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2025 DAILYLAW 56307 (KAR)

KOTRESH H K .A.S v. KARNATAKA INFORMATION COMMISISON

WP/56099/2016 · 2025-10-13

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40235 WP No. 56099 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.56099 OF 2016 (GM-RES) BETWEEN: 1. KOTRESH H., K .A.S S/O HALAPPA B. AGED 37 YEARS R/AT 1214 /17/52, 4TH MAIN 'E' BLOCK, 2ND STAGE, RAJAJINAGAR BENGALURU - 560010. …PETITIONER (BY SMT. SUMANA BALIGA M., ADVOCATE) AND: 1. KARNATAKA INFORMATION COMMISISON 2ND FLOOR, M.S. BUILDING BENGALURU - 560001. ALSO HAVING ITS 2ND UNIT AT MYTHIC SOCIETY OPPOSITE YAVANIKA NRUPATUNGA ROAD, BENGALURU - 560001. REPRESENTED BY ITS SECRETARY. 2. MANJUNATH K. AGE: MAJOR, # 474, 12TH WARD HARIJANA COLONY, DEVANAHALLI TOWN Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40235 WP No. 56099 of 2016 BANGALORE RURAL DIST BENGALURU - 562110. 3. PRINCIPAL SECRETARY REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA M S BUILDING DR. AMBEDKAR ROAD, BENGALURU - 560001. 4. ACCOUNTANT GENERAL (A & E) NEW BUILDING PAK HOUSE HOLD KARNATAKA BANGALORE - 560001 NEW BUILDING PARK HOUSE HOLD KARNATAKA BENGALURU -560001. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R3 AND R4; SRI. G.B. SHARATH GOWDA, ADVOCATE FOR R1; R2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SUMMONS DATED 12.06.2015 ISSUED BY R-1 AT ANNEXURE-E; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:40235 WP No. 56099 of 2016 ORAL ORDER In this writ petition, the petitioner has challenged the summons dated 12.06.2015 (Annexure-E), Order dated 06.07.2015 (Annexure-F) and Order dated 16.09.2015 (Annexure-G), Order dated 25.02.2016 (Annexure-J) and Order dated 31.05.2016 (Annexure- K), issued by the respondent No.1 and also sought for direction to quash the impugned direction vide Annexure-M, dated 31.08.2016 issued by the respondent No.3 to respondent No.4 and the order dated 08.09.2016 (Annexure-N). 2. Heard the learned counsel appearing for the parties. 3. It is forthcoming from the writ petition that the respondent No.2 has sought for certain documents under the Right to Information Act, before Tahsildar, Mini Vidhanasouda, Hosakote Taluk,. Perusal of the - 4 - HC-KAR NC: 2025:KHC:40235 WP No. 56099 of 2016 writ petition and the submission made by the learned counsel for the petitioner would indicate that the impugned proceedings have been initiated against the petitioner herein, without granting fair opportunity to the petitioner herein. It is also to be noted that pursuant to the direction issued by the respondent- authorities, the petitioner herein was suspended, however the said notice has been issued to him thereafter. In that view of the matter, taking into consideration the factual aspects on record, I am of the view that, it is open for the petitioner and the respondent No.2 to appear before the respondent No. 1 on 17.11.2025 at 11.00 a.m., and thereafter the respondent No.1 is directed to take decision in the matter after providing an opportunity of hearing to the petitioner as well as respondent No.2. - 5 - HC-KAR NC: 2025:KHC:40235 WP No. 56099 of 2016 With this observation, the writ petition is disposed of by quashing the impugned orders at Annexures-E to G, J, K, M and N passed by respondent No.1 and respondent No.2 respectively. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 37