IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 53762 OF 2017 (GM-KLA)

BETWEEN:

THE KARNATAKA LOKAYUKTHA M.S. BUILDINGS, DR. B.R. AMBEDKAR ROAD BANGALORE - 560 001 REPRESENTED BY SRI K.V. SRINIVAS AGE 45 YEARS SON OF SRI. LATE VENKATARAMAIAH POLICE INSPECTOR.

…PETITIONER (BY SRI. V.S. ARBATTI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATIVE SOCIETIES Digitally signed by ARUNKUMAR M S BANGALORE - 560 001.

Location: HIGH COURT OF KARNATAKA

2. SRI M.H. THIMMAIAH SON OF LATE HALLAPPA, AGE 62 YEARS OCCUPATION: ASSISTNAT REGISTRAR OF COOPERATIVE SOCIETIES R/AT NO.1102, II STAGE, BTM LAYOUT, BANGALORE - 560 076.

…RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1;

SRI. RANJITH CHIPLUNKAR, ADVOCATE FOR SRI. PRASANNA KUMAR S, ADVOCATE FOR R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTTION OF INDIA PRAYING TO QUASH BY A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, OR ORDER OR DIRECTIONIN THE NATURE OF A WRIT THE ORDER PASSED UNDER ORDER DATED 2.5.2017 AT ANNEX-G PASSED BY R-1 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

This petition is filed by the Karnataka Lokayuktha, assailing the order No.266/2016 dated 02.05.2017 (Annexure-

G) passed by respondent no.1.

2. The relevant facts for adjudication of this petition are that Site No.14, 'Q' block, formed in Survey Nos. 132 and 133 of Katriguppe, Banashankari III stage, Bangalore, formed by Bhavani Housing Co-operative Society Ltd., was allotted to one Smt. K.S. Sowmya @ Soundarya and pursuant to the same, an Absolute Sale Deed dated 22.06.1999 was executed in favour of the said allottee-Smt. K.S. Sowmya @ Soundarya, by the Bhavani Housing Co-operative Society Ltd., and Possession Certificate was also issued on 11.07.2001. It is further stated in the petition that the said allotee- Smt. K.S. Sowmya @

Soundarya, died in an air crash accident on 17.04.2004 and after the death of the original allottee, the legal representatives of the original allottee/owner had executed a registered Sale Deed dated 24.09.2005 in favour of the complainant- Smt.Siddamma. It is also stated in the petition that the said complainant-Smt.Siddamma was in actual possession of the same after purchasing the aforementioned property on 24.09.2005 and in the meanwhile, the said purchaser came to know about the dispute that had been raised before the respondent no.2 by one Chandrappa on the ground that the allotment made in favour of the vendor of the complainant/Smt.Siddamma had been held to be cancelled. In the meanwhile, respondent No.2 was working as an Additional Registrar of Co-operative Societies at that time in collusion with the Secretary of the aforementioned society-P.H.Dayanand and others, has set aside the Sale Deed dated 22.06.1999 executed by the society in favour of the original allottee-Smt. K.S. Sowmya @ Soundarya and therefore the complainant has approached the petitioner herein as per the complaint at Annexure-A to the writ petition.

3. Pursuant to the same, the complaint was registered as FIR in Crime No. 80/2015 by the Lokayuktha Police as per Annexure-B. The petitioner after conducting enquiry, filed a Final Enquiry Report as per Annexure-E to the writ petition. Holding the cancellation of the sale deed by respondent no.2 while exercising his office as Additional Registrar of Co- operative Societies and thereby committing an offence under Sections 464, 466, 468, 471, 420 r/w Section 120(B) of the IPC and under Sections 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988, the petitioner has made a representation to the government seeking prosecution against respondent No.2 for the alleged offences referred to herein. The said sanction was rejected by order dated 02.05.2017 (Annexure-G) and being aggrieved by th