- 1 - HC-KAR NC: 2025:KHC:34851 WP No. 2854 of 2024 C/W WP No. 4008 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 2854 OF 2024 (LB-RES) C/W WRIT PETITION NO. 4008 OF 2024 (LB-RES) IN WP No. 2854/2024 BETWEEN: 1. DANANJAYA, S/O PADAMARAJ, AGED ABOUT 38 YEARS, R/AT 2-12-1, SHREE LAKSHMI HOUSE, ARKULA THUPPEKALLU, ARKULA VILLAGE, FARANGIPET, MANGALURU TALUK, D.K DISTRICT - 574 143. 2. PRATIMA RAI W/O PUSHPARAJ RAJ, AGED ABOUT 41 YEARS, R/AT 3-11, MOODADYAR GUTHU HOUSE, ADYAR KEELE, ADYAR VILLAGE AND POST, PADIL, MANGALURU TALUK, D K DISTRICT - 575 007. 3. ASHALATHA W/O CHANDRA NAIK, AGED ABOUT 44 YEARS, R/AT #2-2023, HIMAGIRI ARKULA THUPPEKALLU HOUSE, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34851 WP No. 2854 of 2024 C/W WP No. 4008 of 2024 ARKULA VILLAGE FARANGIPETE POST, MANGALURU, D.K DISTRICT 574 143 …PETITIONERS (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, URVA STORES, ASHOKNAGAR POST, MANGALURU - 575 001. 3. EXECUTIVE OFFICER TALUK PANCHAYAT, MANGALURU - 575 001. 4. TEH DIRECTOR COMMISSIONERATE OF PANCHAYAT RAJ, STONE BUILDING, KALIDASA ROAD, K.G ROAD JUNCTION, BENGALURU 560 009. 5. THE PANCHAYAT DEVELOPMENT OFFICER, ADYARA, MANGALURU TALUK, DAKSHIN KANNADA-575001. …RESPONDENTS (BY SRI. KENCHEGOWDA H.K., AGA FOR R1 & R4, SRI. SHARANJITH SHETTY K., ADV. FOR R2,R3 & R5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 3 - HC-KAR NC: 2025:KHC:34851 WP No. 2854 of 2024 C/W WP No. 4008 of 2024 QUASH THE CORRESPONDENCE DATED 12/10/2022 VIDE LETTER NO. KPRC/GPA/142/2021/DD2 ADDRESSED BY R4 IN FAVOUR OF R2 CALLING UPON HIM TO TAKE ACTION, THE DIRECTION DATED 26/12/2022 ADDRESSED BY THE R4 IN FAVOUR OF R2 VIDE LETTER NO. KPRC/GPA/142/2021/DD2, THE ORDER DATED 11/04/2023 PASSED BY THE R2 VIDE NO. DKZP/ADMN.PAMAA/CR/191/2019-20 (A2) APPOINTING RETIRED DISTRICT AND SESSIONS JUDGE AS ENQUIRY OFFICER, THE ENQUIRY REPORT DATED 03/07/2023 SUBMITTED BY THE ENQUIRY OFFICER, DIRECTION DATED 27/11/2023 BEARING NO. DAKAGIPA/ADMIN/PAMAAAA/CR/191/2019-20(A2) ISSUED BY THE R2 TO THE R5, THE DIRECTION DATED 18/12/2023 BEARING NO. TAPANMU/COMPLAINT/CR-1/2022-23 (A2) ISSUED BY R3 TO R5 AND THE DIRECTION DATED 27/12/2023 BEARING NO. KPRC/GPA/142/2021/DD2-489638 ISSUED BY THE R4 TO THE R2, VIDE ANNEXURE-A TO G AND ETC. IN WP NO. 4008/2024 BETWEEN: SMT SAVITHA W/O JAGADISH ITHAL K AGED ABOUT 52 YEARS R.AT NO # 1-51, UNIVERSITY ROAD KANDOOR KATTE HOUSE, NAGRI POST, SAJIPAMUDA, SAJIPAMUDU, BANTWAL, DAKSHINA KANNADA DISTRICT - 574 231. ...PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M S BUILDING DR. B R AMBEDKAR VEEDHI BENGALURU - 560001 REP. BY ITS PRINCIPAL SECRETARY - 4 - HC-KAR NC: 2025:KHC:34851 WP No. 2854 of 2024 C/W WP No. 4008 of 2024 2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYT, URVA STORES, ASHOKNAGAR POST, MANGALURU - 575 001. 3. EXECUTIVE OFFICER TALUK PANCHAYAT MANGALURU - 575 001. 4. THE DIRECTOR COMMISSIONERATE OF PANCHAYAT RAJ DEPARTMENT OF PANCHAYAT RAJ STONE BUILDING, KALIDASA ROAD, KG ROAD JUNCTION, BENGALURU – 560009. 5. THE PANCHAYAT DEVELOPMENT OFFICER ADYARA, MANGALURU TALUK, DAKSHIN KANNADA-575001. ...RESPONDENTS (BY SRI. KENCHEGOWDA H.K., AGA FOR R1 & R4, SRI. SHARANJITH SHETTY K., ADV. FOR R2,R3 & R5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CORRESPONDENCE DATED 12/10/2022 VIDE LETTER NO. KPRC/GPA/142/2021/DD2 ADDRESSED BY R4 IN FAVOUR OF R2 CALLING UPON HIM TO TAKE ACTION, THE DIRECTION DATED 26/12/2022 ADDRESSED BY R4 IN FAVOUR OF R2 VIDE LETTER NO. KPRC/GPA/142/2021/DD2, THE ORDER DATED 11/04/2023 PASSED BY THE R2 IDE NO. DKZP/ADMN/PAMAA/CR/191/2019-20 (A2) APPOINTING RETIRED DISTRICT AND SESSIONS JUDGE AS ENQUIRY OFFICER, THE ENQUIRY REPORT DATED 03/07/2023 SUBMITTED BY THE ENQUIRY OFFICER, DIRECTION AND THE DIRECTION DATED 27/12/2023 BEARING NO. KPRC/GPA/142/2021/DD2-489638 ISSUED BY THE R4 TO THE R2, VIDE ANNEXURE-A TO E AND ETC. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 5 - HC-KAR NC: 2025:KHC:34851 WP No. 2854 of 2024 C/W WP No. 4008 of 2024 ORAL ORDER The petitioners were working in various capacities in respondent No.5 - panchayat. During their tenure there have been certain allegations made in respect of fraud being played by some private persons in collusion with certain officials of respondent No.5 - Panchayat in respect of issuance of Form No.9 and 11A regarding the property bearing survey No.23/50 measuring 25 cents at Arkula Village and also property bearing survey No.23/51 measuring 10 cents in the same village, both belonging to one Sri John Saldanha. This has resulted in a decision being taken by the authorities concerned to initiate a departmental enquiry as well as a criminal case against the accused persons guilty of it. Aggrieved by the same, the petitioners have filed the instant writ petitions, contending that they are not guilty of the allegations made against them. 2. The petitioners in the present petitions have challenged the following: i. A letter written by the Director Administration-2, Panchayat Raj Department to the Chief Executive - 6 - HC-KAR NC: 2025:KHC:34851 WP No. 2854 of 2024 C/W WP No. 4008 of 2024 Officer, Zilla Panchayat, Dakshina Kannada, dated 12.10.2022 (Annexure-A to the writ petition). ii. A letter written by the Director Administration-2, Panchayat Raj Department to the Chief Executive Officer, Zilla Panchayat, Dakshina Kannada dated 26.12.2022 (Annexure-B to the writ petition). Both the above letters pertain to the enquiry being contemplated to be initiated by the department concerned and also appointment of a retired District and Sessions Judge for conduct of enquiry. iii. Resolution dated 11.04.2023 written by the Chief Executive Officer, Dakshina Kannada District, wherein it was decided to appoint one Sri Biluru Shankar Ram, a retired District and Sessions Judge, as the enquiry officer (Annexure-C to the writ petition). iv. A enquiry report dated 03.07.2023 wherein the aforementioned District and Sessions Judge has made a general enquiry as to whether irregularities have been committed in the office of the respondent No.5 - - 7 - HC-KAR NC: 2025:KHC:34851 WP No. 2854 of 2024 C/W WP No. 4008 of 2024 panchayat and has made certain recommendations and the same is dated 03.07.2023. It is noticed that the enquiry is not against a particular person, but only in respect of certain untoward incidents which happened in the office of respondent No.5 in respect of the properties concerned (Annexure-D to the writ petition). v. Based on the enquiry the Chief Executive Officer of Panchayat Department has written a letter to the Panchayat Development Officer of respondent No.5 which is dated 27.11.2023 (Annexure-E to the writ petition), wherein he has been directed to conduct necessary enquiry in respect of the alleged fraud. vi. A letter dated 20.12.2023 written by the Executive Officer, Taluk Panchayat, Mangaluru to the Panchayat Development Officer of respondent No.5 (Annexure-F to the writ petition), wherein a direction has been issued to initiate appropriate action under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 against the guilty persons. - 8 - HC-KAR NC: 2025:KHC:34851 WP No. 2854 of 2024 C/W WP No. 4008 of 2024 vii. A letter dated 27.12.023 written by the Director (Administration-2), Panchayat Raj Department to the Chief Executive Officer, Zilla Panchayat, Dakshina Kannada (Annexure-G to the writ petition), wherein a criminal case is directed to be registered against the guilty persons including the petitioners herein. 3. The aforementioned correspondences/orders reveal that there has been an allegation made alleging fraud in issuance of Form No.9 and 11A in respect of the property which is the subject matter of the writ petitions by certain officers of respondent No.5 - Panchayat. Pursuant to the same, a preliminary enquiry has been conducted without making any specific allegations against anybody and after obtaining the report action is sought to be initiated against the petitioners by way of both departmental enquiry as well as by filing a criminal complaint. The respondent authorities if they are of the opinion that the petitioners are guilty of the allegations made, they are well within their rights to initiate appropriate disciplinary proceedings as well as file a criminal complaint if they are of the opinion that the actions of the petitioners requires initiation of criminal proceedings against them. It is always open for the - 9 - HC-KAR NC: 2025:KHC:34851 WP No. 2854 of 2024 C/W WP No. 4008 of 2024 petitioners to defend themselves in the departmental enquiry to be initiated against them or the criminal proceedings. 4. Admittedly, no departmental enquiry has been initiated against the petitioners sofar. Similarly, no criminal proceedings are registered against the petitioners sofar. 5. Under the circumstances, the question of setting aside the correspondences/orders as prayed for in the writ petition does not arise. Hence, the writ petitions are hereby dismissed. Sd/- (M.I.ARUN) JUDGE PNV List No.: 1 Sl No.: 16