Karnataka High Court
Shri C Devaraju vs The Deputy Director on 21 March, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC:11827
WP No. 19 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 19 OF 2025 (GM-RES)
BETWEEN:
1. SHRI C DEVARAJU
AGED 63 YEARS,
S/O.LATE CHANNEGOWDA,
NO.28, 4TH MAIN ROAD,
4TH CROSS, 7TH BLOCK,
BANASHANKARI III STAGE,
BENGALURU - 560 087.
PRESENTLY AT:
NO.5,
GURUSARVABHOOMANAGAR,
NAYANDAHALLI,
BEHIND THE CLUB,
MYSORE ROAD,
BANGALORE 560 039.
...PETITIONER
Digitally signed
by NAGAVENI (BY SRI. CHANDRASHEKARA K., ADVOCATE)
Location: High
Court of AND:
Karnataka
1. THE DEPUTY DIRECTOR
DIRECTORATE OF ENFORCEMENT,
BANGALORE ZONAL OFFICE,
3RD FLOOR, 'B' BLOCK BMTC-TTMC BUILDING,
K.H. ROAD, SHANTHINAGAR,
BANGALORE - 560 027.
...RESPONDENT
(BY SRI. UNNIKRISHNAN M., ADV.,)
-2-
NC: 2025:KHC:11827
WP No. 19 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS TO
THE RESPONDENTS TO PASS ORDERS/ DISPOSE OF
REPRESENTATIONS OF THE PETITIONERS AS FOUND AT
ANNEXURE -J AND K AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court, seeking the following
prayers:
"i. To issue a Writ in the nature of Mandamus or any
other appropriate writ, order or direction to the
respondent to pass orders / dispose of representations
of the petitioners as found at ANNEXURE - J and K;
ii. To issue a direction to the respondent to
release/handover the attached property /schedule S1.1
property to the petitioner as mentioned in the
communication dated 02.08.2021 (Annexure A).
iii. To allow this writ petition and issue any other
appropriate writ or direction or pass any other orders
as this Hon'ble court deems fit to pass in the
circumstances of the case, in the interest of justice and
equity."
2. Heard Sri. Chandrashekara K., learned counsel
appearing for the petitioner, Sri. Unnikrishnan M., learned
NC: 2025:KHC:11827
counsel appearing for the respondent and have perused the
material on record.
3. This Court, on 06.03.2025, had passed the
following order:
"Heard the learned counsel appearing for the
petitioner.
The petitioner is before this Court seeking a direction
for release of his properties, which comes to be attached
by the Enforcement Directorate in the year 2021.
The Enforcement Case Information Report or ECIR
was registered pursuant to the registration of a predicate
offence for the offences punishable under Sections
13(1)(d) and 13(1)(e) of the Prevention of Corruption
Act, 1988.
Learned counsel appearing for the petitioner submits
that the petitioner has been discharged in the predicate
offence i.e., the offences under the Prevention of
Corruption Act in the year 2018 itself.
In the light of the discharge, the very proceedings
instituted by or continued by the Enforcement Directorate
becomes without authority of law in the light of the
judgment of the Apex Court in the case of VIJAY
MADANLAL CHOUDHARY & ORS. V/s UNION OF
INDIA & ORS reported in 2022 SCC Online SC 929.
Therefore, there is no warrant for the Enforcement
Directorate to withhold the properties attached
notwithstanding the discharge and the order of discharge
becoming final.
Sri. M. Unnikrishnan, learned CGC for the respondent
seeks time upto 21.03.2025 to redeem the grievance of
the petitioner.
List the matter on 21.03.2025 in the 'fresh matters
list'."
NC: 2025:KHC:11827
4. It is an admitted fact that the petitioner has been
discharged in the predicate offence and he would fall within
those illustrations of the Apex Court as held in the case of
VIJAY MADANLAL CHOUDHARY & ORS. V. UNION OF
INDIA1.
5. The issue in the lis is with regard to attachment of
the property of registering a Enforcement Case Information
Report (ECIR) against the petitioner.
6. In the light of the discharge of the petitioner in the
predicate offence and it becoming final as on date, learned
counsel, Sri. Unnikrishnan M., representing the Enforcement
Directorate on instructions would submit that the attached
property would be released in favour of the petitioner,
if reasonable time would be granted.
7. Therefore, I deem it appropriate to dispose the
petition directing the respondent - Enforcement Directorate to
2022 SCC OnLine 929
NC: 2025:KHC:11827
de-attach the property and release it in favour of the petitioner
within 3 weeks from the date of receipt of a copy of this order,
if not earlier.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
SJK
