- 1 - HC-KAR NC: 2025:KHC:54421 WP No. 35730 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35730 OF 2025 (GM-RES) BETWEEN: SRI. M. THYAGARAJ S/O LATE D. M. MUNIRAJAPPA AGED ABOUT 70 YEARS (RTD) DEPUTY CONTROLLER KARNATAKA STATE ACCOUNTS AND AUDIT DEPARTMENT R/AT NO.62, II MAIN ROAD, BINNY LAYOUT, III STAGE, ATHIGUPPE, VIJAYANAGAR II STAGE BENGALURU -560 040 SENIOR CITIZEN BENEFIT NOT CLAIMED …PETITIONER (BY SRI. VIJAYA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT (ADMN AND ADVANCES) VIDHANA SOUDHA, BENGALURU-560 001 2. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (NOW GRATER BENGALURU AUTHORITY) N.R.SQUARE, BENGALURU-560 002 3. THE PRINCIPAL DIRECTOR KARNATAKA STATE ACCOUNTS AND AUDIT DEPARTMENT, NGO COLONY, WILSON GARDEN, BENGALURU-560027 …RESPONDENTS (BY SMT.SARITHA KULKARNI, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO ISSUE OF THE IMPUGNED SANCTION FOR Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54421 WP No. 35730 of 2025 PROSECUTION BEARING NO. AA E 320 RA LE PA 2023 BANGALORE DATED 13.09.2023/835 ISSUED BY THE R1 (VIDE ANNX-H) AND AFTER PERUSAL SET ASIDE THE SAME. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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. To call for the records relating to issue of the impugned sanction for prosecution bearing no.Aa E 320 Ra Le Pa 2023 Bangalore dated 13.09.2023/835 issued by the R1 (vide Annx-H) and after perusal set aside the same. b. To pass such other order as this Hon'ble Court deems fit in the facts and circumstances of the case. 3. The submission of learned counsel for the petitioner is that in terms of the order dated 21.04.2023 passed in W.P.No.18890/2022 and other connected matters, the petitioner is the third petitioner in W.P.No.19032/2022, the earlier prosecution having been quashed, a Co-ordinate Bench of this Court has categorically observed that in the event of the - 3 - HC-KAR NC: 2025:KHC:54421 WP No. 35730 of 2025 prosecution seeking sanction within three months from the date of the order, the competent Authority shall consider the same and pass appropriate orders in accordance with law within three months from the date of receipt of such requisition. The said order having been passed on 21.04.2023, it was required for the prosecution to have sought for sanction by 21.07.2023, however, a perusal of Annexure-H indicates that the requisition has been sent on 19.08.2023, a month after the last date fixed by a Co-ordinate Bench of this Court. 4. In that view of the matter, the indulgence which had been extended by this Court vide Order dated 21.04.2023 was not available to the prosecution to seek for such sanction and the sanction could not have been awarded by respondent No.1. 5. In that view of the matter, I pass the following: - 4 - HC-KAR NC: 2025:KHC:54421 WP No. 35730 of 2025 ORDER i. The writ petition is allowed. ii. The sanction of prosecution bearing No.AaE.320.RaLePa.2023 dated 13.09.2023 at Annexure-H, is set aside. iii. Respondent No.1 is directed to take such action as may be necessary against the persons, who are responsible for delayed processing of the sanction in violation of the order dated 21.04.2023 in W.P.No.18890/2022 and other connected matters. iv. A report to that effect could be filed within four weeks from the date of receipt of a copy of this order by respondent No.1. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 48