- 1 - HC-KAR NC: 2025:KHC:23318-DB WP No. 9515 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR.. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 9515 OF 2025 (GM-KLA) BETWEEN: SMT. BHARATHI A.N., W/O SUDHAKARA K.S., AGED ABOUT 49 YEARS, WORKING AS DISTRICT REGISTRAR, OFFICE OF THE DISTRICT REGISTRAR, GANDHINAGAR, BANGALORE – 560 092. …PETITIONER (BY SRI. PRITHVEESH M.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE (STAMPS AND REGISTRATION), M.S.BUILDING, BANGALORE – 560 001. 2. THE HON'BLE UPALOKAYUKTHA – 1, REPRESENTED BY ITS REGISTRAR, M.S.BUILDING, BANGALORE – 560 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23318-DB WP No. 9515 of 2025 3. THE ADDITIONAL REGISTRAR OF ENQUIRIES – 13, KARNATAKA LOKAYUKTHA, M.S.BUILDING, BANGALORE – 560 001. …RESPONDENTS (BY SMT. SHWETA KRISHNAPPA, AGA FOR R1; SRI. VENKATESH S ARBATTI, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO a) CALL FOR RECORDS FROM THE RESPONDENTS b) ISSUE A WRIT OR ORDER QUASHING THE IMPUGNED RECOMMENDATION/REPORT DATED 09/01/2025 BEARING NO.COMPLAINT/UPLOK/BCD- 4420/2023/ARLO-1 MADE BY THE 2ND RESPONDENT (ANNEXURE-A) AND ALL FURTHER PROCEEDINGS PURSUANT THERETO, INCLUDING THE ORDER DATED 24/02/2025 BEARING NO.KAME/4/MSE1/2025 PASSED BY THE 1ST RESPONDENT (ANNEXURE-E) AND GRANT ALL CONSEQUENTIAL BENEFITS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:23318-DB WP No. 9515 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This petition is filed challenging the report dated 09.01.2025 made by respondent No.2 at Annexure-A as well as the further proceedings including the order dated 24.02.2025 at Annexure-E. 2. Heard the learned counsel appearing for the petitioner, the learned AGA appearing for the respondent- State and the learned standing counsel for the respondents-Lokayukta. 3. The action of the Lokayukta as well as Annexure 'A'-report and Annexure 'E'-proceedings were challenged on the ground that they were violated the principles of natural justice and that the proceedings were initiated against the petitioner in violation of Section 9(3) of the Karnataka Lokayukta Act, 1984 ('the Act' for short). 4. This Court had granted an interim order on 01.04.2024, which reads as under:- - 4 - HC-KAR NC: 2025:KHC:23318-DB WP No. 9515 of 2025 "Heard learned counsel Sri Prithveesh.M.K for the appellant appearing through video conferencing and presses into service for consideration of the grounds urged in the writ petition and seeks to stay the operation, implementation and execution and all further proceedings pursuant to the impugned recommendation/report dated 09.01.2025 bearing No.Complaint/UPLOK/BCD- 4420/2023/ARLO-1 made by the 2nd respondent vide Annexure-A. Keeping in view the submission made by learned counsel for the parties, it is deemed appropriate to consider the grounds urged in the matter. Consequently, respondents shall not precipitate the order till the next date of hearing. Learned AGA and learned SPP Sri Venkatesh S.Arabatti shall file response to the writ petition." 5. The learned counsel appearing for the petitioner specifically contends that the petitioner was never put on notice or heard before the action had been initiated against her. 6. A memo has been placed on record on behalf of respondents No.2 and 3 by their counsel stating that the Annexure 'A' - report under Section 12(3) of the Act, refers to the proceedings against the petitioner by name. However, notices dated 12.09.2023 and 19.02.2024, that is, Annexures 'C' and 'D' have been issued to the District Registrar, Gandhinagar only by designation and that the - 5 - HC-KAR NC: 2025:KHC:23318-DB WP No. 9515 of 2025 replies, that is, Annexures 'C1' and 'D1' have been submitted by the then serving District Registrar, Gandhinagar. It is therefore stated that without admitting the contents of the Writ Petition including about non- service of notice, respondents No.2 and 3 will grant another opportunity to the Writ Petitioner in the matter in terms of Section 9(3) of the Act. 7. The said submissions are recorded. 8. Annexures 'A' and 'E', insofar as it affects the Writ Petitioner are hereby set aside. The respondents shall issue fresh notice to the petitioner herein and take appropriate action in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE RKA/cp* List No.: 1 Sl No.: 41