Shri.Hemant S/O Kariyappa Karnal v. Government of Karnataka
Case brief
What is this about?
This writ petition challenged an order permitting the Anti-Corruption Bureau to apply for property attachment. The Court held the order was merely permissive, not an attachment itself, and disposed of the petition without interference pending the filing of an application.
What did the court decide?
Disposed without interference; Court directed Special District Court to consider future attachment applications and kept merits open.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 26TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO.109828 OF 2020 (GM-RES)
BETWEEN
SHRI. HEMANT, S/O. KARIYAPPA KARNAL, AGE: 28 YEARS, OCC: SOFTWARE ENGINEER IN GERMANY, NOW AT HUBBALLI ON VACATION, RES.H.NO.59, 2ND CROSS, VISWESHWARNAGAR, HUBBALLI TALUKA, DIST. DHARWAD, HUBBALLI – 580 032.
…PETITIONER
(BY SRI. NARAYAN G. RASALKAR, ADVOCATE)
AND
- GOVERNMENT OF KARNATAKA, DEPARTMENT OF FINANCE (COMMERCIAL TAXES – 2 AND COORDINATION WING), REP. BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, DR.B.R.AMBEDKAR ROAD, BENGALURU – 560 001.
Issues for consideration
3 issues framed by the court
Whether interim permission to file an attachment application warrants interference before the substantive application is filed.
Whether the designation of properties in an impugned order constitutes a direct attachment order liable to be quashed.
Whether the petition is premature given that the attaching authority has not yet filed an application before the Special District Court.
Parties & counsel
- petitioner
Shri Hemant
- respondent
Government of Karnataka
- respondent
Additional Director General of Police (in Charge), Anti-Corruption Bureau
- respondent
Deputy Superintendent of Police, Anti-Corruption Bureau
- respondent
The Commissioner of Commercial Taxes, Karnataka
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- WP/109828/2020
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