Dismissed¶35

Sri Benakesha R v. the State of Karnataka

Karnataka HC29 Aug 2025WP/25207/2024

Case brief

AI extract

What is this about?

NC: 2025:KHC:34118-DB; HC-KAR; Writ Petition 25207/2024 (GM-KLA) dismissed as withdrawn at preliminary hearing; petitioner Benakesha R., Assistant Engineer, BBMP; disciplinary action based on Karnataka Lokayukta Section 12(3) report dated 15.02.2018 (COMPT/UPLOK/BCD/891/2012/ARE-5); entrustment order UDD 105 MNU 2018 dated 03.05.2018; article of charge UPLOK-1/DE249/2018/ARE-7 dated 28.07.2017; Upalokayukta-1; Additional Registrar of Enquiries-7; Karnataka Lokayuktha Act 1984 S.12(3); Article 226 Constitution of India; withdrawal with liberty to face domestic enquiry.

What did the court decide?

None on merits. Petitioner allowed to withdraw the writ petition and to participate in the domestic enquiry instituted pursuant to the Lokayukta report dated 15.02.2018; petition dismissed as withdrawn. ¶35

Sri Benakesha R Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:34118-DB WP No. 25207 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF AUGUST, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH AND

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THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO.25207 OF 2024 (GM-KLA)

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BETWEEN:

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SRI BENAKESHA R. S/O. LATE RAMAPPA H. AGED ABOUT 57 YEARS WORKING AS ASSISTANT ENGINEER O/O ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE SHANKAR MATT SUB DIVISION MAHALAKSHMIPURAM DIVISION BENGALURU RESIDING AT NO.17, SRIRAMA NILAYA 2ND CROSS, KUVEMPU LAYOUT ANJANANAGARA BENGALURU-560 091.

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…PETITIONER

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Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka

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(BY SRI VIJAYA KUMAR ALONG WITH SRI VIJAYKUMAR V. BAJANTRI, ADVOCATES)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU-560 001.

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THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE

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NC: 2025:KHC:34118-DB WP No. 25207 of 2024

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HC-KAR

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BENGALURU-560 002.

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THE HON'BLE UPALOKAYUKTA -1 REPRESENTED BY ITS REGISTRAR M.S. BUILDING DR. AMBEDKAR ROAD BENGALURU-560 001.

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THE ADDITIONAL REGISTRAR OF ENQUIRIES-7 KARNATAKA LOKAYUKTA M.S. BUILDING DR. AMBEDKAR ROAD BENGALURU-560 001.

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…RESPONDENTS

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(BY SMT. PRATHIBHA R.K., AGA FOR R-1; SRI B.L. SANJEEV, ADVOCATE FOR R-2; SRI VENKATESH S. ARABATTI, ADVOCATE FOR R-3 AND R-4)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RELEVANT RECORDS PERTAINING TO THE IMPUGNED 12(3) REPORT DATED 15-2-2018 BEARING NO.COMPT/UPLOK/BCD/891/2012/ARE-5, SUBMITTED BY RESPONDENT NO.3 VIDE ANNEXURE-F, THE IMPUGNED ENTRUSTMENT ORDER BEARING NO.UDD 105 MNU 2018 DATED 03.05.2018 ISSUED BY RESPONDENT NO.1 VIDE ANNEXUREG AND IMPUGNED ARTICLE OF CHARGE BEARING NO.UPLOK-1/DE249/2018/ARE-7 DATED 28.07.2017 ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE-H AND AFTER PERUSAL SET ASIDE THE SAME IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T

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3 - NC: 2025:KHC:34118-DB WP No. 25207 of 2024

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HC-KAR

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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After arguing the matter for sometime, learned counsel for the petitioner submits that he would like to withdraw this Writ Petition and participate in the domestic enquiry to be instituted in pursuance to the report dated 15.02.2018 submitted by the Hon'ble Lokayuktha under Section 12(3) of the Karnataka Lokayuktha Act, 1984.

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In view of the aforesaid submission of the learned

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counsel for the petitioner, we allow the petitioner to withdraw this Writ Petition and participate in the domestic enquiry.

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Accordingly, the Writ Petition is dismissed as

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withdrawn .

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(D K SINGH) JUDGE

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Sd/(VENKATESH NAIK T) JUDGE