- 1 - HC-KAR NC: 2025:KHC:50748 WP No. 35837 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35837 OF 2025 (GM-RES) BETWEEN: SRI. M. THYAGARAJ S/O LATE D.M. MUNIRAJAPPA AGED ABOUT 70 YEARS (RTD) DEPUTY CONTROLLER KARNATAKA STATE ACCOUNTS AND AUDIT DEPARTMENT R/AT NO.62, II MAIN ROAD, BINNY LAYOUT, III STAGE, ATHIGUPPE, VIJAYANAGAR II STAGE BENGALURU - 560 040. &PETITIONER (BY SRI. VIJAYA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT (ADMN AND ADVANCES) VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (NOW GRATER BENGALURU AUTHORITY) N.R.SQUARE, BENGALURU - 560 002. 3. THE PRINCIPAL DIRECTOR KARNATAKA STATE ACCOUNTS AND AUDIT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50748 WP No. 35837 of 2025 DEPARTMENT, NGO COLONY, WILSON GARDEN, BENGALURU - 560 027 &RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 AND R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS IN SO FAR AS THE PETITIONER IS CONCERNED AND PURSUANT TO THE IMPUGNED SANCTION FOR PROSECUTION ORDER BEARING NO. AA E 318 RA LE PA 2023/835 DATED 13.09.2023 ISSUED BY THE R1 (VIDE ANNX-H). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs: (i) To call for the records relating to issue of the impugned sanction for prosecution bearing No.Aa E 318 Ra Le Pa. 2023/835 dated 13.09.2023 issued by 1st respondent (vide Annexure-H) and after perusal set aside the same; and (ii) To pass such other order as this Hon'ble Court deems fit in the facts and circumstances of the case. - 3 - HC-KAR NC: 2025:KHC:50748 WP No. 35837 of 2025 3. The submission of learned counsel for the petitioner is that in terms of the order dated 21.04.2023 in W.P.No.19387/2022 and other connected matters, the petitioner is the third petitioner in W.P.No.19445/2022, the earlier prosecution having been quashed, the Co- ordinate bench of this Court had categorically observed that in the event of the prosecution seeking sanction within 3 months from the date of the order, the competent authority shall consider the same and pass appropriate orders in accordance with law within three months from the date of receipt of such requisition. The said order having been passed on 21.04.2023, it was required for the prosecution to have sought for sanction by 20.07.2023, however, perusal of Annexure-H indicates that the requisition has been sent on 19.08.2023, a month after the last date fixed by a Co-ordinate bench of this Court. 4. In that view of the matter, the indulgence which had been extended by this Court vide Order dated 21.04.2023 was not available to the prosecution to seek for such sanction - 4 - HC-KAR NC: 2025:KHC:50748 WP No. 35837 of 2025 and the sanction could not have been awarded by respondent No.1. 5. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. ii. The sanction of prosecution bearing No.Aa E 318 Ra Le Pa. 2023/835 dated 13.09.2023 at Annexure-H is set aside. iii. Respondent No.1 is directed to take such action as may be necessary against the persons who are responsible for delayed processing of the sanction in violation of the order dated 21.04.2023 in W.P.No.19387/2022 and other connected matters. iv. A report to that effect could be filed within 4 weeks from the date of receipt of a copy of this order by respondent No.1. Sd/- (SURAJ GOVINDARAJ) JUDGE rv List No.: 1 Sl No.: 20