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2025 DAILYLAW 41362 (KAR)

THE REGISTRAR v. SHRI.M. MAHANTESHAPPA.K

WP/11363/2023 · 2025-11-13

B M Shyam Prasad, T M Nadaf

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- 1 - HC-KAR NC: 2025:KHC:46271-DB WP No. 11363 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 11363 OF 2023 (S-KSAT) BETWEEN: 1. THE REGISTRAR KARNATAKA LOKAYUKTA M S BUILDING, BENGALURU-560001. REP. BY ITS REGISTRAR. 2. ADDITIONAL REGISTRAR OF ENQUIRIES-10 KARNATAKA LOKAYUKTA M S BUILDING, BENGALURU-560001. REP. BY ITS REGISTRAR. …PETITIONERS (BY SRI. MALLIKARJUN REDDY K S.,ADVOCATE) Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46271-DB WP No. 11363 of 2023 AND: 1. SHRI.M. MAHANTESHAPPA.K S/O MUDDAVEERAPPA AGED ABOUT 59 YEARS, JOINT DIRECTOR OF AGRICULTURE PUBLIC OFFICE BUILDINGS NEW SAYAJI RAO ROAD MYSURU-570001. R/A 2291, 3RD CROSS VIJAYANAGAR II STAGE, MYSURU-570017. 2. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE M S BUILDING, BENGLURU-560001. 3. THE COMMISSIONER DEPARTMENT OF AGRICULTURE M S BUILDING, BENGALURU-560001. …RESPONDENTS (BY SRI. SHANTHARAJU., ADVOCATE FOR R1; SRI. V. SHIVAREDDY., AGA FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT ORDER OR DIRECTION IN THE NATURE OF A WRIT THEREBY QUASHING THE ORDER DATED - 3 - HC-KAR NC: 2025:KHC:46271-DB WP No. 11363 of 2023 06.07.2017 PASSED BY THE KSAT AT BENGALURU IN A.No.4858/2015 AS PE ANNEXURE-A THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The petitioners are aggrieved by the order dated 06.07.2017 in Application No.4858/2015 on the file of the Karnataka State Administrative Tribunal, Bengaluru [for short, 'the Tribunal']. The first respondent has successfully prosecuted his application in No.4858/2015 with the Tribunal allowing the application quashing the order of entrustment dated 05.12.2014 and the article of charges dated 31.01.2015. The action against the first respondent is because of the alleged irregularities in purchasing - 4 - HC-KAR NC: 2025:KHC:46271-DB WP No. 11363 of 2023 pesticides while in employment with the Department of Agriculture. The imputation relates to the year 2004-05. The Tribunal has intervened observing that the proceedings are initiated only in the year 2014. This Court must consider whether there must be interference with the Tribunal's order notwithstanding the delay not just in the initiation of the proceedings but also calling in question the Tribunal's order. The allegations, as aforementioned, and the report by the petitioners under Section 12(3) of the Karnataka Lokayukta Act, 1984 [for short, 'the Lokayukta Act'], which is the reason for entrustment vide order dated 05.12.2014, are of the year 2004-05. This entrustment could be immediately after this report under the Lokayukta Act, but it is definitely over ten years after the alleged irregularities. Crucially, the petitioners have challenged the Tribunal's order after a lapse of six years, and this - 5 - HC-KAR NC: 2025:KHC:46271-DB WP No. 11363 of 2023 Court finds this fatal for interference in the present petition. This Court is of the view that the delay in challenging the Tribunal's order must definitely be held against the petitioners. As such, the petition stands rejected. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE SA ct:sr