BEARING

VIDE

GO.No.CAASUI/620/SEASE/2021,

BENGALURU

DATED

19.08.2023 PASSED BY THE R-1 VIDE ANNEXURE-E IN SO FAR

AS PETITIONER CONCERN, ETC.

THIS PETITION, HAVING BEEN HEARD AND RESERVED

FOR

ORDERS

ON

11.09.2023,

COMING

ON

FOR

PRONOUNCEMENT

THIS

DAY,

COURT

MADE

FOLLOWING

ORDER

The petitioner is before this Court challenging an

approval

accorded

by

the

State

Government

for

conducting an investigation against her under Section 17A

of the Prevention of Corruption Act, 1988 (for brevity,

referred to as “the Act”).

- 3 -

The facts of the case are that a proposal was

submitted by the Deputy Inspector General of Police, Anti-

Corruption Bureau, to the Government seeking approval to

investigate Sri T.Shyam Bhat (the then Commissioner of

the BDA) and Smt.Shreeroopa (the petitioner), who was

working

as

Deputy

Secretary-III

in

the

Bangalore

Development Authority (“the BDA”, for short).

It was stated that the site bearing No.617 measuring

40’ X 60’ had been allotted to one Sri. P.Bhaskar Reddy by

the BDA in Sir. M.Vishweshwaraiah Layout, 5^th Stage.

Subsequently, an alternative site bearing No.1607/69 was

allotted to him in the very same 5^th Stage in place of Site

No.617, and an allotment letter, along with a possession

certificate were also issued. Subsequently, a Sale Deed

was also executed in the year 2005 in favour of

Sri. P.Bhaskar Reddy.

However, in the year 2012, as per the order of the

Commissioner, six sites measuring 40’ X 60’ were

converted into twelve sites measuring 30’ X 40’ and while

- 4 -

doing so, without the approval of Sri Bhaskar Reddy, his

site measuring 40’ X 60’ was also converted into 30’ X 40’

sites and was renumbered as site No.1609/69A before

being allotted to one Puttalakshmamma. Similarly, other

sites were also converted, and separate sub-numbers were

assigned.

5.

It was stated that the proposal to modify the layout

and change the measurement of the sites had emanated

from the office of the Executive Engineer and submitted to

the office of the Commissioner, BDA, and that though 40’

X 60’ sites had already been allotted, without allotting

alternative sites to such allottees, sites measuring 30’ X

40’ had been created and allotments were made to several

persons, as a result of which, serious prejudice was said to

have been caused to the original allottees and there was a

suspicion that the officials of the BDA had gained

unlawfully from the said exercise. The Deputy Inspector

General of Police, Anti-Corruption Bureau, therefore,

sought approval of the State Government to investigate

- 5 -

the then Commissioner Sri T.Shyam Bhat and also the

present petitioner as provided under Section 17A of the

Act.

6.

The State Government, on consideration of the said

proposal/request, came to the conclusion that a prima

facie case had been made out, and therefore, it would be

appropriate

to

accord

approval

for

conducting

an

investigation as provided under Section 17A of the Act.

7.

As stated above, it is this order of granting approval

under Section 17A of the Act, which is being challenged by

the petitioner in the instant case.

8.

Sri

D.R.Ravishankar,

learned

Senior

Counsel

appearing for the petitioner has strenuously contended

that the order of the State Government granting the

impugned approval was without application of mind and

could not, therefore, be sustained.

9.

He placed strong reliance on the judgments rendered

by

the

Co-ordinate

Benches

of

this

Court

in

- 6 -

W.P.No.8905/2022

connected

with

W.P.No.9183/2022 disposed of on 13.07.2022 and

W.P.No.24073/2022 disposed of on 01.06.2023. He

stated that this Court has laid down the law that the grant

of prior approval requires serious application of mind and

merely stating that the documents were perused or that a

prima facie case was made out would not suffice for

according approval under Section 17A of the Act.

10.

He also contended that in the instant case, apart

from mentioning the words “prima facie”, the order did not

indicate any serious