- 1 - HC-KAR NC: 2026:KHC:33533 WP No. 7494 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 7494 OF 2020 (S-RES) BETWEEN: 1. H P CHANNAIAH AGED ABOUT 58 YEARS, S/O PUTTAIAH R/O HADALAKERE VILLAGE GODDU POST SAKALESHPUR TALUK FIRST DIVISION ASSISTANT PRESENTLY DEPUTED AS FOOD INSPECTOR, TALUK OFFICE, CHIKMAGALUR TALUK AND DISTRICT 2. V SHIVAKUMAR AGED ABOUT 31 YEARS, S/O VINAYAKA R R/O II PHASE, IV CROSS, BEHIND GANAPATHY TEMPLE KALYAN NAGAR, CHICKMAGALUR TOWN, TALUK AND DISTRICT WORKED AS VILLAGE ACCOUNTANT KAVADI CIRCLE SHRINGERI …PETITIONERS (BY SRI. SHIVARAMU H.C., ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33533 WP No. 7494 of 2020 AND: 1. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF REVENUE MULTISTORIED BUILDING, DR AMBEDKAR VEEDHI BANGALORE - 560 001 2. THE DEPTUTY COMMISSIONER CHICKMAGALUR DISTRICT CHICKMAGALUR - 577 101 3. THE REGISTRAR KARNATAKA LOKAYUKTHA M.S. BUILDING BENGALURU - 560 001 4. THE DEPUTY SUPERINTENDENT OF POLICE AC-13 POLICE STATION, RAMANAHALLI CHICKMAGALUR - 577 101 …RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R1 & R2 (MA NOT FILED) SRI. JEEVAN J. NEERALGI, ADVOCATE FOR R3 AND R4 (VK NOT FILED) SRI. B.B. PATIL, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 30.8.2018 ISSUED BY THE DISTRICT MAGISTRATE AND DEPUTY COMMISSIONER, CHIKKAMAGALURU IN CASE MARKED AS ANNEXURE-F, GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE ORDER DATED 30.8.2018 ISSUED BY THE - 3 - HC-KAR NC: 2026:KHC:33533 WP No. 7494 of 2020 DISTRICT MAGISTRATE AND DEPUTY COMMISSIONER, CHIKKAMAGALURU IN CASE MARKED AS ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners filed this petition seeking the following prayer: i) Quash the order dated 30.8.2018 issued by the District Magistrate and Deputy Commissioner, Chikkamagaluru in case bearing No.Sibbandi (A.L.G:2/2018-19 marked as Annexure-F, by issuing a writ in the nature of certiorari. 2. Brief facts, leading rise to the filing of this petition are as follows: 3. On 14.10.2014, the first petitioner was working as Revenue Inspector/FDA and posted to Vastare Hobli coming within Chickmagalur Taluk. After posting the first petitioner to the said place, the petitioner came to know about the problem, based on which, the first - 4 - HC-KAR NC: 2026:KHC:33533 WP No. 7494 of 2020 petitioner is facing the enquiry. Similarly, the second petitioner was working as Village Accountant in the said Village. He was also placed in charge Village Accountant at Thali Halla Circle in addition to Vastare Village. 4. On 25.01.2018, vide Annexure-A, the president of the Village Panchayath, submitted a complaint to the second respondent to take action against the petitioners and others in respect of khata made under the Akrama-Sakrama scheme. In addition to that, it appears on 07.03.2018, a complaint appears to have been given to the third respondent based on which, the fourth respondent submitted a report to the third respondent seeking a sanction to prosecute the petitioners under the provisions of Prevention of Corruption Act, 1988 as per Annexure-B. The third respondent in his communication dated 21.05.2018 vide Annexure-C, sought permission/sanction from the second respondent to prosecute the petitioners. - 5 - HC-KAR NC: 2026:KHC:33533 WP No. 7494 of 2020 Similar request was made on 21.05.2018 from the first respondent vide Annexure-D. On the basis of the report submitted by the Assistant Commissioner dated 02.08.2018 produced at Annexure-E and also based on the request made by the third respondent dated 21.05.2018, the second respondent on 30.08.2018 passed an order granting a permission to prosecute the petitioners. Being aggrieved by the sanction to prosecute the petitioners, the petitioners have filed this writ petition. 5. Heard the learned counsel for the petitioners and learned counsel for the respondents. 6. Learned counsel for the petitioners submits that before passing an impugned order no opportunity was provided to the petitioners. He also submits that as on the date of alleged incident the petitioners were not in service. Hence, the said aspect was not considered by the second respondent before granting a sanction to prosecute the petitioners. Thus the - 6 - HC-KAR NC: 2026:KHC:33533 WP No. 7494 of 2020 impugned order passed by the second respondent is in violation of principles of natural justice. Hence, on these grounds, he prays to allow the petition. 7. Per contra, learned counsel for the respondents submits that, the respondents have received a complaint lodged by the President of Village Panchayath against the petitioners alleging that they have demanded a bribe and to take action against the petitioners and others in respect of a khata made under Akrama-Sakrama scheme. The third respondent based on the complaint on which sought for a report from the fourth respondent. On the basis of the report submitted by the authorities, the second respondent is of the opinion that there is a prima facie case and there are sufficient materials against the petitioners. The second respondent has granted a permission to prosecute the petitioners on the basis of records. The action of the second respondent in sanctioning to prosecute the - 7 - HC-KAR NC: 2026:KHC:33533 WP No. 7494 of 2020 petitioners is legal and in accordance with law. Hence, on these grounds, prays to dismiss the petition. 8. Perused the records, and considered the submissions of the learned counsel for the parties. 9. It is an undisputed fact that the first Petitioner was working as a Revenue Inspector and posted at Vastare Hobli coming within Chickmagalur Taluk. The second petitioner was working as a Village Accountant in the same Village. The second petitioner was also placed as in charge Village Accountant of Thali Halla Circle in addition to Vastare Village. 10. The President of the Village Panchayath has lodged a complaint against the petitioners, alleging that the petitioners and others have made irregularities and illegalities in the Akram-Sakram scheme. On the basis of the complaint filed by the President, a report was sought from the concerned authorities. The - 8 - HC-KAR NC: 2026:KHC:33533 WP No. 7494 of 2020 concerned authorities have submitted a report stating that the contents of the complaint are true. Based on that, the second respondent has passed an order granting permission to prosecute the petitioners. The first respondent, considering the report submitted by the third respondent has rightly passed an order. Hence, I do not find any grounds to entertain the petition. 11. Accordingly, I proceed to pass the following order: ORDER The writ petition is dismissed. Pending I.A(s), if any, stands disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS