Full Judgment Text
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NC: 2026:KHC:14782-DB
WA No. 1600 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF MARCH, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 1600 OF 2024 (S-RES)
BETWEEN:
THE KARNATAKA LOKAYUKTA,
REPRESENTED BY ITS REGISTRAR.
M.S. BUILDING,
DR. B.R. AMBEDKAR ROAD,
BENGALURU - 560 001.
…APPELLANT
(BY SRI. VENKATESH S. ARBATTI, ADVOCATE)
AND:
1. GOVERNMENT OF KARNATAKA,
REPTD. BY ITS ADDL SECRETARY.
THE DEPARTMENT OF URBAN
DEVELOPMENT(BBMP),
VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE COMMISSIONER,
BBMP BENGALURU,
HUDSON CIRCLE,
BBMP HEAD OFFICE,
BENGALURU - 560 001.
3.
SRI. VENKATACHALAPATHY,
AGED ABOUT 56 YEARS,
PRESENTLY WORKING AS JOINT
Digitally
signed by
REKHA R
Location:
High Court
of
Karnataka
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NC: 2026:KHC:14782-DB
WA No. 1600 of 2024
HC-KAR
COMMISSIONER (REVENUE),
HUDSON CIRCLE,
BBMP HEAD OFFICE,
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, READ WITH ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
SET ASIDE ORDER DATED:06.11.2023 PASSED BY THE
LEARNED SINGLE JUDGE IN WP NO.1221/2020 AS PER
ANNEXURE-U.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed
impugning the order dated 06.11.2023 passed by the
learned Single Judge in Writ Petition No.1221/2020, filed
by the Karnataka Lokayukta.
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NC: 2026:KHC:14782-DB
WA No. 1600 of 2024
HC-KAR
2. A complaint came to be lodged by one
Sri.Subbu Hegde, against the Joint Director of Town
Planning, BBMP, alleging that Sri Nakoda Constructions
Limited had obtained sanction plan based on false
documents of public lands and civil amenity areas. The
said complaint was closed as the Lokayukta did not find
any merit in the complaint. Despite the closing of the
complaint, a report under Section 12(3) of the Karnataka
Lokayukta Act, 1984 came to be submitted against
respondent No.3, who was the petitioner before the Writ
Court.
3. Thereafter, the enquiry was entrusted to the
Lokayukta and the Lokayukta conducted the departmental
enquiry. The Enquiry Officer held the charges proved and
submitted a report. The learned Single judge in the
impugned order has opined that once the complaint on the
basis of which the departmental proceedings were
instituted itself got closed as the Lokayukta found the
complaint without any merit, there was no occasion for the
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NC: 2026:KHC:14782-DB
WA No. 1600 of 2024
HC-KAR
Lokayukta to proceed further with the enquiry under
Section 12(3) the Karnataka Lokayukta Act, 1984 and
submit a report and consequently whole department
should be punished. We find the view taken by the
Learned Single Judge is justified in the facts and
circumstances of the case and therefore we do not find
any merit in the case and the writ appeal is accordingly,
dismissed
.
In view of the dismissal of the appeal, pending I.A., if
any, does not survive for consideration and the same is
disposed of.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
PK
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