Karnataka High Court
Sri N Balasubramanya vs State Of Karnataka on 3 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:18868
WP No. 26685 of 2017 C/W WP No. 57314 of
2015, WP No. 12679 of 2017, WP No. 12680
of 2017,WP No. 12681 of 2017,
WP No. 12682 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 26685 OF 2017 (GM-POLICE)
C/W
WRIT PETITION NO. 57314 OF 2015 (GM-POLICE)
WRIT PETITION NO. 12679 OF 2017 (GM-POLICE)
WRIT PETITION NO. 12680 OF 2017 (GM-POLICE)
WRIT PETITION NO. 12681 OF 2017 (GM-POLICE)
WRIT PETITION NO. 12682 OF 2017 (GM-POLICE)
IN WRIT PETITION NO. 26685 OF 2017:
BETWEEN:
1. DR. T.H. VISHWANATH
S/O. T.H. HOMBALE GOWDA,
AGED ABOUT 54 YEARS,
WORKING AS JOINT COMMISSIONER,
SOUTH ZONE, BRUHAT BANGALORE
MAHANAGARA PALIKE, MAHANAGARA PALIKE
COMMERCIAL COMPLEX BUILDING,
Digitally signed by 2ND BLOCK, 9TH CROSS,
R HEMALATHA
JAYANAGAR, BANGALORE-560 011.
Location: HIGH
COURT OF
KARNATAKA 2. SRI P.R. PALANGAPPA
S/O. P.A. RAMAPPA,
AGED ABOUT 59 YEARS,
WORKING AS JOINT COMMISSIONER,
WEST ZONE, BRUHAT BANGALORE
MAHANAGARA PALIKE,
SIRUR PARK ROAD,
SAMPIGE ROAD, BANGALORE.
3. DR. S. NGARAJU
S/O B.S. SIDDAPPA,
AGED ABOUT 38 YEARS,
WORKING AS JOINT COMMISSIONER,
YELAHANKA ZONE,
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NC: 2024:KHC:18868
WP No. 26685 of 2017 C/W WP No. 57314 of
2015, WP No. 12679 of 2017, WP No. 12680
of 2017,WP No. 12681 of 2017,
WP No. 12682 of 2017
BRUHAT BANGALORE MAHANAGARA PALIKE,
BELLARY ROAD, BYATARAYANAPURA,
BANGALORE-560 092.
4. DR K C YATISH KUMAR
S/O LATE K.A. CHINNAPPA,
AGED ABOUT 53 YEARS,
WORKING AS ADDITIONAL COMMISSIONER,
OFFICE OF THE ADDITIONAL COMMISSIONER (EAST),
BRUHAT BANGALORE MAHANGARA PALIKE,
MAYO HALL, RESIDENCY ROAD, BANGALORE.
5. SRI V N VEERABADRA SWAMY
S/O LATE NINGE GOWDA,
AGED ABOUT 49 YEARS,
WORKING AS JOINT COMMISSIONER,
BOMMANAHALLI ZONE,
BRUHAT BANGALORE MAHANAGARA PALIKE,
BEGUR MAIN ROAD, BANGALORE.
6. SRI THIPPESWAMY M H
S/O M.HANUMANTHAPPA,
AGED ABOUT 59 YEARS,
WORKING AS JOINT COMMISSIONER,
RAJARAJESHWARI NAGAR,
BRUHAT BANGALORE MAHANGARA PALIKE,
BANGALORE-560.
7. SRI R VENKATACHALAPATHY
S/O B.RAMAIAH,
AGED ABOUT 41 YEARS,
WORKING AS JOINT COMMISSIONER,
DASARAHALLI ZONE,
BRUHAT BANGALORE MAHANGARA PALIKE,
BANGALORE-560.
8. DR VASANTHI
W/O AMARNATH G S,
AGED ABOUT 40 YEARS,
WORKING AS JOINT COMMISSIONER,
MAHADEVAPURA ZONE,
BRUHAT BANGALORE MAHANGARA PALIKE,
BANGALORE-560.
...PETITIONERS
(BY SRI. SATISH K, ADVOCATE)
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NC: 2024:KHC:18868
WP No. 26685 of 2017 C/W WP No. 57314 of
2015, WP No. 12679 of 2017, WP No. 12680
of 2017,WP No. 12681 of 2017,
WP No. 12682 of 2017
AND:
THE BANGALORE METROPOLITAN TASK FORCE
REPRESENTED BY ITS INSPECTOR OF POLICE,
B.B.M.P. BUILDING, N.R.SQUARE,
BANGALORE-560 002.
...RESPONDENT
(BY SRI. MANJUNATH K, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION
OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE
RESPONDENT PERTAINING TO THE IMPUGNED NOTICES DATED
12.4.2017 AND IMPUGNED POLICE NOTICES DATED 12.6.2017. QUASH
THE IMPUGNED POLICE NOTICES DATED 21.4.2017 ISSUED BY THE
RESPONDENT POLICE TO THE PETITIONERS [ANNEXURE-A, A1 TO A7]
AND THE IMPUGNED POLICE NOTICES DATED 12.6.2017 ISSUED BY THE
RESPONDENT [ANNEXURE-B, B1 TO B7] AND ETC.,
IN WRIT PETITION NO. 57314 OF 2015:
BETWEEN:
1. SRI BASAVARAJ R KABADE
S/O R.Y. KABADE,
AGED ABOUT 42 YEARS,
WORKING AS EXECUTIVE ENGINEER,
TRAFFIC ENGGINEERING CELL,
GROUND FLOOR, ANNEXURE BUILDING-3,
N.R. SQUARE, BANGALORE-560 002.
2. SRI. RAJESH S.V
S/O N. LATE VENKATESH,
AGED ABOUT 41 YEARS,
WORKING AS EXECUTIVE ENGINEER,
ROAD INFRASTRUCTURE, SOUTH BANGALORE,
108, 1ST FLOOR, ANNEXURE BUILDING-3,
N.R. SQUARE, BANGALORE-560 002.
3. SRI. B.G. RAGHAVENDRA PRASAD
S/O LATE V. GANGAHANUMAIAH,
AGED ABOUT 39 YEARS,
WORKING AS EXECUTIVE ENGINEER,
ROAD INFRASTRUCTURE,
MAHADEVAPURA ZONE,
ROOM NO.104, 1ST FLOOR, ANNEXURE BUILDING-3,
N.R. SQUARE, BANGALORE-560 002.
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NC: 2024:KHC:18868
WP No. 26685 of 2017 C/W WP No. 57314 of
2015, WP No. 12679 of 2017, WP No. 12680
of 2017,WP No. 12681 of 2017,
WP No. 12682 of 2017
4. SRI. M. KEMPEGOWDA
S/O LATE MUNISANNAPPA
AGED ABOUT 54 YEARS,
WORKING AS EXECUTIVE ENGINEER,
ROAD INFRASTRUCTURE, EAST DIVISION,
ROOM NO.208, 2ND FLOOR, ANNEXURE BUILDING-3,
N.R. SQUARE, BANGALORE-560 002.
5. SRI. B.C. PRAHALLAD
S/O SATYANARAYAN ACHAR,
AGED ABOUT 44 YEARS,
WORKING AS EXECUTIVE ENGINEER,
ROAD INFRASTRUCTURE, RAJARAJESHWARI ZONE, ROOM
NO.408, 4TH FLOOR, ANNEXURE BUILDING-3,
N.R. SQUARE, BANGALROE-560 002.
6. SRI. MALATHESHA R
S/O RAMA NAYAK
AGED ABOUT 46 YEARS,
WORKING AS EXECUTIVE ENGINEER
ROAD INFRASTRUCTURE, WEST,
ROOM NO.103, 1ST FLOOR, ANNEXURE BUILDING-3,
N.R. SQUARE, BANGALORE-560 002.
7. SRI. RAMESH A.S
S/O SIDDALINGE GOWDA,
AGED ABOUT 50 YEARS,
WORKING AS EXECUTIVE ENGINEER,
ROAD INFRASTRUCTURE, YELAHANKA ZONE,
ROOM NO.106, 1ST FLOOR, ANNEXURE BUILDING-3,
N.R. SQUARE, BANGALORE-560 002.
8. SRI. MUKUND B.S
S/O SHANTHAPPA GOWDA
AGED ABOUT 51 YEARS,
WORKING AS EXECUTIVE ENGINEER,
ROAD INFRASTRUCTURE, DASARAHALLI ZONE,
ROOM NO.208, 2ND FLOOR,
ANNEXURE BUILDING-3,
N.R. SQUARE, BANGALORE-560 002.
...PETITIONERS
(BY SRI. LOKESH M, ADVOCATE)
AND:
THE DEPUTY SUPERINTENDENT OF POLICE,
BANGALORE METROPOLITAN POLICE,
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NC: 2024:KHC:18868
WP No. 26685 of 2017 C/W WP No. 57314 of
2015, WP No. 12679 of 2017, WP No. 12680
of 2017,WP No. 12681 of 2017,
WP No. 12682 of 2017
B.B.M.P. BUILDING,
N.R. SQUARE, BANGALORE-560 002.
2. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
REP. BY ITS PRINCIPAL SECRETARY,
VIKASA SOUDHA, AMBEDKAR VEEDHI,
BANGALORE 560 001.
(AMENDED VIDE COURT ORDER DATED 15.12.2015)
...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION
OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE
RESPONDENT PERTAINING TO THE IMPUGNED NOTICES DATED
23.11.2015, 26.11.2015 AND 4.12.2015. QUASH THE IMPUGNED POLICE
NOTICES DATED.23.11.2015 [ANNEX-A, A1, A2, A5, A6, A7, A8] DATED
4.12.2015 VIDE ANNEX-A3, DATED 26.11.2015 VIDE ANNEX-A4.
IN WRIT PETITION NO. 12679 OF 2017:
BETWEEN:
SRI N BALASUBRAMANYA
S/O LATE R NANJUNDAIAH,
AGED ABOUT 59 YEARS,
SUPERINTENDENT ENGINEER,
K.R.I.D.L., NO.52, 4TH FLOOR, 1ST MAIN ROAD,
SHESHADRIPURAM, BENGALURU - 560 020.
...PETITIONER
(BY SRI. MANJUNATH PRASAD H N., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
HOME DEPARTMENT,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU-01.
2. BENGALURU METROPOLITAN TASK FORCE,
GROUND FLOOR, ANNEXURE BUILDING,
BBMP HEAD OFFICE, N.R.SQUARE,
BENGALURU - 560 002.
REPRESENTED BY ITS
DEPUTY SUPERINTENDENT OF POLICE
...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP FOR R1 & R2)
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NC: 2024:KHC:18868
WP No. 26685 of 2017 C/W WP No. 57314 of
2015, WP No. 12679 of 2017, WP No. 12680
of 2017,WP No. 12681 of 2017,
WP No. 12682 of 2017
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE
DATED 13.03.2017 AT ANNEX-A; DIRECT R-2 TO FUNCTION AND
EXERCISE POWERS IN TERMS OF THE GOVERNMENT ORDER DATED
2.2.2013.
IN WRIT PETITION NO. 12680 OF 2017:
BETWEEN:
SRI SHASHIDHAR M MORABAD
S/O LATE MALLIKARJUNAPPA,
AGED ABOUT 59 YEARS,
EXECUTIVE ENGINEER 5,
K R I D L, NO.52, 4TH FLOOR,
SHESHADRIPURAM,
BENGALURU 560 020.
...PETITIONER
(BY SRI. MANJUNATH PRASAD H N.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
HOME DEPARTMENT,
REPRESENTED BY ITS,
PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU-560 002.
2. BENGALURU METROPLITAN
TASK FORCE, GROUND FLOOR,
ANNEXURE BUILDING,
BBMP HEAD OFFICE,
N R SQUARE, BENGALURU 560 002,
REPRESENTED BY ITS,
DEPUTY SUPERINTENDENT OF POLICE.
...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP FOR R1 & R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE
DATED 13.03.2017 AT ANNEX-A, DIRECT R-2 TO FUNCTION AND
EXERCISE POWERS IN TERMS OF THE GOVERNMENT ORDER DATED
2.2.2013.
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NC: 2024:KHC:18868
WP No. 26685 of 2017 C/W WP No. 57314 of
2015, WP No. 12679 of 2017, WP No. 12680
of 2017,WP No. 12681 of 2017,
WP No. 12682 of 2017
IN WRIT PETITION NO. 12681 OF 2017:
BETWEEN:
SRI M S UMESH
S/O LATE M.S.SOMASHEKHAR,
AGED ABOUT 59 YEARS,
EXECUTIVE ENGINEER,
K.R.I.D.L, NO.18, K.N.S.COMPLEX,
HIG, KHB COLONY,
BASAVESHWARANAGARA,
BENGALURU-560 079.
...PETITIONER
(BY SRI. MANJUNATH PRASAD H N.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
HOME DEPARTMENT,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU-560 001.
2. BENGALURU METROPOLITAN TASK FORCE
ANNEXURE BUILDING, BBMP HEAD OFFICE,
N.R.SQUARE, BENGALURU-560 002,
REPRESENTED BY ITS
DEPUTY SUPERINTENDENT OF POLICE.
...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP FOR R1 & R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE
DATED 16.02.2017 AT ANNEX-A, DIRECT R-2 TO FUNCTION AND
EXERCISE POWERS IN TERMS OF THE GOVERNMENT ORDER DATED
2.2.2013. VIDE ANNEXURE-AGRANT AN INTERIM ORDER TO STAY ALL
FURTHER PROCEEDINGS PURSUANT TO THE IMPUGNED POLICE
NOTICE DATED 16.2.2017 VIDE ANNEXURE-A.
IN WRIT PETITION NO. 12682 OF 2017:
BETWEEN:
SRI S G SHIVAKUMAR
S/O S.G.KARIBASAPPA,
AGED ABOUT 56 YEARS,
EXECUTIVE ENGINEER
K.R.I.D.L NO.52, 4TH FLOOR,
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WP No. 26685 of 2017 C/W WP No. 57314 of
2015, WP No. 12679 of 2017, WP No. 12680
of 2017,WP No. 12681 of 2017,
WP No. 12682 of 2017
1ST MAIN ROAD, SHESHADRIPURAM
BENGALURU-560 020.
...PETITIONER
(BY SRI. MANJUNATH PRASAD H N., ADVOCATE)
AND:
1. STATE OF KARNATAKA
HOME DEPARTMENT,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU-01.
2. BENGALURU METROPOLITAN TASK FORCE
GROUND FLOOR, ANNEXURE BUILDING,
BBMP HEAD OFFICE, N.R.SQUARE,
BENGALURU-560 002,
REPRESENTED BY ITS,
DEPUTY SUPERINTENDENT OF POLICE.
...RESPONDENTS
(BY SRI. MANJUNATH K, HCGP FOR R1 & R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE
DATED 13.03.2017 AT ANNEX-A, DIRECT R-2 TO FUNCTION AND
EXERCISE POWERS IN TERMS OF THE GOVERNMENT ORDER DATED
2.2.2013.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In all these petitions, the petitioners have challenged the notices issued by the respondent, the Bangalore Metropolitan Task Force (BMTF). These notices require the petitioners to produce documents regarding the alleged misappropriation of funds entrusted to the Bruhat Bengaluru Mahanagara Palike (BBMP) for the development of legislative assembly constituencies across Bengaluru.
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2. The learned counsel for the petitioners argues that the BMTF has summoned the petitioners for investigation without first registering a First Information Report (FIR), which he claims exceeds their authority. He further contends that the BMTF was established to detect and investigate the commission of specific offences, as outlined in the Government Order dated 19.03.1996, followed by the notification dated 02.02.2013. Therefore, according to the petitioners, the impugned notices issued by the BMTF lack legal authority.
3. The learned High Court Government Pleader for the respondent, the State, counters that the BMTF is authorized to investigate the current case, as detailed in the Government Order dated 19.03.1996. Hence, the respondent argues that the petitioners' contention that the BMTF's notices lack authority is unfounded.
4. I have considered the submissions made by the learned counsel for both parties.
5. The BMTF was established by the Government Order dated 19.03.1996 for the detection of the commission of any design of committing any offence, investigation, and prosecution of such offences. These offences relate to the unauthorized occupation of land, which is punishable under the Karnataka Municipal Corporation Act, 1964, the Bangalore Water Supply and Sewerage Act, 1964, and the Karnataka Slum Areas (Improvement and Clearance) Act, 1973. A thorough reading of the Government Order
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NC: 2024:KHC:18868 WP No. 26685 of 2017 C/W WP No. 57314 of 2015, WP No. 12679 of 2017, WP No. 12680 of 2017,WP No. 12681 of 2017, WP No. 12682 of 2017 indicates that the BMTF is specifically created to investigate offences under these enactments and is not authorized to investigate offences punishable under the Indian Penal Code (IPC) or the Karnataka Land Revenue Act.
6. Therefore, the impugned notices issued by the BMTF, which call upon the petitioners to produce documents related to the misappropriation of funds, are issued without legal authority. This lack of authority stems from the BMTF's jurisdiction being limited to offences specified in the aforementioned municipal and slum clearance laws, and not extending to the investigation of financial misappropriation under IPC. Accordingly, I pass the following:
ORDER
i) The petitions are allowed.
WP No.26685/2017:
ii) The impugned notices dated 21.4.2017 issued by the respondent and the impugned notices dated 12.6.2017 issued by the respondent are hereby quashed.
WP No.57314/2015:
iii) The impugned notice dated 23.11.2015, 4.12.2015 and 26.11.2015 issued by the respondent are hereby quashed.
WP No.12679/2017:
iv) The impugned notice dated 13.3.2017 issued by the respondent is hereby quashed.
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NC: 2024:KHC:18868 WP No. 26685 of 2017 C/W WP No. 57314 of 2015, WP No. 12679 of 2017, WP No. 12680 of 2017,WP No. 12681 of 2017, WP No. 12682 of 2017 WP No.12680/2017:
v) The impugned notice dated 13.3.2017 issued by the respondent is hereby quashed.
WP No.12681/2017:
vi) The impugned notice dated 16.2.2017 issued by the respondent is hereby quashed.
WP No.12682/2017:
vii) The impugned notice dated 13.3.2017 issued by the respondent is hereby quashed.
viii) It is needless to state that the competent Authority is authorized to initiate criminal proceedings as against the petitioners for the alleged misappropriation of funds is not permissible under law.
Sd/-
JUDGE BKM