Karnataka High Court
Karnataka Lokayukta vs Narayana Murthy D.C on 1 August, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC-K:4349-DB
WP No. 202786 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.202786 OF 2022 (S-KAT)
BETWEEN:
KARNATAKA LOKAYUKTA,
BY ITS REGISTRAR, M.S. BUILDING,
DR.B.R AMBEDKAR VEEDHI,
BENGALURU - 560 001.
...PETITIONER
(BY SRI SUBHASH MALLAPUR, ADVOCATE)
AND:
Digitally signed
by SACHIN 1. NARAYANA MURTHY D.C.,
Location: HIGH
COURT OF S/O CHANNAKESHAVAIAH N.,
KARNATAKA AGE: 64 YEARS,
OCC: DEPUTY CONSERVATOR OF FORESTS,
FOREST MOBILE DIVISION,
ARANYA BHAVAN COMPLEX,
2ND FLOOR, KALABURAGI,
KALABURAGI DISTRICT,
R/AT NEAR MARUTHI MANDIR,
SANTHOSH NAGAR, KALABURAGI,
KALABURAGI DISTRICT - 585 102.
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WP No. 202786 of 2022
HC-KAR
2. STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
FOREST, ECOLOGY &
ENVIRONMENTAL DEPARTMENT,
M.S. BUILDING,
BENGALURU - 560 001.
3. PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
(HEAD OF FOREST FORCES),
ARANYA BHAVAN, MALLESHWARAM,
BENGALURU - 560 003.
...RESPONDENTS
(BY SMT MAYA T.R., HCGP FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN NATURE OF CERTIORARI AND QUASH THE
ORDER DATED 13.07.2021 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL IN APPLICATION NO:4638/2017
VIDE ANNEXURE-C, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
AND
HON'BLE MR. JUSTICE T.M.NADAF
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WP No. 202786 of 2022
HC-KAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
Heard the learned counsel for the petitioner and also
the learned counsel appearing for the respondents.
2. This writ petition is filed by the Karnataka
Lokayukta, challenging the order passed by the Karnataka
State Administrative Tribunal (for short 'Tribunal') in
Application No.4638/2017 dated 13.07.2021, praying the
Court to issue a writ in the nature of certiorari and also
issue any other writ order or direction as the Court deems
fit under the circumstances of the case.
3. Having considered the grounds urged in the writ
petition, the main contention of the petitioner is that the
Tribunal has misconceived the fact that allegations against
the applicant was that he has passed the order accepting
the quotation of the supplier Mr.M.D.Farooq Ahmed on
03.04.2016, but the trade license issued by CMC,
Kalaburagi in favour of the above said supplier is dated
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03.02.2017. As on the date of the order, the supplier was
not having any trade license, thereby the applicant
purchased meat, chicken and other food grains to the mini
zoo at Kalaburagi from unauthorized supplier and violated
the provisions of Karnataka Transparency in Public
Procurements Act and Rules.
4. This Court in a similar set of facts and
circumstances, in the judgment of Writ Petition
No.58804/2016 (S-KAT) vide order dated 07.06.2021,
discussed in detail with regard to the locus of the
Lokayukta in challenging the order and discussed in
paragraphs No.35 and 36. An observation is made in
paragraph No.36 that the State Government itself has
accepted the same and the material on record indicates,
non-consideration of the reply submitted by the
respondent No.1. Though a detailed or even a summary
inquiry with consideration of reply/defence of the DGO is
not warranted, the entrustment order should clearly
indicate therein, about existence of the prima-facie case
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HC-KAR
on independent application of mind as held in the case of
Sri Gopal Hanumanth Kase vs. The State of
Karnataka reported in ILR 2018 KAR 2347 which was
lacking as rightly observed by the Tribunal. Be that as
may, the impugned order is neither challenged nor
satisfaction about existence of the prima-facie case to
entrust the matter to the Hon'ble Upa-Lokayukta under
Rule 14-A of the Karnataka Civil Services (C.C.A.) Rules,
1957, is canvassed or established by the State
Government which is the aggrieved party.
5. The State has not challenged this order, but the
Lokayukta only has approached this Court and hence, the
judgment is made clear that having regard to the facts
and circumstances of the case, as discussed above, in our
opinion, the petitioner has no locus to challenge the
impugned order.
6. In view of the detailed discussion and
conclusion and also the observation made in paragraphs
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No.35 and 36 of W.P.No.58804/2016, we do not find any
ground to entertain this writ petition as there is no locus.
Hence, the writ petition is dismissed.
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
MCR
CT:NI
