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2024 Supreme(Online)(KAR) 1251

HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR, J
SRI. SHIVARAJU T.S – Appellant
Versus
STATE OF KARNATAKA, DEPARTMENT OF REVENUE – Respondent


Advocates:
For the Appellants/Petitioners: SRI. K.N. PHANINDRA, SRI. SUBRAMANI M.A
For the Respondents: SRI. SUDEV HEGDE, SRI. B.B. PATIL

Table of Content
1. petitioner seeks to quash order granting investigation. (Para 1 , 3 , 4)
2. arguments against approval based on lack of evidence. (Para 5 , 6)
3. requirements for prior approval under section 17a. (Para 9)
4. importance of application of mind in granting approvals. (Para 12)
5. writ petition allowed and order quashed. (Para 18)

ORDER

2. Heard learned Senior Counsel for the petitioner, learned AGA for respondent No.1 and learned Counsel for respondent No.2 and perused the material on record.

4. Aggrieved by the impugned order at Annexure-A, dated 09.08.2023, granting approval as against the petitioner herein, he is before this Court by way of the present petitioner.

6. In support of his submissions learned Senior Counsel places reliance upon the following judgments of this Court in the case ofMAHESH.S.R. Vs. THE REGIONAL COMMISSIONER AND THE DISCIPLINARY AUTHORITY AND OTHERS in WP.No.250/2021 and MR. ARUL KUMAR Vs. STATE BY REVENUE DEPARTMENT AND OTHERS in WP.No.28622/2023 and H.V.SRIDHAR Vs. THE STATE OF KARNATAKA AND ANOTHER in WP.No.13773/2021.

8. Learned AGA as well as learned Counsel for respondent No.2-Lokayuktha would submit that the petition filed against granting

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