SRI. PRAKASH M DHARESHWARA v. THE STATE OF KARNATAKA
Case at a glance
Provisions considered
- Code of Civil Procedure, 1908 O. 47 r. 1
- Karnataka Lokayukta Act, 1984 s. 12(3)
Judgment
THE HON'BLE MR. JUSTICE S RACHAIAH REVIEW PETITION NO. 409 OF 2023 BETWEEN:
1. SRI. PRAKASH M DHARESHWARA, S/O M.S DHARESHWAR, AGED ABOUT 43 YEARS, ASSISTANT EXECUTIVE ENGINEER O/O THE JOINT COMMISSIONER MAHADEVAPURA ZONE, IPPI MAIN ROAD, BANGALORE RESIDING AT NO. 135 3rd MAIN ROAD, 5th CROSS, VIDHYARANYAPURA, BANGALORE 97. (BY SRI. ACHARI MANJULA VITTALA., ADVOCATE) …PETITIONER Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA AND:
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT (BBMP) VIKASA SOUDHA, BANGALORE 560001
THE KARNATAKA LOKAYUKTA REPRESENTED BY ITS REGISTRAR, M.S BUILDING, BANGALORE 560001.
THE ADDITIONAL REGISTRAR OF ENQUIRIES -13 KARNATAKA LOKAYUKTA, M.S BUILDING, BANGALORE 560001. (BY SRI. M.N.SUDEV HEGDE, AGA FOR R1; …RESPONDENTS - 2 - NC: 2026:KHC:1579-DB RP No. 409 of 2023 HC-KAR SRI. VENKATESH S.ARABATTI, ADVOCATE FOR R2 & R3) THIS REVIEW PETITION IS UNDER ORDER 47 RULE 1 OF CPC READ WITH 114 OF THE CPC, PRAYING THAT THIS HON'BLE COURT BE PLEASED TO REVIEW THE ORDER DATED 26/06/2023 PASSED IN W.P. NO. 10125/2022, AND CONSEQUENTLY RESTORE THE ORIGINAL WRIT PETITION NO. 10125/2022, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present review petition has been filed along with I.A.No.1/2023 seeking to condone the delay of 29 days.
2. We find the reason stated in the affidavit is bona fide and sufficient and therefore, I.A.No.1/2023 is allowed and delay of 29 days in filing the petition is condoned.
3. The present review petition has been filed seeking review of the order dated 26.06.2023 passed by a Co-ordinate Bench presided by Hon'ble Mrs. Justice - 3 - NC: 2026:KHC:1579-DB RP No. 409 of 2023 HC-KAR K.S. Mudagal (Retd.) and Hon'ble Mr. Justice Ramachandra D. Huddar (Retd.)
The petitioner did not remove the office objection regarding filing of acknowledgment for having served the copies on respondent Nos.2 and 3. The learned Division Bench noted the fact that the complaint was filed against the petitioner in the year 2016, allegedly for permission to construct a three storied building in contravention of the building laws applicable. Entrustment report under Section 12(3) of the Karnataka Lokayukta Act, 1984 (for brevity 'the Act'), came to be submitted by the Hon'ble Lokayuktha to the Government.
The Government after considering the report, entrusted the Departmental Inquiry to the Lokayuktha. The report under Section 12(3) of the Act and entrustment Order under Section 14(A) of the Act, were challenged by filing the writ petition. The writ petition was filed in the year 2022 in respect of the complaint, which was filed - 4 - NC: 2026:KHC:1579-DB RP No. 409 of 2023 HC-KAR against the petitioner in the year 2016. From the conduct of the petitioner, it appears that petitioner was only interested in prolonging the proceedings before the High Court and therefore, the petition was dismissed.
We have considered the report under Section 12(3) as well as the entrustment order. We do not find that the report under Section 12(3) or entrustment order suffers from any infirmity.
Therefore, we dismiss this review petition. However, the petitioner would be at liberty to challenge the final order of punishment, if he suffers a punishment order, as a result of the conclusion of the Departmental proceedings. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE NG List No.: 1 Sl No.: 16
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.