AMARESH NANDIHAL S/O MALLAPPA vs THE REGISTRAR KARNATAKA LOKAYUKTHA AND ORS

Court
Karnataka High Court

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WP No. 202353 of 2022


CNR: KAHC030065262022




IN THE HIGH COURT OF KARNATAKA


KALABURAGI BENCH

TH
DATED THIS THE 7 DAY OF OCTOBER, 2026


PRESENT

THE HON'BLE MR. JUSTICE ASHOK S. KINAGI


AND

THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO

WRIT PETITION NO.202353 OF 2022 (GM-KLA)


BETWEEN:

AMARESH NANDIHAL S/O MALLAPPA,
AGED ABOUT 40 YEARS,
R/O. NANDIHAL VILLAGE,
POST KARADIGUDDA, TQ. MANVI,
DIST. RAICHUR-584 123.

…PETITIONER

(BY SRI. P.S. MALIPATIL, ADVOCATE)

AND:

1. THE REGISTRAR,
KARNATAKA LOKAYUKTHA,
MS BUILDING, BENGALURU-01.

2. SWETHA,
AGRICULTURAL OFFICER,
RAITHA SAMPARKA KENDRA,
BADARLI, SINDHANUR TQ,
DIST. RAICHUR-584 128.






Digitally signed
by SHIVALEELA
D UDAGI
Location: HIGH
COURT OF
KARNATAKA

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3. GANGADHAR PATTAR,
AGRICULTURAL OFFICER,
RAITHA SAMPARKA KENDRA,
BADARLI, SINDHANUR TQ.,
DIST. RAICHUR-584 128.

4. PUTTANNA,
AGRICULTURAL OFFICER,
RAITHA SAMPARKA KENDRA,
JAVALAGERE, SINDHANUR TQ.,
DIST. RAICHUR-584 128.

5. SHIVANNA,
AGRICULTURAL OFFICER,
RAITHA SAMPARKA KENDRA,
VALKAMDINNI, SINDHANUR TQ.,
DIST. RAICHUR-584 128.

6. NAGARAJ SAJJAN,
AGRICULTURAL OFFICER,
RAITHA SAMPARKA KENDRA,
JALIHAL, SINDHANUR TQ.,
DIST. RAICHUR-584 128.

7. NAGENDRAPPA GOLLAR,
AGRICULTURAL OFFICER,
RAITHA SAMPARKA KENDRA,
HEDAGINAL, SINDHANUR TQ.,
DIST. RAICHUR-584 128.

8. T.C. JAYAPRAKASH,
ASST. DIRECTOR OF AGRICULTURE,
AGRICULTURAL DEPARTMENT,
SINDHANUR TQ., RAICHUR DIST.-584 128.

9. KALAKAPPA,
TECHNICAL OFFICER,
ASST. DIRECTOR OF AGRICULTURE OFFICER,
SINDHANUR TQ., RAICHUR DIST.-584 128.

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10. S.S. ABEED,
DEPUTY DIRECTOR OF AGRICULTURE-2,
AGRICULTURE DEPARTMENT,
LINGASUGUR TQ., DIST. RAICHUR-584 122.

11. KIRAN KUMAR,
JOINT DIRECTOR OF AGRICULTURE,
AGRICULTURAL DEPARTMENT,
RAICHUR DIST.-584 101.

…RESPONDENTS

(BY SRI. GOURISH S. KHASHAMPUR, SPL.PP FOR R1;
V/O DATED 07.10.2026 NOTICE TO R2 TO R11 IS HELD
SUFFICIENT)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
1) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH
THE RELEVANT PORTION OF THE ORDER DATED 12/17-01-
2022 IN CASE NO.COMPT/LOK/GLB/901/2020/ARE20 ISSUED
BY THE RESPONDENT NO.1 AND COMMUNICATED BY
ENDORSEMENT DATED 28.01.2022 VIDE ANNEXURE-F AND G.
2) TO ISSUE A WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE
REQUEST MADE BY THE PETITIONER IN THE LETTER DATED
06.01.2022 VIDE ANNEXURE-E AND EXTEND THE TIME TO FILE
REJOINDER STATEMENT AND THEREAFTER PROVIDING AN
OPPORTUNITY OF HEARING TO THE PETITIONER AND TO PASS
APPROPRIATE ORDERS AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
and
HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO

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ORAL ORDER
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
The petitioner aggrieved by the order dated
12/17.01.2022 in case No.COMPT/LOK/GLB/901/2020/ARE20
issued by respondent No.1 and communicated by endorsement
dated 28.01.2022 vide Annexures-F and G and to issue a writ
of mandamus directing the respondent No.1 to consider the
request made by the petitioner involved in the letter dated
06.01.2022 vide Annexure-E and to extend the time to file
Rejoinder Statement.

2. Brief facts giving rise to filing of this petition are as
follows:
The petitioner is the complainant and he lodged the
complaint alleging that the respondents have misappropriated
the Government funds and cheated the farmers. On the basis
of the complaint submitted by the petitioner, the enquiry was
conducted by the Dy.SP, Karnataka Lokayukta, Raichur and he
submitted a report on 29.09.2021 stating that the allegations
made against the respondents are not proved and notice was
issued to the petitioner to submit his rejoinder to the enquiry

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report of Dy.SP Lokayukta, Raichur. Despite service of notice,
the petitioner has failed to submit the rejoinder to the enquiry
report of Dy.SP, Karnataka Lokayukta, Raichur. As per order
dated 16.12.2021, rejoinder of the petitioner was taken as not
filed and the matter stood posted to put up further scrutiny
note. However, on 06.01.2022, received the letter of the
petitioner in which he has requested to grant some more time
to submit his rejoinder to the enquiry report. The Additional
Registrar (Enquiries-20) declined to grant time to file rejoinder
and accordingly passed the impugned order dated
12.01.2022/17.01.2022. Aggrieved by the same, the petitioner
has filed this petition.

3. Heard the learned counsel for the petitioner and learned
Special Public Prosecutor for respondent No.1.

4. Learned counsel for the petitioner submits that the
enquiry office has not provided sufficient opportunity to the
petitioner to file rejoinder to the enquiry report of Dy.SP,
Karnataka Lokayukta. Thus, there is violation of principles of
natural justice. Hence, on this ground he prays to allow the
petition.

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5. Per contra, learned Spl. Public Prosecutor appearing for
the respondent No.1-Lokayukta supports the order and prays to
dismiss the appeal.

6. Perused the records and considered the submissions of
the learned counsel for the parties.

7. It is an undisputed fact that the petitioner has submitted
a complaint against respondent Nos.2 to 11 contending that the
payment of subsidy amount to the farmers in the distribution of
Raashi Machine, the private respondents directed the farmers
to deposit the excess amount to the account of the distributor.
The private respondents have supplied the tractor based on the
Raashi Machine. In the purchase bill book, they mentioned that
engine based Rashi Machines have been supplied to the
farmers and thereby the respondents have misappropriated the
Government funds and also cheated the farmers. It is also
alleged in the complaint that there is a direction in the
Government Circular dated 01.02.2017 to deposit the subsidy
amount to the bank account of the farmers. However, the
respondents deposited the subsidy amount to the account of
supplying agency directly and thereby misappropriated the

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government funds and cheated the farmers. The respondent
No.1, based on the allegations made by the petitioner directed
the Deputy Superintendent of Police, Karnataka Lokayukta,
Raichur, to enquire into the allegations of the complaint and
submit a report. Pursuant to the directions, the enquiry report
was submitted by Dy.SP stating that the allegation made by the
petitioner is not proved. After receipt of the enquiry report, the
matter was listed before the Assistant Registrar (Enquiries-20)
on 15.12.2021 and notice was issued to the petitioner to
submit his rejoinder to the enquiry report of Dy.SP, Lokayukta,
Raichur, and the said notice was served and acknowledgment is
kept in the file. Time was granted adjourned to 28.12.2021 for
submitting the rejoinder. The petitioner did not file rejoinder on
or before 28.12.2021. The matter was listed on 12.01.2022.
The Additional Register (Enquiries-20) has ordered for closure
of complaint under Section 9(5)(b) of the Karnataka Lokayukta
Act, 1984. As the Additional Register (Enquiries-20), Karnataka
Lokayukta, has granted sufficient time to file a rejoinder. The
petitioner instead of filing the rejoinder on or before
28.12.2021 has submitted a representation on 06.01.2022.

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From 06.01.2022, the petitioner has not made any efforts to
get it postpone the matter. The Additional Register (Enquiries-
20) after considering the report submitted by the Deputy
Commissioner has rightly passed an impugned order. Hence,
we do not find any error in the impugned order.

8. Accordingly, we proceed to pass the following:
ORDER
dismissed
The writ petition is .

Sd/-
(ASHOK S. KINAGI)
JUDGE


Sd/-
(SUBRAMANYA RANGARAO)
JUDGE


MSR
List No.: 2 Sl No.: 1
CT: AK