- 1 - HC-KAR NC: 2025:KHC:42203-DB WP No. 45512 of 2018 C/W WP No. 7848 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 45512 OF 2018 (GM-KLA) C/W WRIT PETITION NO. 7848 OF 2019 (GM-KLA) IN WP No. 45512/2018 BETWEEN: SRI.I. BASAVARAJ S/O HALAPPA AGED ABOUT 46 YEARS WORKING AS CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, CHANNAGIRI, DAVANAGERE DISTRICT RESIDING AT TARALABALU LAYOUT, 10TH CROSS, DAVANAGERE. …PETITIONER (BY SRI. B.O ANIL KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVT. URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU-560 001. 2. THE HON'BLE UPALOKAYUKTA STATE OF KARNATAKA, MULTI STORIED BUILDINGS, BENGALURU-560 001 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42203-DB WP No. 45512 of 2018 C/W WP No. 7848 of 2019 REPRESENTED BY ITS REGISTRAR. 3. THE ADDL. REGISTRAR OF ENQUIRIES-9 OFFICE OF THE KARNATAKA LOKAYUKTA, MULTI STORIED BUILDINGS, BENGALURU-560 001. …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1, SRI. VENKATESH S ARABATTI, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH REPORT DATED 17.10.2017 OF HON'BLE UPALOKAYUKTA (R-2) U/S 12(3) OF KARNATAKA LOKAYUKTA ACT, 1984 (ANNEXURE-A). IN WP NO. 7848/2019 BETWEEN: SRI. I. BASAVARAJ S/O HALAPPA, AGED ABOUT 46 YEARS WORKING AS CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, CHANNAGIRI, DAVANAGERE DISTRICT RESIDING AT TARALABALU LAYOUT, 10TH CROSS, DAVANAGERE ...PETITIONER (BY SRI. B.O ANIL KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVT., URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001 2. THE HON'BLE UPALOKAYUKTA STATE OF KARNATAKA, MULTI STORIED BUILDINGS, BENGALURU-560 001 - 3 - HC-KAR NC: 2025:KHC:42203-DB WP No. 45512 of 2018 C/W WP No. 7848 of 2019 REPRESENTED BY ITS REGISTRAR 3. THE ADDL. REGISTRAR OF ENQUIRIES-3 OFFICE OF THE KARNATAKA LOKAYUKTA, MULTI STORIED BUILDINGS, BENGALURU-560 001. ...RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 SRI. K. PRASANNA SHETTY, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH REPORT DATED 9.11.2017 OF HON'BLE UPALOKAYUKTA (R-2) U/S 12(3) OF KARNATAKA LOKAYUKTA ACT, 1984 (ANNEXURE-A). THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present Writ Petition has been filed impugning the report bearing No.Compt/Uplok/BD-2832/2016/DRE-1 dated 17.10.2017 of the Hon'ble Upalokayukta under Section 12(3) of the Karnataka Lokayukta Act, 1984 (hereinafter referred to as 'the Act' for short) and the Order No.Na.Aa.E 147 DMK 2017 dated 15.12.2017 passed by the State Government/Disciplinary Authority entrusting the enquiry to the Lokayukta. The petitioner has also challenged the charge memo bearing - 4 - HC-KAR NC: 2025:KHC:42203-DB WP No. 45512 of 2018 C/W WP No. 7848 of 2019 No.UPLOK-2/DE/25/2018/ARE-9 dated 29.01.2018 issued by the Additional Registrar Enquiries-9, Karnataka Lokayukta. 2. The case of the petitioner is that he was working as a Chief Officer, Harapanahalli Town Municipal Council, Harapanahalli, Davanagere from 06.01.2014. One T. Sridhar S/o T. Uchangappa filed a complaint against the petitioner alleging that the land in Harapanahalli Hobli in Harapanahalli revenue village in Sy.No.143/E1 measuring 5 acres 32 guntas and Sy.No.143/E2 measuring 1 acre 82 guntas were acquired by the Assistant Commissioner of Hospet for Rs.52,177.85/- from one Kouti Rudrappa and one Nanjappa. The said lands were handed over to the Town Municipality on 27.07.1984. The Government has carved out 183 plots on the said land and some of which were sold. Approximately 37 plots remained unsold. After the layout was developed by the Government, the encroachments on the said layout were shown on the map. The complainant requested that the Town Municipality should take possession of the plots in the layout and remove unauthorized occupants and take legal action against the officials, who failed to take action in this regard. - 5 - HC-KAR NC: 2025:KHC:42203-DB WP No. 45512 of 2018 C/W WP No. 7848 of 2019 3. During the tenure of the petitioner as a Chief Officer of the Municipality, no vacant plots in the layout were sold. The petitioner was issued notice to respond to the allegations in the complaint and he filed his response. Finding the response of the petitioner to the allegations not convincing, the Superintendent of Police, Karnataka Lokayukta, Davanagere was ordered to conduct an investigation and to submit a report. The Superintendent of Police, in-charge, Karnataka Lokayukta, submitted the report stating therein that the land in Harapanahalli Hobli in Harapanahalli revenue village in Sy.No.143/E1 measuring 5 acres 32 guntas and Sy.No.143/E2 measuring 1 acre 82 guntas were acquired by the Assistant Commissioner of Hospet for Rs.52,177.85/- from one Kouti Rudrappa and one Nanjappa. In the year 1997, a Municipal Layout began with the preparation of map for 156 plots. However, the said process was halted because of the disputes from the land owners. Later, the said land was handed over to the town municipality on 21.07.1984 and in 1987, a layout map with 189 plots was prepared through private individuals by the town municipality. Out of 189 sites, 44 sites were to be - 6 - HC-KAR NC: 2025:KHC:42203-DB WP No. 45512 of 2018 C/W WP No. 7848 of 2019 auctioned and 139 sites were to be allotted through lottery and remaining 6 sites were to be given to the employees. Only 114 beneficiaries amongst the 139 who were selected in lottery paid the amount and sites were allotted to them with site numbers. As the other beneficiaries in the lottery did not deposit the amount, these remaining sites remained with the town municipality. The 6 staff members had been returned the money and thus, the total 31 sites/plots remained with the town municipality. 4. On considering the report submitted by the Enquiry Officer, the Upalokayukta was of the view that the petitioner had been negligent in duty as he had not taken any action it was recommended to initiate the disciplinary proceedings against him. 5. The Lokayukta had recommended for initiation of disciplinary proceedings against the petitioner under Section 14A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (for short 'the KCSRs). In pursuance to the said recommendation, the petitioner had been issued charge sheet dated 29.01.2018 for dereliction of duties. - 7 - HC-KAR NC: 2025:KHC:42203-DB WP No. 45512 of 2018 C/W WP No. 7848 of 2019 6. Considering the fact that the charge sheet has been issued, we are of the view that the petitioner should file reply to the charge sheet and participate in the departmental proceedings. Therefore, we dispose of this petition giving two weeks' time to the petitioner to file reply to the charge sheet and then participate in the disciplinary proceedings. If the petitioner files the reply to the charge sheet within a period of 15 days, the enquiry officer to conduct an enquiry expeditiously in accordance with law and conclude the same preferably within a period of three months. With the aforesaid direction, the writ petition is disposed off. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE HKV/RKA List No.: 1 Sl No.: 37