OFFICE, 3RD FLOOR, B BLOCK, BMTC SHANTHINAGAR, TTMC, K H ROAD, SHANTHINAGAR, BANGALORE-560027 REPRESENTED BY THE JOINT DIRECTOR ...RESPONDENTS (BY SRI. UNNIKRISHAN M., CGC FOR R1 TO R4) THIS WRIT PETITION IF FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION, QUASHING THE SHOW CAUSE NOTICE DATED 25.02.2020 BEARING NO. T-4/SRO/SDE/BGZO/01/2020 ISSUED BY R2 ANNEXURE-A AND ETC. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:20287 WP No. 5691 of 2021 C/W WP No. 4711 of 2021 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner in W.P.No. 5691/2021 is before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any other writ, order or direction, quashing the show cause notice dated 25.02.2020 bearing T-4/SRO/SDE/BGZO/01/2020 issued by R2 (Annexure-A). b. Consequently, issue a writ of certiorari or any other writ, order or direction, quashing the complaint dated 25.10.2019 bearing No. T-3/BGZO/96/2018 filed by the R3 before the R2 (Annexure-B). c. Grant such other reliefs as this Hon’ble Court deems fit in the above circumstances of the case, in the interests of justice and equity. 2. The petitioner in W.P.No. 4711/2021 is before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any other writ, order or direction, quashing the show cause notice dated 25.02.2020 bearing T-4/SRO/SDE/BGZO/01/2020 issued by R2 (Annexure-A). b. Consequently, issue a writ of certiorari or any other writ, order or direction, quashing the complaint dated 25.10.2019 bearing No. T-3/BGZO/96/2018 filed by the R3 before the R2 (Annexure-B). c. Grant such other reliefs as this Hon’ble Court deems fit in the above circumstances of the case, in the interests of justice and equity. - 5 - HC-KAR NC: 2025:KHC:20287 WP No. 5691 of 2021 C/W WP No. 4711 of 2021 3. The submission of learned counsel for the petitioners is that the lis in the above matters is covered by the decision dated 6.12.0224 of a Coordinate Bench of this Court in the case of Mrs.Kshithija Urs -v- Union of India and others [WP No.1418/2021]. Since the proceedings in the present matter had also been initiated after the omission of Section 6(3)(b) of the Foreign Exchange Management Act, 1999 [‘FEMA’ for short], there is no particular dispute about the said position. 4. In that view of the matter, applying the dicta laid down by the Coordinate Bench of this court in its order dated 6.12.2025 passed in W.P. No.1418/2021, the above petition is require to be allowed. As such, I pass the following: ORDER i. The Writ petitions are allowed. - 6 - HC-KAR NC: 2025:KHC:20287 WP No. 5691 of 2021 C/W WP No. 4711 of 2021 ii. A certiorari is issued. The show cause notice dated 25.02.2020 issued by respondent No.2 at Annexure-A in both the petitions are quashed. iii. The complaint dated 25.02.2019 filed by respondent No.3 at Annexure-B in both the petitions are quashed. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 32