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2025 DAILYLAW 71576 (KAR)

MR.(DR) KSHITHIJA URS v. UNION OF INDIA

WP/26213/2025 · 2025-10-16

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41357 WP No. 26213 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26213 OF 2025 (GM-FE) BETWEEN: MR. (DR.) KSHITHIJA URS, S/O NANJARAJE URS, AGED ABOUT 51 YEARS, R/AT NO.25, 12TH MAIN, J P NAGAR, 7TH PHASE, BENGALURU-560 078. …PETITIONER (BY SRI MONICA PATIL, ADVOCATE) AND: 1. UNION OF INDIA, MINISTRY OF FINANCE, NORTH BLOCK, CABINET SECRETARIAT, RAISINA HILL, NEW DELHI-110 001. REP. BY ITS SECRETARY. 2. ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA (ADJUDICATION), 6TH FLOOR, LOK NAYAK, BHAWAN, KHAN MARKET, DELHI-110003, REP. BY THE SPECIAL DIRECTOR. 3. THE SPECIAL DIRECTOR, OFFICE OF THE SPECIAL DIRECTOR OF ENFORCEMENT, ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA, 6TH FLOOR, LOK NAYAK, BHAWAN, KHAN MARKET, DELHI-110 003. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41357 WP No. 26213 of 2025 4. ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, BENGALURU-560027 …RESPONDENTS (BY SRI UNNIKRISHNAN M, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT THEREBY QUASHING THE NOTICE DATED 04.08.2025 BEARING NO. T- 4/SRO/SDE/BGZO/01/2020 ISSUED BY THE RESPONDENT NO. 3 AND ALL SUCH CONSEQUENT PROCEEDINGS WITH RESPECT TO THE PETITIONER (ANNEXURE A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. "Issue a writ of Certiorari or any other writ thereby quashing the Notice dated 04.08.2025 bearing No. T- 4/SRO/SDE/BGZO/01/2020 issued by the Respondent No. 3 and all such consequent proceedings with respect to the petitioner (Annexure A). b. Grant such other reliefs as this Hon'ble court deems fit in the above circumstances of the case, in the interests of justice and equity." 2. The impugned show-cause notice at Annexure-A has been issued in pursuance of earlier show-cause notice No.T-4/SRO/SDE/BGZO/01/2020 dated 25.02.2020. The said show-cause notice had been - 3 - HC-KAR NC: 2025:KHC:41357 WP No. 26213 of 2025 quashed by a Co-ordinate Bench of this Court vide order dated 06.12.2024 in WP No.1418 of 2021. 3. In that view of the matter, a show-cause notice could not have been issued under a show-cause notice which had already been quashed. As such, I pass the following, ORDER i. The writ petition is allowed. ii. A certiorari is issued, notice dated 04.08.2025 bearing No.T-4/SRO/SDE/BGZO/01/2020 issued by Respondent No.3 at Annexure-A is quashed. iii. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 64