- 1 - NC: 2025:KHC:11827 WP No. 19 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19 OF 2025 (GM-RES) BETWEEN: 1. SHRI C DEVARAJU AGED 63 YEARS, S/O.LATE CHANNEGOWDA, NO.28, 4TH MAIN ROAD, 4TH CROSS, 7TH BLOCK, BANASHANKARI III STAGE, BENGALURU - 560 087. PRESENTLY AT: NO.5, GURUSARVABHOOMANAGAR, NAYANDAHALLI, BEHIND THE CLUB, MYSORE ROAD, BANGALORE 560 039. …PETITIONER (BY SRI. CHANDRASHEKARA K., ADVOCATE) AND: 1. THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT, BANGALORE ZONAL OFFICE, 3RD FLOOR, 'B' BLOCK BMTC-TTMC BUILDING, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027. …RESPONDENT (BY SRI. UNNIKRISHNAN M., ADV.,) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11827 WP No. 19 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS TO THE RESPONDENTS TO PASS ORDERS/ DISPOSE OF REPRESENTATIONS OF THE PETITIONERS AS FOUND AT ANNEXURE -J AND K AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayers: "i. To issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction to the respondent to pass orders / dispose of representations of the petitioners as found at ANNEXURE - J and K; ii. To issue a direction to the respondent to release/handover the attached property /schedule S1.1 property to the petitioner as mentioned in the communication dated 02.08.2021 (Annexure A). iii. To allow this writ petition and issue any other appropriate writ or direction or pass any other orders as this Hon'ble court deems fit to pass in the circumstances of the case, in the interest of justice and equity." 2. Heard Sri. Chandrashekara K., learned counsel appearing for the petitioner, Sri. Unnikrishnan M., learned - 3 - NC: 2025:KHC:11827 WP No. 19 of 2025 counsel appearing for the respondent and have perused the material on record. 3. This Court, on 06.03.2025, had passed the following order: "Heard the learned counsel appearing for the petitioner. The petitioner is before this Court seeking a direction for release of his properties, which comes to be attached by the Enforcement Directorate in the year 2021. The Enforcement Case Information Report or ECIR was registered pursuant to the registration of a predicate offence for the offences punishable under Sections 13(1)(d) and 13(1)(e) of the Prevention of Corruption Act, 1988. Learned counsel appearing for the petitioner submits that the petitioner has been discharged in the predicate offence i.e., the offences under the Prevention of Corruption Act in the year 2018 itself. In the light of the discharge, the very proceedings instituted by or continued by the Enforcement Directorate becomes without authority of law in the light of the judgment of the Apex Court in the case of VIJAY MADANLAL CHOUDHARY & ORS. V/s UNION OF INDIA & ORS reported in 2022 SCC Online SC 929. Therefore, there is no warrant for the Enforcement Directorate to withhold the properties attached notwithstanding the discharge and the order of discharge becoming final. Sri. M. Unnikrishnan, learned CGC for the respondent seeks time upto 21.03.2025 to redeem the grievance of the petitioner. List the matter on 21.03.2025 in the 'fresh matters list'." - 4 - NC: 2025:KHC:11827 WP No. 19 of 2025 4. It is an admitted fact that the petitioner has been discharged in the predicate offence and he would fall within those illustrations of the Apex Court as held in the case of VIJAY MADANLAL CHOUDHARY & ORS. V. UNION OF INDIA1. 5. The issue in the lis is with regard to attachment of the property of registering a Enforcement Case Information Report (ECIR) against the petitioner. 6. In the light of the discharge of the petitioner in the predicate offence and it becoming final as on date, learned counsel, Sri. Unnikrishnan M., representing the Enforcement Directorate on instructions would submit that the attached property would be released in favour of the petitioner, if reasonable time would be granted. 7. Therefore, I deem it appropriate to dispose the petition directing the respondent - Enforcement Directorate to 1 2022 SCC OnLine 929 - 5 - NC: 2025:KHC:11827 WP No. 19 of 2025 de-attach the property and release it in favour of the petitioner within 3 weeks from the date of receipt of a copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 19