A writ petition filed to quash Lokayukta proceedings is dismissed as withdrawn. The petitioner sought to raise the grievance before the Karnataka Administrative Tribunal. The court explicitly stated no opinion on the merits.
Writ petition dismissed as withdrawn with liberty as sought for.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF DECEMBER 2019
PRESENT
THE HON’BLE MR. JUSTICE ARAVIND KUMAR
AND
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
W.P. NO.26033/2017 (GM-KLA)
BETWEEN:
SRI. L. SRIDHARA MURTHY S/O T. LINGAPPA AGED ABOUT 55 YEARS OCC: EXECUTIVE ENGINEER R/AT NO.69, NGEF LAYOUT MALLATHAHALLI BENGALURU - 560 056 OFFICE ADDRESS: STATE HIGHWAY DEVLEOPMENT PROJECT K.R. CIRCLE, BANGALURU - 560 001.
...PETITIONER
(BY SRI. V. LAKSHMINARAYAN, SR. COUNSEL A/W SRI. ASHWIN KUMAR, ADVOCATE)
AND:
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3 . THE ADDL. REGISTRAR ENQUIRIES - II O/O LOKAYUKTA, M.S. BUILDINGS BEGNALURU - 560 001.
…RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP FOR R-1; SRI. G. DEVARAJ, ADVOCATE FOR R-2 & R-3; R-4 SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH ALL FURTHER PROCEEDINGS PURSUANT TO THE COMPLAINT DATED:17.12.2011 FILED BY CHIKKABYRIAH VIDE ANNEX-C PERTAINING TO LICENSE DATED:27.08.2017 VIDE ANNEX-B IN RESPECT OF PROPERTY BEARING NO.1/1-1, 8TH ‘A’ MAIN, SHIVANAGAR, BENGALURU IN SO FAR AS THE PETITIONER IS CONCERNED AS THE SAME CANNOT BE THE SUBJECT MATTER FOR LOKAYUKTA IN VIEW OF BAR CREATED UNDER SECTION 8(2)(C) AND 9(5)(C) OF THE KARNATAKA LOKAYUKTA ACT, 1984.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR J, MADE THE FOLLOWING:
O R D E R
Sri. V.Lakshminarayna, learned senior counsel
appearing on behalf of Sri. Ashwin Kumar for petitioner submits that similar issue now raised in the present
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petition, is pending consideration before Karnataka Administrative Tribunal.
Learned counsel appearing for petitioner has filed
a memo seeking leave of the Court to withdraw the writ petition and seeks to redress the grievance before Karnataka Administrative Tribunal. Said memo is placed on record.
Accordingly, writ petition is dismissed as
withdrawn with liberty as sought for. No opinion is
expressed on merits of the case.
SD/JUDGE
SD/JUDGE
RU
1 issue framed by the court
Whether the writ petition seeking quashing of Lokayukta proceedings can be dismissed as withdrawn after filing a memo to avail jurisdiction of the Karnataka Administrative Tribunal.
3 provisions across 2 enactments
Sri. L. Sridhara Murthy
State of Karnataka
The Registrar Upalokyukta Karnataka Lokayukta
The Addl. Registrar Enquiries
The Under Secretary to Government Urban Development Department
Aravind Kumar
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
