Writ Petition No. 21970 of 2018 · The High Court
Case Details
- 1 - NC: 2025:KHC:15239 WP No. 21970 of 2018 C/W WP No. 11177 of 2018 WP No. 14622 of 2018 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21970 OF 2018 (GM-RES) C/W WRIT PETITION NO. 11177 OF 2018 (GM-RES) WRIT PETITION NO. 14622 OF 2018 (GM-RES) WRIT PETITION NO. 21969 OF 2018 (GM-RES) IN WP No. 21970/2018 BETWEEN:
Legal Reasoning
MR. SURESH SOLANKI, AGED ABOUT 42 YEARS, S/O LATE TARA HAND BHAGWANDAS PROPRIETOR OF M/S TBS LOGISTICS, NO.7/25, VIDYANAGAR, AIRPORT ROAD, BELLARY - 582 301. (BY SRI. L.M.CHIDANANDAYYA, ADVOCATE) …PETITIONER AND: 1. GOVT. OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE, VIKASA SOUDHA, BANGALORE - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15239 WP No. 21970 of 2018 C/W WP No. 11177 of 2018 WP No. 14622 of 2018 AND 1 OTHER 2. SPECIAL INVESITGATION TEAM, REPRESENTED BY ITS INSPECTOR GENERAL OF POLICE, KARNATAKA LOKAYUKTA, UAS BUILDING, VETERINARY COLLEGE, HEBBAL, BANGALORE CITY, BANGALORE - 560 064. 3. DEPUTY SUPDT. OF POLICE, SPECIAL INVESTIGATION TEAM, KARNATAKA LOKAYUKTA, UAS BUILDING, VETERINARY COLLEGE, HEBBAL, BANGALORE CITY, BANGALORE - 560 064. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, GOVT. ADVOCATE FOR R1; SRI. VENKATESH S ARABATTI, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORD WHICH ULTIMATELY RESULTED IN NOTIFICATION DATED 22/24.01.2018 AT ANNEXURE - A ISSUED BY R-1; QUASH THE NOTIFICATION DATED 2/24.01.2018 VIDE ANNEXURE - A ISSUED BY R-1 AND ETC., IN WP NO. 11177/2018 BETWEEN: MR. K.M. VISHWANATH, S/O LATE K.M.RUDRAIAH, AGED ABOUT 52 YEARS, NO.11, 1ST FLOOR, PVK COMPLEX , AMBEDKAR ROAD, - 3 - NC: 2025:KHC:15239 WP No. 21970 of 2018 C/W WP No. 11177 of 2018 WP No. 14622 of 2018 AND 1 OTHER COLLEGE ROAD, HOSPET, PRESENTLY RESIDING AT NO.64/3, 16TH CROSS, VYALIKAVAL, BANGALORE – 560 003. (BY SRI. L.M.CHIDANANDAYYA., ADVOCATE) ...PETITIONER AND: 1. GOVT.OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, INDUSTRIES & COMMERCE, VIKASA SOUDHA, BANGALORE – 560 001. 2. SPECIAL INVESTIGATION TEAM, REPRESENTED BY ITS INSPECTOR OF GENERAL OF POLICE, KARNATAKA LOKAYUKTA, UAS BUILDING, VETERINARY COLLEGE, HEBBAL, BANGALORE CITY, BANGALORE – 560 064. 3. DEPUTY SUPDT. OF POLICE, SPECIAL INVESTIGATION TEAM, KARNATAKA LOKAYUKTA, UAS BUILDING, VETERINARY COLLEGE, HEBBAL, BANGALORE CITY, BANGALORE – 560 064. (BY SMT.NAVYA SHEKHAR, GOVT. ADVOCATE FOR R1; SRI.VENKATESH S ARABATTI, ADVOCATE FOR R2 AND R3) ...RESPONDENTS - 4 - NC: 2025:KHC:15239 WP No. 21970 of 2018 C/W WP No. 11177 of 2018 WP No. 14622 of 2018 AND 1 OTHER THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORD WHICH ULTIMATELY RESULTED IN NOTIFICATION DATED 22/24.01.2018 (ANNEXURE-A); QUASH THE NOTIFICATION DATED 22/24.01.2018 (ANNEXURE-A); DECLARE THAT THE NOTIFICATION AUTHORIZING THE SIT TO ATTACH AND FORFEIT IMMOVABLE PROPERTIES IS CONTRARY TO SECTION 3 (1) (iii) OF CRIMINAL LAW AMENDMENT ORDINANCE 1944 AND ETC., IN WP NO. 14622/2018 BETWEEN: SRI. C. ANIL RAJASHEKAR, SON OF SRI. C. BHASKAR RAO, AGED ABOUT 44 YEARS, MANAGING PARTNER M/S. B.C. INFRASTRUCTURE & RESOURCES COMPANY, A PARTNERSHIP FIRM, HOSPET, BELLARY DISTRICT – 583 201. (BY SRI. L.M.CHIDANANDAYYA, ADVOCATE) AND: 1. GOVT. OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE, VIKASA SOUDHA, ...PETITIONER - 5 - NC: 2025:KHC:15239 WP No. 21970 of 2018 C/W WP No. 11177 of 2018 WP No. 14622 of 2018 AND 1 OTHER BANGALORE – 560 001. 2. SPECIAL INVESTIGATION TEAM, REPRESENTED BY ITS INSPECTOR GENERAL OF POLICE, KARNATAKA LOKAYUKTA, UAS BUILDING, VETERINARY COLLEGE, HEBBAL, BANGALORE CITY, BANGALORE – 560 064. 3. DEPUTY SUPDT. OF POLICE, SPECIAL INVESTIGATION TEAM, KARNATAKA LOKAYUKTA, UAS BUILDING, VETERINARY COLLEGE, HEBBAL, BANGALORE CITY, BANGALORE – 560 064. ...RESPONDENTS (BY SMT.NAVYA SHEKHAR, GOVT. ADVOCATE FOR R1; SRI.VENKATESH S ARABATTI, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORD WHICH ULTIMATELY RESULTED IN NOTIFICATION DATED 22/24.01.2018 (ANNEXURE-A); QUASH THE NOTIFICATION DATED 22/24.01.2018 (ANNEXURE-A); DECLARE THAT THE NOTIFICATION AUTHORIZING THE SIT TO ATTACH AND FORFEIT IMMOVABLE PROPERTIES IS CONTRARY TO SECTION 3(1)(iii) OF CRIMINAL LAW AMENDMENT ORDINANCE 1944. - 6 - NC: 2025:KHC:15239 WP No. 21970 of 2018 C/W WP No. 11177 of 2018 WP No. 14622 of 2018 AND 1 OTHER IN WP NO. 21969/2018 BETWEEN: 1. SRI. G. RAVI KUMAR, S/O. G. VENKATESHALU, AGED ABOUT 49 YEARS, PERMANENTLY RESIDING AT: MONTERAL MANOR, NO.303, 3RD FLOOR, 103, SERPENTINE ROAD, SHOPPING STREET, KUMARA PARK WEST, BANGALORE – 560 020. ALSO AT: M/S. SHREE LAKSHMI BAALAJI EXPORT AND IMPORT, NO.11, PVK COMPLEX, AMBEDKAR CIRCLE COLLEGE ROAD, HOSPET. (BY SRI. L.M.CHIDANANDAYYA., ADVOCATE) ...PETITIONER AND: 1. GOVT. OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, INDUSTRIES & COMMERCE, VIKASA SOUDHA, BANGALORE – 560 001. 2. SPECIAL INVESTIGATION TEAM REPRESENTED BY ITS INSPECTOR GENERAL OF POLICE, - 7 - NC: 2025:KHC:15239 WP No. 21970 of 2018 C/W WP No. 11177 of 2018 WP No. 14622 of 2018 AND 1 OTHER KARNATAKA LOKAYUKTA, UAS BUILDING, VETERINARY COLLEGE, HEBBAL, BANGALORE CITY, BANGALORE – 560 064. 3. DEPUTY SUPDT. OF POLICE SPECIAL INVESTIGATION TEAM, KARNATAKA LOKAYUKTA, UAS BUILDING, VETERINARY COLLEGE, HEBBAL, BANGALORE CITY, BANGALORE – 560 064. ...RESPONDENTS (BY SMT. NAVYA SHEKHAR, GOVT. ADVOCATE FOR R1; SRI.VENKATESH S ARABATTI, ADVOCATE FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORD WHICH ULTIMATELY RESULTED IN NOTIFICATION DATED 22/24.1.2018 [ANNEXURE - A]; QUASH THE NOTIFICATION DATED 22/24.1.2018 [ANNEXURE - A]; DECLARE THAT THE NOTIFICATION AUTHORIZING THE SIT TO ATTACH AND FORFEIT IMMOVABLE PROPERTIES IS CONTRARY TO SECTION 3 [1][[iii] OF CRIMINAL LAW AMENDMENT ORDINANCE 1944 AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - NC: 2025:KHC:15239 WP No. 21970 of 2018 C/W WP No. 11177 of 2018 WP No. 14622 of 2018 AND 1 OTHER CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners in all the above petitions, are before this Court seeking for the following reliefs; "(a) CALL for the record which ultimately resulted in Notification dated 22/24.01.2018 bearing No.CI-282-MMM-2011 (Annexure-A); (b) ISSUE an order, direction or writ in the nature of Certiorari, quashing the Notification dated 22/24.01.2018 bearing NO.CI-282-MMM- 2011 (Annexure-A); (c) DECLARE that the Notification authorizing the SIT immovable properties is contrary to Section 3 (1)(iii) of Criminal Law Amendment Ordinance 1944; and to attach and forfeit (d) ISSUE such other relief as this Hon'ble Court may deem fit in the facts and circumstances of the case by awarding cost to the Petitioner, in the interest of justice." 2. Memos dated 03.04.2025; 04.04.2025; 05.04.2025; 08.04.2025 have been filed, signed by the learned for the petitioners, which reads as under: "The Petitioner has filed the above Writ Petition challenging the order Annexure-A dated 22.01.2018 authorizing to initiate the proceedings under the provisions of the Criminal Law Amendment Ordinance, 1944. The Respondents have filed the statement of the Respondents - 9 - NC: 2025:KHC:15239 WP No. 21970 of 2018 C/W WP No. 11177 of 2018 WP No. 14622 of 2018 AND 1 OTHER objections inter alia stating that the respondents have not initiated any proceedings. Therefore, it is humbly prayed this Hon'ble Court may be pleased to permit the petitioner to withdraw the above Writ Petition with liberty to challenge the same as and when the Respondent take action against the Petitioner. THEREFORE, it is prayed that this Hon'ble Court may be pleased to permit the Petitioner to withdraw the above Writ Petition, reserving the liberty to file fresh writ petition, challenging the order Annexure-A if the respondent initiate any proceedings on the basis of Annexure-A, in the interest of justice." 3. Accepting the said memos, petitions are dismissed as withdrawn reserving liberty as sought for. SD/- (SURAJ GOVINDARAJ) JUDGE SMJ List No.: 1 Sl No.: 22