KARNATAKA LOKAYUKTA v. SRI SHARAD V. MAGADUM, AGA FOR R2 AND R6 TO R8)

SRI GANESH KULKARNI S/O. VISHWANATH KULKARNI AGED ABOUT 58 YEARS PROFESSION ADVOCATE FORMER PRESIDENT ALADAGERI GRAM PANCHAYATH, ALADAGERI, HIREKERUR TALUK, HAVERI DISTRICT-581109. (BY SRI SHIVARAJ C. BELLAKKI, ADVOCATE) AND:

THE HON’BLE UPALOKAYUKTA OFFICE OF THE LOKAYUKTA, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001, REP. BY ITS SPECIAL PUBLIC PROSECUTOR, KARNATAKA LOKAYUKTA. …APPELLANT - 2 - NC: 2025:KHC-D:17100-DB WA No. 100529 of 2025 HC-KAR

THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001.

THE CHIEF EXECUTIVE OFFICER OFFICE OF THE ZILLA PANCHAYAT, HAVERI, HAVERI-581110, HAVERI DISTRICT.

THE EXECUTIVE OFFICER TALUK PANCHAYAT HAVERI, HIREKERUR-581111.

THE CHIEF EXECUTIVE OFFICER ALADAGERI VILLAGE GRAM PANCHAYAT ALADAGERI VILLAGE, HIREKERUR TALUK, HAVERI DISTRICT.

THE TAHSILDAR HIREKERUR TALUK HIREKERUR DIST. HAVERI.

THE ASSISTANT COMMISSIONER HAVERI DISTRICT HAVERI.

DEPUTY COMMISSIONER HAVERI DISTRICT HAVERI. (BY SRI ANIL KALE, ADVOCATE FOR R1; SRI M.M. KHANNUR, ADVOCATE FOR R3 TO R5; SRI SHARAD V. MAGADUM, AGA FOR R2 AND R6 TO R8) …RESPONDENTS THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THIS APPEAL AND - 3 - NC: 2025:KHC-D:17100-DB WA No. 100529 of 2025 HC-KAR MODIFY THE ORDER DATED 28/08/2025 AND CONSIDER THE INTERIM PRAYER SOUGHT FOR IN W.P.NO.103867/2025 AND KINDLY PASS AN ORDER OF STAY OF THE ENTIRE PROCEEDINGS AND OPERATION OF THE IMPUGNED REPORT BEARING REF. NO.PÀA¥ÉèÃl/G¥À¯ÉÆÃPÀ/©fJA/7566/2014G¤«-4 ISSUED UNDER SECTION 12(3) OF THE OF THE KARNATAKA LOKAYUKTA ACT, 1984 AS ANNEXURE-B AND THE IMPUGNED NOTICE DATED 26/06/2020 ISSUED BY THE 4TH RESPONDENT BEARING REFERENCE NO.vÁ¥ÀA»/£ÀgÉÃUÀ/DqÀ½vÀ/¯ÉÆÃAiÀÄÄ/D®zÀUÉÃgÉ 7566/2020-21 PRODUCED AS ANNEXURE - H AND THE IMPUGNED NOTICE DATED 17/05/2025 ISSUED BY THE 6TH RESPONDENT BEARING REFERENCE NO.R.R.C. VAHI/02/25-26 PRODUCED HEREWITH AS ANNEXURE-R AND FURTHER PROCEEDINGS THERETO AND GRANT ANY SUCH OTHER INTERIM ORDERS IN THE CIRCUMSTANCES OF THE PRESENT CASE UNTIL DISPOSAL OF THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 4 - NC: 2025:KHC-D:17100-DB WA No. 100529 of 2025 HC-KAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard learned counsel, Sri Shivaraj C Bellakki for appellant, learned Additional Government Advocate, Sri Sharad V Magadum for respondents No.2, 6 to 8, learned counsel, Sri Anil Kale for respondent No.1 and learned counsel, Sri M.M.Khannur for respondents No.3 to 5. Perused the entire writ appeal papers.

2. The above appeal filed under Section 4 of the Karnataka High Court Act, 1961 is directed against refusal to grant interim order on 28.08.2025 in Writ Petition No.103867/2025, wherein the petitioner had sought for stay of impugned Annexure-H and Annexure-R dated 26.06.2020 and 17.05.2025 respectively.

3. This Court on 01.09.2025 passed a detailed order which reads as follows:

Sri. Shivaraj C.Bellakki, learned counsel appearing for the appellant submits that the scope of appeal is limited as the matter is pending before the learned Single Judge with regard to the challenge to the action initiated by the - 5 - NC: 2025:KHC-D:17100-DB WA No. 100529 of 2025 HC-KAR respondents without following the procedure under the law. It is submitted that the Authority has scheduled the auction of the residential house of the appellant on 03.09.2025. Therefore, he seeks to grant interim protection. It is further submitted that based on the complaint, the Lokayukta has conducted enquiry and submitted report under Section 12(3) of the Karnataka Lokayukta Act, 1984 and thereafter, the respondents-Authorities have not conducted any enquiry. However, straight away they have issued notices at Annexure-H directing the appellant to deposit the amount. In view of the aforesaid submission and urgency pleaded, issue notice to respondents No.3 to 5. Learned counsel Sri. Anil Kale is requested to accept notice for respondent No.1. Learned AGA is requested to accept notice for respondents No.2, 6, 7 and 8. In the meanwhile, the respondents are restrained from precipitating the matter. It is needless to observe that the aforesaid order will not come in the way of Authorities proceeding further to hold enquiry as per the report of Lokayukta under Section 12(3) of the Karnataka Lokayukta Act, 1984 at Annexure-B.

4. While granting the above interim order, this Court has observed that no enquiry in pursuance to report under Section 12(3) of Kanataka Lokayukta Act, 1984 has been conducted. However, it is for the learned Single Judge where the writ petition is pending to decide as to whether enquiry was conducted and whether enquiry was necessary before ordering for recovery. However, during the pendency - 6 - NC: 2025:KHC-D:17100-DB WA No. 100529 of 2025 HC-KAR of the writ petition, the interest of the appellant herein is to be protected.

5. In view of the above, the interim order passed by this Court on 01.09.2025 is continued till disposal of Writ Petition No.103867/2025.

6. Learned Single Judge is requested to dispose of the writ petition as expeditiously as possible.