1

-IN THE HIGH COURT OF KARNATAKA, AT BANGALORE

W P No. of 2017

BETWEEN:

… PETITIONERS

AND:

State of Karnataka
& another … RESPONDENTS

SYNOPSIS

10.02.2015 The case of the petitioners with regard to

issuance of residential certificate where a
clerical mistake had occurred was referred to
Upalokayukta for enquiry and report.

20.07.2015 Additional Registrar of Enquiries-5 framed

articles of charges and statement of
imputations of misconduct as against the
petitioners. Thereafter there is no progress
in the matter.

Hence the petitioners have filed the present

writ petition to direct the respondents to

complete the enquiry within the time to be

fixed by this Hon’ble Court.

BRIEF FACTS:

The petitioners submit that one Smt.M K Meenakshi

D/o Sharadammma applied for residential certificate. The

petitioners 2 & 3 submitted report to the effect that she is

resident of Yalagallu village for the past 8 years then.

Accordingly, the first petitioner while issuing the residential

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certificate there is a clerical mistake occurred to the effect

that since 18 years she is residing in the said village. The

petitioners humbly submit that it is purely a clerical mistake

and no intention could be attributed to any of the petitioners.

The matter is referred to the Upalokayukta by the order

dated 10.2.2015 and thereafter on 20.7.2015 articles of

charges were framed by the 2nd respondent. The petitioners

are due for promotion. The enquiry proceedings before the

2nd respondent is standstill and there is no progress in the

same. Irreparable loss and injury is being caused to the

petitioners because of pendency of the enquiry proceedings.

In the circumstances, the petitioners having no other

alternative remedy have approached this Hon’ble Court

seeking direction to the respondents to complete the enquiry

proceedings within the time frame to be fixed by this Hon’ble

Court as otherwise irreparable loss and injury would be

caused to the petitioners.

Bangalore,

Date: ADVOCATE FOR PETITIONERS

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IN THE HIGH COURT OF KARNATAKA, AT BANGALORE

(ORIGINAL JURISDICTION)

WRIT PETITION No. of 2017

BETWEEN:

PETITIONERS

And:

1. State of Karnataka,
Represented by the
Principal Secretary,
Revenue Department,
M S Building,
Bengaluru 560 001.

2. The Additinoal Registrar of

Enquiries-5,
Karnataka Lokayukta,
Bengaluru 560 001. RESPONDENTS
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MEMORANDUM OF WRIT PETITION UNDER ARTICLES

226 & 227 OF THE CONSTITUTON OF INDIA

The petitioners submit as follows:

1. The petitioners submit that one Smt.M K Meenakshi

D/o Sharadammma applied for residential certificate.

The petitioners 2 & 3 submitted report to the effect that

she is resident of Yalagallu village for the past 8 years

then. Accordingly, the first petitioner while issuing the

residential certificate there is a clerical mistake

occurred to the effect that since 18 years she is residing

in the said village. The petitioners humbly submit that

it is purely a clerical mistake and no intention could be

attributed to any of the petitioners.

2. The matter is referred to the Upalokayukta by the order

dated 10.2.2015 and thereafter on 20.7.2015 articles of

charges were framed by the 2nd respondent. The

petitioners are due for promotion. The enquiry

proceedings before the 2nd respondent is standstill and

there is no progress in the same. Irreparable loss and

injury is being caused to the petitioners because of

pendency of the enquiry proceedings. Copy of the

order dated 10.2.2015 is herewith produced and

marked as ANNEXURE-A. Copy of the articles charges

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and statement of imputation is herewith produced and

marked as ANNEXURE-B.

3. In the circumstances, the petitioners having no other

alternative remedy have approached this Hon’ble Court

seeking direction to the respondents to complete the

enquiry proceedings within the time frame to be fixed by

this Hon’ble Court as otherwise irreparable loss and

injury would be caused to the petitioners.

4. The petitioners submit that they have no other

alternative remedy than to approach this Hon’ble Court

by way of this writ petition. This writ petition do not

involves the constitutional validity of any State or

Central law. The petitioners have not filed any other

writ petition on the same cause of action. This is not a

public interest litigation involving the cause of the

public.

5. The petitioners have approached this Hon’ble Court for

the relief of prayed for on the following amongst other

grounds and such other grounds that may be urged at

the time of final hearing.

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GROUNDS

6. The petitioners humbly submit that case is referred to

the 2nd respondent as early as on 10.2.2015 and

thereafter the articles of charges are framed on

20.7.2015. Thereafter there is no progress in the

enquiry proceedings. The pendency of the enquiry

proceedings is causing irreparable loss and injury to the

petitioners. Hence the petitioners are entitled to

approach this Hon’ble Court.

7. Any proceedings having commenced has to end within a

reasonable time and endlessly it cannot be kept

pending. The petitioners are due for promotion.

Because of pendency of the enquiry proceedings, their

promotions are held up. Hence it is just and necessary

to direct the respondents to complete the enquiry within

the time frame to be fixed by this Hon’ble Court.

8. The action of the respondents in keeping the enquiry

proceedings is opposed to the provisions of Articles 14,

16 & 21 of the Constitution of India.

9. The petitioners have not committed any negligence in

duty and there is no dereliction of duty in discharge of

their duty. There is only a clerical mistake while

issuing the residential certificate. Instead of 8 years it

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is wrongly mentioned as 18 years. There is no mens rea

on the part of the petitioners.

10. If the case is not directed to be completed within the

time frame to be fixed by this Hon’ble Court, irreparable

loss and injury would be caused to the petitioners.

MAIN PRAYER

WHEREFORE, the petitioners pray that this Hon’ble

Court may be pleased to:

(i) ISSUE a writ of mandamus or any other direction

to the respondents to complete the enquiry
proceedings pursuant to articles of charge dated
20.7.2015 and statement of imputations a copy of
which is produced at ANNEXURE-B within the
time frame to be fixed by this Hon’ble Court.
(ii) GRANT such other order or direction as deems fit
to grant in the facts and circumstances of the
case.
Bangalore,
Date: ADVOCATE FOR PETITONERS
Address for service:

Sri Bharat S Rao,

Advocate,
No.209, Nobel Residency,
SOS Post, B.G Road,
Bangalore South,
Bangalore 560 076.
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IN THE HIGH COURT OF KARNATAKA, AT BANGALORE

W P No. of 2017

Between:

& others … PETITIONERS

AND:
State of Karnataka & another … RESPONDENTS

AFFIDAVIT

I, today at Bangalore do hereby solemnly affirm and

state on oath as follows:-

1. I am the petitioner No.1 in the above Writ Petition and I

am conversant with the facts of this case. Hence, I am
swearing to this affidavit on my behalf and on behalf of
petitioners 2 & 3 as instructed and authorized by them.

2. The Statements made in Paragraphs- 1 to “10“ and the

following paras of the writ petition accompanying to this
affidavit are all based on my knowledge and I believe
them to be true to the best of my knowledge,
information and belief.

3. Annexures-A & B are the true copies of the originals.

I do swear that this is my name, signature and the

contents of this affidavit are all based on my knowledge and I
believe them to be true.

Identified by me,

Advocate. DEPONENT

Bangalore,
Date:
No. of corrections:
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IN THE HIGH COURT OF KARNATAKA, AT BANGALORE

W P No. of 2017

Between:

& others … PETITIONERS

AND:
State of Karnataka & another … RESPONDENTS

INDEX

Sl.No. Particulars Page Nos.

01 Synopsis

02 Memorandum of writ petition under Articles

226 & 227 of the Constitution of India

03 Verifying affidavit

04 Annexure-A Copy of the order dated

10.2.2015

05 Annexure-B Copy of the articles of charges &

statement of imputations

06 Vakalats

Bangalore,
Date: Advocate for petitioners