Karnataka High Court
WP/6262/2022 of THE REGISTRAR Vs THE STATE OF KARNATAKA on 10 August 2026
CNR: KAHC010118512022 NC: 2026:KHC:42291-DB WP No. 5601 of 2022 C/W WP No. 17169 of 2021 WP No. 17175 of 2021 AND 15 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
W.P.NO.5601/2022 (S)
C/W
W.P.NO.17169/2021 (S-KSAT), W.P.NO.17175/2021 (S-KSAT), W.P.NO.17343/2021 (S-KSAT), W.P.NO.17346/2021 (S-KSAT), W.P.NO.18162/2021 (S-KSAT), W.P.NO.20633/2021 (S-KSAT), W.P.NO.21598/2021 (S-KSAT), W.P.NO.21602/2021 (S-KSAT), W.P.NO.5679/2022 (S-KSAT), W.P.NO.5969/2022 (S-KSAT), W.P.NO.5970/2022 (S-KSAT), W.P.NO.6197/2022 (S-KSAT), W.P.NO.6238/2022 (S-KSAT), W.P.NO.6262/2022
W.P.NO.6325/2022 (S), W.P.NO.6592/2022 (S-KSAT) AND
W.P.NO.9237/2023 (S-KSAT)
BETWEEN:
…PETITIONER
(BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
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1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560001.
Digitally signed by NANJUNDACHARI Location: High Court of Karnataka
HC-KAR
2. NO.2, NRUPATHUNGA ROAD BANGALORE-560002.
3. SRI S M NAGARAJ S/O SRI MALLESHAPPA AGED ABOUT 45 YEARS CIVIL POLICE INSPECTOR TRAFFIC NORTH POLICE STATION HUBBALLI R/AT POLICE QUARTERS HUBBALLI DHARWAD DISTRICT-580030. …RESPONDENTS
SRI MOHANA C., ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION IN THE NATURE OF A WRIT THEREBY QUASHING THE ORDER DATED 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.8295/2015, AS PER ANNEXURE-A; B) AWARD THE COST OF THIS WRIT PETITION AND ETC.
IN WP NO. 17169/2021
BETWEEN:
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY
HC-KAR
DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560001.
2. NO.2, NRUPATHUNGA ROAD BANGALORE-560002.
3. SRI M J BALAJI SINGH S/O SRI M D JAGANNATH SINGH POLICE INSPECTOR DCIB, CHIKKABALLAPURA CHIKKABALLAPURA DISTRICT R/T POLICE QUARTERS PRASHANATH NAGAR CHIKKABALLAPURA CHIKKABALLAPURA DISTRICT.
SRI MOHANA C., ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION IN THE NATURE OF A WRIT THEREBY QUASHING THE ORDER DATED 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.9178/2015, AS PER ANNEXURE-A; AWARD THE COST OF THIS WRIT PETITION.
IN WP NO. 17175/2021
BETWEEN:
…PETITIONER
HC-KAR
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560001.
2. NO.2, NRUPATHUNGA ROAD BANGALORE-560002.
3. SRI B S SHANTHA KUMAR S/O LATE SRI B SHIVABEERAPPA ASST. COMMISSIONER OF POLICE CCB, BENGALURU CITY R/AT NO.21 1ST CROSS, KRISHNANAGAR, KOTHANUR MAIN ROAD J P NAGAR, VIII PHASE BANGALORE -560076.
SRI MOHANA C., ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 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 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.9177/2015, AWARD THE COST OF THIS WRIT PETITION.
IN WP NO. 17343/2021
BETWEEN:
HC-KAR
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT GOVERNMENT OF KARNATAKA VIKASA SOUDHA BENGALURU-560001.
2. NO.2, NRUPATHUNGA ROAD BANGALORE-560002.
3. SRI AMBARAY M KAMANAMANI S/O MALAKANNA, AGED ABOUT 37 YEARS, SHAHPUR POLICE STATION, SHAHPUR, YADGIRI DISTRICT, R/AT H.NO.18/3/52 SHARANU NILAYA, HALBAVI ROAD, SHAHPUR, YADGIRI DISTRICT.
SRI MOHANA C., AND SRI VIJAYAKUMAR, ADVS. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 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 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.9028/2015 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION.
HC-KAR
BETWEEN:
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560001.
2. NO.2, NRUPATHUNGA ROAD BANGALORE-560002.
3. SRI NAGARAJ M MADALLI S/O MALLAREDDY POLICE CIRCLE INSPECTOR, GADAG TOWN, GADAG, GADAG DISTRICT R/AT 1ST CROSS BANKERS COLONY MULUGUND NAKA, GADAG GADAG DISTRICT.
SRI MOHANA C., ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 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 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE
HC-KAR
TRIBUNAL AT BANGALORE IN APPLICATION NO.2585/2016 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION.
IN WP NO. 18162/2021
BETWEEN:
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT GOVERNMENT OF KARNATAKA VIKASA SOUDHA BENGALURU-560001.
2. NO.2, NRUPATHUNGA ROAD BANGALORE-560002.
3. SRI DEVARAJ T V S/O YELLAPPA T G POLICE SUB INSPECTOR MALEBENNUR POLICE STATION HARIHARA TALUK DAVANAGERE DISTRICT.
SRI MOHANA C., ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
HC-KAR
CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION IN THE NATURE OF A WRIT THEREBY QUASHING THE ORDER DATED 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.1065/2016 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION AND ETC.
IN WP NO. 20633/2021
BETWEEN:
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560001.
2. NO.2, NRUPATHUNGA ROAD BANGALORE-560002.
3. SRI UMESH M S/O ANJANEYAPPA WORKING AS POLICE SUB-INSEPCTOR RAICHUR RURAL POLICE STATION RAICHUR, RAICHUR DISTRICT R/AT H.NO.505, SAI AREKED KAKATIYA COLONY, RAICHUR RAICHUR DISTRICT.
SRI MOHANA C., ADV. FOR R3)
HC-KAR
CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.607/2016 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION AND ETC.
IN WP NO. 21598/2021
BETWEEN:
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560001.
2. NO.2, NRUPATHUNGA ROAD BANGALORE-560002.
3. SRI Y P SHIVALINGARADHYA S/O SRI M PARAMESHWARA, DEPUTY SUPERINTEND OF POLICE, C I D GULBARGA, CYBER POLICE STATION, OLD S P OFFICE, OPP. WOMENS COLLEGE, GULBARGA,
HC-KAR
R/AT POLICE CLUB, DAR AREA, GULBARGA.
SRI MOHANA C., AND VIJAYA KUMAR, ADVS. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 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 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.2184/2016 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION AND ETC.
BETWEEN:
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560001.
2. NO.2, NRUPATHUNGA ROAD
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3. SRI K V GURUSHANTHAPPA S/O LATE K V BASAPPA, AGED ABOUT 47 YEARS, ASSISTANT COMMISSIONER OF POLICE, OLD KACHERI ROAD, BELAGAVI R/AT NO.707, BEHIND MMPS, SRINAGAR, BELAGAVI BELAGAVI DISTRICT.
SRI MOHANA C., ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.5/2016 AS PER ANNEXURE-A AND AWARD THE COST OF THIS WRIT PETITION AND ETC.
IN WP NO. 5679/2022
BETWEEN:
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560001.
2. HC-KAR
NO.2, NRUPATHUNGA ROAD, BANGALORE-560002.
3. SRI PRASHANTH SIDDANAGOUDAR S/O FAKKIR GOUDA, AGED ABOUT 48 YEARS, WORKING AS POLICE INSPECTOR, DANDELI, HALIYAL TALUK, KARWAR DISTRICT.
SRI MOHANA C., ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 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 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.8576/2015 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION AND ETC.
IN WP NO. 5969/2022
BETWEEN:
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560001.
HC-KAR
2. NO.2, NRUPATHUNGA ROAD, BANGALORE-560002.
3. SRI BASAPPA BAJANTRI S/O BHIMAPPA BAJANTRI, POLICE INSPECTOR, POLICE TRAINING SCHOOL, KHANAPUR, BELEGAVI DISTRICT, R/AT BLOCK NO.1, APMC QUARTERS, BELGAVI DISTRICT.
SRI VIJAY KUMAR, ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 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 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.610/2016 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION AND ETC.
IN WP NO. 5970/2022
BETWEEN:
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT,
HC-KAR
VIKASA SOUDHA, BENGALURU-560001.
2. NO.2, NRUPATHUNGA ROAD, BANGALORE-560002.
3. SMT. NAGAMMA K W/O SRI VISHWANTH, POLICE SUB INSPECTOR, MAHILA POLICE STATION, DAVANAGERE, R/AT NO.1930/204, CHIKKAMANI, DEVARAJ URS BADAVANE, SARASWATHINAGAR, DAVANAGERE.
SRI MOHANA C., ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 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 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.3392/2016 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION AND ETC.
IN WP NO. 6197/2022
BETWEEN:
…PETITIONER
HC-KAR
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU - 560001.
2. NO.02, NRUPATHUNGA ROAD BENGALURU - 560002.
3. SRI FIROZ MAHAMMED S/O ABDUL HAFEEZ G. F. POLICE SUB INSPECTOR VIVEKNAGAR POLICE STATION BANGALORE R/AT NO.705B, MEENAXI CLASSIC OPT. 27TH MAIN, SECTOR NO.1 HSR LAYOUT, BENGALURU – 560102.
SRI MOHANA C., ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 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 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.3185/2016 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION AND ETC.
IN WP NO. 6238/2022
BETWEEN:
HC-KAR
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560001.
2. NO.2, NRUPATHUNGA ROAD BANGALORE-560002.
3. SRI PRAKASH RATHOD S/O PARAVVA AGED ABOUT 40 YEARS, CIRCLE POLICE INSPECTOR HUVINAHADAGALLI TOWN BALLARI DISTRICT R/AT C/O PARAVVA P L E.S.I. HOSPITAL QUARTERS KARWAR ROAD, HUBLI.
SRI MOHANA C., ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 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 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.2937/2016 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION AND ETC.
HC-KAR
BETWEEN:
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA BENGALURU - 560001.
2. THE DIRECTOR GENERLA AND INSPECTOR GENERL OF POLICE NO.2, NRUPATHUNGA ROAD BANGALORE – 560002.
3. SRI GOPALAKRISHNA NAYAK T S/O THIMMANNA NAYAK DEPUTY SUPDT. OF POLICE KARWAR, DAKSHINA KANNADA R/AT NISARGA, NARAYAN STREET KARWAR, D K DISTRICT.
SRI MOHANA C., ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 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 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.2591/2016 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION AND ETC.
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BETWEEN:
THE REGISTRAR (ADDITIONAL REGISTRAR OF ENQUIRIES-II)
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001.
2. NO.2, NRUPATHUNGA ROAD BANGALORE- 560002.
3. SRI ARUN BOMMAYYA NAYAK S/O BOMMAYYA NAYAK AGED ABOUT 50 YEARS WORKING AS POLICE INSPECTOR BRAHMAVAR, UDUPI DISTRICT R/AT SUARI’S COMPOUND PANDURNAGA NAGAR CHANTARU VILLGE, BRAHMAVAR UDUPI TALUK AND DISTRICT.
SRI MOHANA C., ADV. FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION IN THE
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NATURE OF A WRIT THEREBY QUASHING THE ORDER DATED 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.8692/2015 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION AND ETC.
IN WP NO. 6592/2022
BETWEEN:
THE ADDITIONAL REGISTRAR OF ENQUIRIES-II (ADDITIONAL REGISTRAR OF ENQUIRY II)
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU – 560001.
2. NO.2, NRUPATHUNGA ROAD BANGALORE- 560002.
3. SRI. KALIKRISHNA .E S/O BHASKAR RAO .E AGED ABOUT 35 YEARS WORKING AS POLICE INSPECTOR GANGAVATI TOWN POLICE STATION GANGAVATI, KOPPAL DISTRICT R/AT C/O BASAVARAJ HUGAR H.NO. 1-2-110/76/19 JAYANAGAR 1ST CROSS GANGAVATI KOPPAL DISTRICT.
SRI MOHANA C., ADV. FOR R3)
HC-KAR
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 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.937/2015 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION AND ETC.
IN WP NO. 9237/2023
BETWEEN:
M.S. BUILDINGS
…PETITIONER (BY SRI. VENKATESH S ARBATTI, ADV.)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560 001.
2. NO.2, NRUPATHUNGA ROAD, BANGALORE-560 002.
3. SRI. FIROZ MAHAMMED S/O. ABDUL HAFEEZ. G.F., POLICE SUB INSPECTOR, VIVEKNAGAR POLICE STATION, BANGALORE, R/AT NO.705B, MEENAXI CLASSIC OPT, 27TH MAIN, SECTOR NO.1, HSR LAYOUT, BANGALORE-560 102.
NOTICE TO R3 NOT SERVED)
HC-KAR
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 28/11/2017 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.3185/2016 AS PER ANNEXURE-A, AWARD THE COST OF THIS WRIT PETITION AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE DR. JUSTICE K.MANMADHA RAO
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard learned counsel Sri.Venkatesh S. Arabatti for petitioner – Lokayukta, learned counsel Sri.Vijay Kumar for respondent No.3 in W.P.No.5969/2022, learned senior counsel Sri.M.S.Bhagawath for Sri.Mohana.C., learned counsel for respondent No.3 in other writ petitions and learned Additional Government Advocate Sri.Harish.A.S., for respondent Nos.1 and 2. Perused the entire writ petition papers.
2. Learned counsel for the petitioner would submit that the respondents herein had questioned the order of
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entrustment of enquiry to the petitioner – Lokayukta under Rule 14A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (for short, ‘CCA Rules’) as well as consequential articles of charge issued to the respondents, before the Tribunal. By common order dated 28.11.2017 in Application Nos.8295/2015 and connected Applications, the Tribunal allowed the applications and set aside the entrustment order as well as consequential articles of charge with liberty to the respondents i.e., petitioner herein to conduct further investigation and take disciplinary action against the applicants who are respondents therein in accordance with law. The common order dated 28.11.2017 in Application No.8263/2015 was the subject matter of writ petition before this Court by the petitioner – Lokayukta in W.P.No.34009/2018. This Court by order dated 30.06.2021 allowed the writ petition of the petitioner – Lokayukta and set aside the order dated 28.11.2017 in Application No.8263/2015. The said order was taken up to
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the Hon'ble Apex Court by respondents therein in SLP(C).No.14480/2021. The SLP came to be rejected by order dated 20.09.2021.
3. The present writ petitions also arise from the common order dated 28.11.2017 in Application No.8263/2015 and connected Applications, which order was set aside by this Court and the order of this Court is affirmed by the Hon'ble Apex Court. As the very same order is set aside by the Co-ordinate Bench of this Court vide order dated 30.06.2021 in W.P.No.34009/2018, the above writ petitions are also liable to be allowed, following the decision of the Co-ordinate Bench of this Court in W.P.No.34009/2018 dated 30.06.2021.
4. Learned senior counsel Sri.M.S.Bhagawath would submit that some of the applicants have been promoted to the next higher cadre during the pendency of the present writ petitions and he would further submit that by virtue of the Co-ordinate Bench order, the enquiries are
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being continued and articles of charge have already been issued. Therefore, he submits that till completion of the enquiry, respondents may not be reverted and he further assures on behalf of the respondents that respondents would co-operate for early disposal of the enquiry.
5. The assurance of the respondents that they would co-operate with the enquiry officer is placed on record.
6. Taking note of the above submission, we direct the respondent – State not to revert the petitioners who are private respondents who are promoted to the next higher cadre during the pendency of the writ petition till the enquiry is concluded and appropriate order is passed thereon.
7. If the respondents fail to co-operate with the Enquiry Officer, it is open for the petitioner or the state to seek liberty to pass appropriate order.
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8. With the co-operation of the respondent officials, the enquiry shall be completed as expeditiously as possible, within six months.
9. Hence, the following:
ORDER
a) Writ petitions are allowed.
b) Common order dated 28.11.2017 in Application Nos.8295/2015, 9178/2015, 9177/2015, 9028/2015, 2585/2016, 1065/2016, 607/2016, 2184/2016, 5/2016, 8576/2015, 610/2016, 3392/2016, 3185/2016, 2937/2016, 2591/2016, 8692/2015, 937/2015, 3185/2016 are set aside.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (DR.K.MANMADHA RAO) JUDGE
NC CT:bms