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2025 DAILYLAW 61663 (KAR)

SABANNA S/O. GALEPPA PUJARI v. THE UNDER SECRETARY

WP/105669/2025 · 2025-08-13

S Sunil Dutt Yadav, Vijaykumar A Patil

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10175-DB WP No. 105669 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 105669 OF 2025 (GM-KLA) BETWEEN: SABANNA S/O. GALEPPA PUJARI, AGE: 59 YEARS, OCC: CHIEF OFFICER, PATTAN PANCHAYAT, CHINCHALI, TQ. RAIBAG, DIST. BELAGAVI, R/O. AMBEDKAR NAGAR, DURGADEVI TEMPLE, NEAR NIRVANI HOSPITAL, GOKAK-591307, TQ. GOKAK, DIST. BELAGAVI. …PETITIONER (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE UNDER SECRETARY, THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, (MUNICIPAL ADMINISTRATION-2 & COUNCIL), VIKAS SOUDHA, BANGALORE-560001. 2. THE DIRECTOR, MUNICIPAL ADMINISTRATION, 9TH FLOOR, VISHWESHWARAIH TOWER, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 3. THE ADDITIONAL REGISTRAR INQUIRIES-1, KARNATAKA LOKAYUKTA BENGALURU, M. S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10175-DB WP No. 105669 of 2025 4. THE UPA-LOKAYUKTA-2, STATE OF KARNATAKA, M. S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 5. THE DEPUTY COMMISSIONER, BELAGAVI-590001, DIST. BELAGAVI. 6. THE PROJECT DIRECTOR, DISTRICT URBAN DEVELOPMENT CELL, OFFICE OF THE DEPUTY COMMISSIONER, BELGAVI-590001. 7. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, CHINCHALI-591217, TQ. RAIBAG, DIST. BELAGAVI. …RESPONDENTS (BY SRI. V. S. KALASURMATH, AGA FOR R1, R2 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ARTICLES OF CHARGE BEARING NO.UPLOK- 2/DE/140/2024/ARE-17 DATED 27.05.2025 SUBMITTED BY THE 4TH RESPONDENT AS PER ANNEXURE-A, IN SO FAR AS PETITIONER IS CONCERNED AND ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER BEARING NO.NAAE14DMK2024, BENGALURU DATED 04.10.2024 PASSED BY THE 1ST RESPONDENT, IN SO FAR AS ENTRUSTING THE MATTER TO 3RD RESPONDENT AS ENQUIRY OFFICER AS PER ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:10175-DB WP No. 105669 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The petitioner has assailed the articles of charges framed by the Lokayukta at Annexure-A as well as the order of entrustment at Annexure-B. 2. Several contentions have been raised by the petitioner challenging the impugned proceedings as made out in the prayer referred to above on the ground that no cases made out. Noticing that the stage of the proceedings against the petitioner is still at the stage of articles of charges having been framed, it would not be appropriate to enter into adjudication and prejudge the case at this stage. 3. All contentions of the petitioner as raised in the present writ petition including contention regarding absence of jurisdiction to take note of a complaint after expiry of 5 years in terms of Section 8(2)(d) of the Karnataka Lokayukta Act, 1984 are kept open to be raised - 4 - HC-KAR NC: 2025:KHC-D:10175-DB WP No. 105669 of 2025 before the authority at an appropriate stage. The writ petition is disposed off. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 1 Sl No.: 20