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2026 DAILYLAW 16365 (KAR)

THE ADDITIONAL REGISTRAR OF ENQUIRES-3 v. STATE OF KARNATAKA

WP/9763/2023 · 2026-04-25

K V Aravind, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23088-DB WP No. 9763 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 9763 OF 2023 (S-KSAT) BETWEEN: THE ADDITIONAL REGISTRAR OF ENQUIRES-3 KARNATAKA LOKAYUKTA M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI, BANGALORE – 560001. …PETITIONER (BY SRI. H.D. KUMAR, ADV. FOR SRI VENKATESH S ARBATTI, ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO THE DEPARTMENTAL AND PERSONAL AND ADMINISTRATION REFORMS (SERVICE) VIDHANA SOUDHA, BANGALORE – 560001. 2. SRI. M.A. RAJASHEKAR, AGED ABOUT 61 YEARS, S/O ANNEGOWDA, R/O MALLANDUR VILLAGE AND POST, TALUK AND DISTRICT CHIKKAMAGALUR-577101. …RESPONDENTS (BY SRI. K.R. RAJENDRA, AGA FOR R1) THIS PETITION IS FILED UNDER ARTICLES 226 AND 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 19.11.2018 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23088-DB WP No. 9763 of 2023 AT BANGALORE IN APPLICATION NO. 3786/2009, AS PER ANNEXURE- A; AWARD THE COST OF THIS WRIT PETITION, AND ETC. 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 K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard learned counsel Sri H.D. Kumar appearing for Sri Venkatesh S. Arabatti, learned counsel for the petitioner, and learned Additional Government Advocate Sri K.R. Rajendra appearing for respondent No.1. 2. This petition is filed by the Additional Registrar of Enquiries, Karnataka Lokayukta, impugning the order dated 19.11.2018 passed in Application No.3786/2009 by the Karnataka State Administrative Tribunal at Bengaluru (for short, “the Tribunal”). 3. Learned counsel Sri H.D. Kumar appearing for Sri.Venkatesh S. Arabatti, learned counsel for the petitioner, reiterated and urged the grounds raised in the writ petition. - 3 - HC-KAR NC: 2026:KHC:23088-DB WP No. 9763 of 2023 4. Learned Additional Government Advocate Sri K.R. Rajendra appearing for respondent No.1 supports the submissions made by the learned counsel for the petitioner. 5. Before considering the contentions urged in the petition, we notice that the impugned order of the Tribunal is dated 19.11.2018, whereas the writ petition was filed on 20.04.2023. The pleadings in the writ petition do not explain the delay of more than 4 years. No explanation whatsoever is offered for not filing the writ petition within a reasonable time. 5.1 It is well settled that no period of limitation is prescribed for filing a writ petition. However, the remedy is expected to be availed within a reasonable time. The inordinate delay of more than 4 years, in the facts of the present case, cannot be considered reasonable so as to entertain this petition. 5.2 Moreover, respondent No.2 was aged about 60 years as on the date of the order passed by the Tribunal, and it is submitted that he is no more as on today. If notice is issued in this belated petition, it would result in harassment to the legal heirs of the deceased respondent No.2. - 4 - HC-KAR NC: 2026:KHC:23088-DB WP No. 9763 of 2023 6. Insofar as the contention raised in the petition as to whether an enquiry can be entrusted to the Karnataka Lokayukta against a retired Government servant under Rule 14A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 is concerned, the same has not been examined and is kept open. Therefore, the said contention is not examined. 7. This petition is liable to be dismissed on the ground of delay and laches. Accordingly, the petition stands dismissed. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 4