Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010193632025 NC: 2026:KHC:49865 WP No. 9882 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE B.PRAMOD WRIT PETITION NO.9882 OF 2025 (GM-RES)
BETWEEN:
SRI REVANNA AGED ABOUT 66 YEARS S/O. LATE SHIVALINGEGOWDA RESIDING AT NO.305/A 1ST FLOOR, 7TH CROSS BALAJI LAYOUT, MALLATHAHALLI BENGALURU-560 056 …PETITIONER (BY SRI NAGENDRA DIKSHIT S., ADVOCATE) AND:
THE DIRECTOR THE OFFICE OF THE JOINT DIRECTOR DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA BENGALURU ZONAL OFFICE AT 3RD FLOOR, B BLOCK, BMTC SHANTHI NAGAR, TTMC, K. H. ROAD BENGALURU-560 027 …RESPONDENT (BY SRI UNNIKRISHNAN M., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ORDER OR DIRECTION AND THEREBY DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 26.12.2024 AND FURTHER DIRECT THE RESPONDENT TO ISSUE NOC ADDRESSING TO SENIOR SUB-
Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010193632025 NC: 2026:KHC:49865 WP No. 9882 of 2025
REGISTRAR, NELAMANGALA, BENGALURU TO REMOVE THE ENCUMBRANCE, AS APPENDED TO THIS PETITION AT ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B.PRAMOD
ORAL ORDER
Heard Sri.Ravi for Nagendra Dikshit S., learned counsel appearing for the petitioner and Sri. Unnikrishnan M., learned counsel for the respondent.
2. The petitioner, in the present writ petition, has sought a writ of mandamus directing the respondent to consider the representation dated 26.12.2024 and, further, to issue a No Objection Certificate addressed to the Senior Sub-Registrar, Nelamangala, Bengaluru, for the removal of the encumbrance.
3. It is the case of the petitioner that a case under the Prevention of Money Laundering Act, 2012 was registered by the respondent against the petitioner and his wife. A provisional Attachment Order No.5/2014 bearing
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HC-KAR
CNR: KAHC010193632025 NC: 2026:KHC:49865 WP No. 9882 of 2025
ECIR No. BGZO/05/2014 was issued on 27.03.2014 under Sub-section (1) of Section 5 of the PML Act, 2002. The respondent has taken possession of the property as per Sub-section (4) of Section 8 of the said Act.
4. In S.C. No. 113/2013, the petitioner and his wife were acquitted by the trial court. This Court, by an
order dated 25.01.2023 in Crl. R. P. No. 1010/2021, noted the following in paragraphs 5 to 7:
"5. Learned counsel for the accused Nos. 1 and 2/petitioners submitted that, in view of the judgment rendered by the Apex Court in Vijay Madanlal Choudhary and others v. Union of India and others (2022 SCC Online SC 929), if the accused were acquitted in the scheduled offences, that should result in the termination of the chargesheet filed for the predicate offences under the PML Act. Learned counsel submitted that the petitioners/accused are already acquitted of the scheduled offences and therefore the proceedings under the PML Act cannot proceed.
6. This is not disputed by the learned Central Government Standing Counsel for the respondent.
7. In that view of the matter, this Revision petition is allowed, and the criminal proceedings initiated against the petitioners/accused Nos. 1 and 2 by the respondent under the provisions of the Prevention of Money Laundering Act, 2002 in Spl. C.C. No. 159/2015 are closed."
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HC-KAR
CNR: KAHC010193632025 NC: 2026:KHC:49865 WP No. 9882 of 2025
5. This court allowed the revision petition, and the criminal proceedings initiated against the petitioner and his wife by the respondent came to be closed. Thereafter, the petitioners submitted a representation dated 17.09.2024 (Annexure-F), followed by another representation dated 26.12.2024 (Annexure-A) to the writ petition, requesting the respondent to issue a No Objection Certificate or Clearance Certificate and to remove the encumbrance.
6.
Learned counsel for the petitioner submits that the said representation has not been considered by the respondent, though 18 months have elapsed, and further submits that, in view of the order passed by a Co-ordinate Bench of this Court in Crl. R. P. No. 1010/2021, as the proceedings initiated against the petitioner and his wife are closed, they are entitled to the removal of the attachment, and their representation requires consideration at the hands of the respondent
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HC-KAR
CNR: KAHC010193632025 NC: 2026:KHC:49865 WP No. 9882 of 2025
7.
Learned counsel for the respondent submits that they are in receipt of both the representations (Annexures- A and F) and, if reasonable time is granted, they will consider the same and communicate the result thereof to the petitioner.
8. In view of the above, the writ petition is partly allowed. The respondent is hereby directed to consider the representation dated 26.12.2024 and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this final order.
Ordered accordingly. No order as to costs.
Sd/- (B.PRAMOD) JUDGE
BSV List No.: 1 Sl No.: 1