- 1 - HC-KAR NC: 2025:KHC:48030-DB WP No. 17327 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 17327 OF 2025 (S-KSAT) BETWEEN: KARNATAKA LOKAYUKTA, REPRESENTED BY ITS REGISTRAR, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560001. …PETITIONER (BY SRI. JOSEPH ANTHONY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560 001. 2. SRI. K. NARASIMHAMURTHY, S/O KADIREPATHI NAIK, AGED ABOUT 52 YEARS, MUNICIPAL COMMISSIONER (KMAS) CITY MUNICIPAL COUNCIL, HEBBAGODI, ANEKAL TALUK, BANGALORE URBAN DISTRICT R/AT 65, 5TH MAIN ROAD, Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48030-DB WP No. 17327 of 2025 PADMANABHA NAGAR, BANGALORE - 560 070. …RESPONDENTS (BY SRI. VIKAS ROJIPUR, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION IN THE NATURE OF A WRIT THEREBY QUASHING THE ORDER DATED FEBRUARY 22, 2021 PASSED BY THE KSAT AT BENGALURU IN APPLICATIONS No. 2578/2018 AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE T.M.NADAF) The Karnataka Lokayukta - respondent No.2 in Application No.2578/2018 is in petition under Articles 226 and 227 of the Constitution of India, calling in question the Order dated 22.02.2021 passed by the Karnataka State Administrative Tribunal at Bengaluru, (‘Tribunal’ for short). The Tribunal by the impugned order stated supra allowed - 3 - HC-KAR NC: 2025:KHC:48030-DB WP No. 17327 of 2025 the application and set-aside the order of entrustment dated 21.12.2017 (Annexure-A7). 2. The parties are referred to as per their rankings before the Tribunal. 3. A brief outline of facts leading to filing of the present petition are as under:- The applicant was working as Municipal Commissioner, City Municipal Council, Hebbagodi. He has approached the Tribunal in Application No.2578/2018, calling in question the order of entrustment passed by the Government on the premise that the Karnataka Lokayukta has failed to consider that before proceeding further on the allegations contained in the complaint, in view of Section 8(1)(a) of the Karnataka Lokayukta Act, 1984 (for short 'the Act of 1984') appraise the complainant to avail the alternative, efficacious remedy available under the Act if the complainant is aggrieved by the notice issued by the application calling upon him to furnish in writing the undertaking in respect of four feet passage before taking any - 4 - HC-KAR NC: 2025:KHC:48030-DB WP No. 17327 of 2025 action on the request of the complainant in terms of his application. The applicant has issued notice while discharging his public office and the same cannot be termed as misconduct. In these circumstances, the report by the Lokayukta to the Government without resorting to Section 8(1)(b) of Act of 1984 is unsustainable in law. The Government upon report of Lokayukta, without any application of mind, proceeded to entrust the matter under Rule 14-A of the Karnataka Civil Service (Classification, Control and Appeal) Rules, 1957 (‘CCA Rules, 1957’ for short). In these circumstances the order of entrustment is not sustainable in law. 4. Upon notice, the respondent State as well as Lokayukta appeared before the Tribunal and opposed the application. 5. The Tribunal upon consideration of the entire material placed before it and after hearing the rival submissions of learned counsel for the respective parties, came to a conclusion that the Karnataka Lokayukta has - 5 - HC-KAR NC: 2025:KHC:48030-DB WP No. 17327 of 2025 failed to observe the provisions contained in Section 8(1)(b) of the Act of 1984 and forwarded the report, as such the same is untenable in law and relying on the decision stated at Paragraph No.4 of its order, proceeded to allow the application quashing the impugned order of entrustment, by its order dated 22.02.2021. It is this order passed by the Tribunal, is called in question by Karnataka Lokayukta belatedly by four years four months. 6. Heard Sri.Joseph Anthony, learned counsel for the petitioner and Sri.Vikas Rojipura., learned Additional Government Advocate for respondent No.1. Perused the entire writ petition papers. 7. On a query regarding the explanation for the delay caused in filing the writ petition belatedly by four years four months, Mr.Anthony is unable to place any suggestible/palpable explanation for the delay caused in filing the petition belatedly. In these circumstances, the writ petition is hit not only by delay but by laches too. The doctrine of delay and laches should not be brushed aside - 6 - HC-KAR NC: 2025:KHC:48030-DB WP No. 17327 of 2025 lightly. The writ Court, while exercising the power under Article 226 is called upon to weigh the explanation offered and the acceptability of the same, since the pivotal amplification is, it is exercising an extraordinary jurisdiction. 8. The petitioner is not an exception to the case, when there is delay and laches in approaching the Court, than a citizen - party/litigant. The delay does bring in hazard and causes injury to the lis as the delay defeats all the rights. On scrutiny of the entire case papers, we find no reason to condone the enormous delay. This Court, if it ignores the obvious and enormous delay, will foster injustice, as it is likely to affect others. A finality attained cannot be permitted to be reopened if there is unreasonable lapse of time. The unexplained delay of four years four months is fatal to the petition. On this count alone, the writ petition is liable to be rejected and is accordingly, rejected. - 7 - HC-KAR NC: 2025:KHC:48030-DB WP No. 17327 of 2025 In view of disposal of writ petition, pending I.A if any, shall stand disposed of. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE TKN/List No.: 2 Sl No.: 4