Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14235 WP No. 15761 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15761 OF 2020 (GM-RES) BETWEEN:
SRI. ACHYUTH KUMAR, S/O NARAYANASWAMY, AGED ABOUT 34 YEARS, ARCHITECT CIVIL ENGINEER, NO.130, VAPASANDRA, CHIKKABALLAPURA - 562 101. …PETITIONER (BY SMT. ANUSHA L, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.
3.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU - 560 001.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14235 WP No. 15761 of 2020
4.
THE STATE OF KARNATAKA THE DEPUTY SUPERINTENDENT OF POLICE, ANTI CORRUPTION BUREAU, CHIKKABALLAPUR - 562 101.
5.
POLICE INSPECTOR, ANTI CORRUPTION BUREAU, CHIKKABALLAPURA - 562 101.
6.
SRI. N. RAMANJINAPPA S/O LATE NARAYANAPPA AGED 52 YEARS, OCC: AGRICULTURE AND REAL ESTATE BUSINESS, R/AT NO.1253, 9TH CROSS ROAD, NEAR BALAJI SCHOOL, R.K.HEGDE NAGAR, S.R.K. NAGAR POST, BENGALURU - 560 077. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R5)
THIS W.P. FILED UNDER 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF CR.P.C PRAYING TO QUASH THE GOVERNMENT ORDER DATED 14.03.2016 AND 19.03.2016 THREE NOTIFICATIONS AS PER ANNEXURE -D, E AND F ISSUED BY THE RESPONDENT STATE AS ILLEGAL, UNCONSTITUTIONAL AND VIOLATIVE OF ARTICLE 14 AND 21 OF THE CONSTITUTION OF INDIA AND IT RUNS CONTRARY TO PRAKASH SINGHS CASE REPORTED IN (2006) 8 SCC PAGE 1 AND REITERATED IN THE CASE OF T P SENKUMAR IPS V/S UNION OF INDIA AND OTHERS REPORTED IN (2017) 8 SCC PAGE 801 IF THE LAW ENVISAGES COMPLAINT IS WITHOUT AUTHORITY AND IS NON-EST THE ENTIRE INVESTIGATION BY
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NC: 2025:KHC:14235 WP No. 15761 of 2020
AGENCY IS ALSO NON-EST AND WITHOUT JURISDICTION AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this court seeking for the following reliefs;
"(a) issue a writ of certiorari, quash the Government order No.SIASUE 14 SELOU 2016 dated 14.3.2016 and 19.3.2016 three notifications bearing Nos. (i) No.HD 71 POSIPA (i) 2016 (ii) No.HD 71 POSIPA (ii) 2016 and (iii) No.HD 71 POSIPA (iii) 2017 as per Annexures-D, E and F issued by the respondent state as illegal, unconstitutional and violative of Article 14 and 21 of the Constitution of India and it runs contrary to Prakash Singh's case reported in (2006) 8 SCC page 1 and reiterated in the case of T.P. Senkumar IPS V/s Union of India and others reported in (2017) 8 SCC page 801 - if the law envisages complaint is without authority and is non-est the entire investigation by agency is also non-est and without jurisdiction. (b) Declare further that the constitution of Anti-Corruption Bereau constituted under the Government Order dated 14.03.2016 and withdrawal of powers of police working attached to the Lokayuktha, is contrary to
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NC: 2025:KHC:14235 WP No. 15761 of 2020
section 63 of the Lokpal and Lokayukthas Act,
2013. (c) Issue a writ of mandamus and direct the respondents to allow Lokayuktha to function under the state legislation, (d) Issue a writ of mandamus and declare that the powers conferred under the Government Order dated 14.3.2016 must be declared as abinitio void of the proceedings. (e) Issue any other Writ, order or direction and such the reliefs as this Hon'ble Court may deem fit to grant in the
facts and circumstances of the case, in the interest of justice and equity."
2.
Learned counsel for the petitioner submits that the above petition has rendered infructuous.
3. Accepting the said submission, the petition is dismissed as infructuous.
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SD/- (SURAJ GOVINDARAJ) JUDGE
AMM List No.: 7 Sl No.: 3 CT: BHK