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2025 DAILYLAW 91530 (KAR)

THE KARNATAKA v. THE STATE OF KARNATAKA

WP/10712/2023 · 2025-07-16

S G Pandit, T M Nadaf

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26463-DB WP No. 10712 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.10712 OF 2023 (S-KSAT) BETWEEN: 1. THE KARNATAKA LOKAYUKTA, REP. BY ITS REGISTRAR, M.S.BUILDING, BENGALURU-560001. 2. THE ADDITIONAL REGISTRAR (ENQUIRIES-10), KARNATAKA LOKAYUKTA, BENGALURU-560001. …PETITIONERS (BY SRI.VENKATESH.S.ARBATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26463-DB WP No. 10712 of 2023 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN-573201. 3. SRI. V.MANJUNATHA, S/O LATE VEERANNA K AGED ABOUT 50 YEARS, OCC: TAHSILDAR (ELECTION) OFFICE OF THE DEPUTY COMMISSIONER, HASSAN, R/AT 12, 1ST FLOOR HIMS QUARTERS HASSAN-573201. …RESPONDENTS (BY SRI. V.SHIVAREDDY, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION IN THE NATURE OF A WRIT THEREBY QUASHING THE ORDER DATED 24.01.2019 PASSED BY THE KAT AT BENGALURU IN A.No-620/2017 AS PER ANNEXURE-A THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:26463-DB WP No. 10712 of 2023 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Though the matter is listed for orders, the same is taken up for disposal with the consent of learned counsel appearing for the petitioners as well as learned Additional Government Advocate, who took notice for respondent Nos.1 and 2. 2. This writ petition is directed against the order dated 24.01.2019 in Application No.620/2017 on the file of Karnataka State Administrative Tribunal at Bengaluru, by which, the order of entrustment of enquiry dated 04.03.2016 passed by the State and consequential Articles of Charge dated 26.09.2016 (Annexure-A5) are quashed with liberty to the State Government to pass an appropriate order keeping in mind the observation made by the Tribunal. 3. Admittedly, the State Government has not challenged the impugned order. Hence, the petitioners- Lokayuktha Authorities are before this Court. 4. The order of entrustment passed by the State Government is quashed and remitted back to the Government, - 4 - HC-KAR NC: 2025:KHC:26463-DB WP No. 10712 of 2023 on the ground that the State has not applied its mind to the material on record. In the said circumstances, this Court in an identical facts situation has held that in the absence of challenge to the impugned order by the State, the writ petition filed by the Lokayuktha Authorities is not maintainable. 5. Following the decision in W.P.No.9065/2022 dated 26.09.2024, the present writ petition also stands dismissed. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE SMJ List No.: 1 Sl No.: 10