Karnataka · Act 28 of 2023

The Karnataka Conduct of Government Litigation Act, 2023

The Karnataka Conduct of Government Litigation Act, 2023

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KARNATAKA ACT NO. 28 OF 2023 
 

 

THE KARNATAKA CONDUCT OF GOVERNMENT LITIGATION ACT, 2023 

Arrangement of Section 

Sections: 

1. Short title, commencement and application 

2. Exemptions 

3. Definitions 

4. Government permission required for institution of cases 

5. Procedure for institution 

6. Sanction of Prosecution 

7. Preparation of plaint 

8. Procedure after presentation 

9. Responsibilities of Litigation Conducting Officer 

10. Procedure in urgent cases 

11. Procedure in case of notice under section 80 of the Civil Procedure Code, 1908 

12. Examination of claim 

13. Application to Writ Petitions 

14. Summons and appearance 

15. Preparing Defense Statement 

16. Sanctioning defense 

17. Approval of the defense 

18. Duties and Responsibilities of the Law Officer 

19. Powers and Functions of the Law Secretary 

20. Duties of the Litigation Conducting Officer 

21. Framing of Issues 

22. Assistance through the trial 



 

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23. Production and Custody of Documents 

24. Witnesses 

25. Examination on commission 

26. Safeguarding Government interest 

27. Certified copies 

28. Appeallable cases 

28A. Designated Officer 

28B. Non-Compliance of Court Order 

29. Appeal by the Government 

30. Appeals against the Government 

31. General 

32. Writ Petitions filed against the Government 

33. Taking notice upon direction 

34. Procedure after notice 

35. Draft Counter Statement 

36. Approval of Draft 

37. Conduct of cases 

38. Writ Appeals 

39. Cases filed by the State Government 

40. Issue of Authorisation 

41. Other requirements about the Order 

42. Duty of Law Officer 

43. Advocate General to coordinate 

44. Cases filed against the Government 

45. Expenses of the Advocate on record 

46. Duties of the Advocate on Record 

47. Authorisation to conduct cases 



 

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48. Documents to be made available 

49. Conducting Evidence 

50. Certain obligations of the concerned Deputy Commissioner and any  

      officer specially designated by the Government 

51. Forged and make believe documents 

52. Enhancement of compensation 

53. Appeal against Award of Authority 

54. Deposit of amount 

55. Procedure in Accident Claims 

56. Decrees in favour of Government 

57. Remittance of amount recovered 

58. Attachment of Property 

59. Bad Debts 

60. Maintenance of Registers 

61. Decrees against the Government 

62. Procedure upon notice 

63. Procedure where no appeal is filed 

64. Duties of the Prosecutors 

65. Procedure after Judgment 

66. Appealable cases 

67. Non-appealable cases 

68. Appeals against the Government 

69. Procedure upon disposal 

70. Non- appealable cases 

71. Specific Duties of Prosecuting Officers 

72. Maintenance of Registers and Furnishing of Quarterly Reports 

73. Duties of the Deputy Commissioners 



 

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74. Duties of the Heads of Department 

75. Power to issue directions 

76. Nodal Officer 

77. State Level Committee 

78. District Level Committee 

79. Functions of the State and District Level Committee 

80. Uploading of Court Cases 

81. Duties and Responsibilities of AG/AAG/HGA/AGA/ Government Advocate 

82. Power to make rules 

83. Savings 

  

STATEMENT OF OBJECTS AND REASONS 

I 

Act 28 of 2023.-  There are Rules, Orders, Notifications, circulars., etc 
with regard to conduct of State Litigations before the Law Courts and 

Statutory Tribunals in the State. Further, it is considered necessary to enact 
an effective Legislation to ensure efficient and responsible conduct of 

Government Litigation before the Law Courts and Statutory Tribunals in the 
State. 

 Hence, the Bill 

[L.A. Bill No. 14 of 2023, File No. SAMVYASHAE  21 SHASANA 2023]  

[Entry 12 and 13 of List III of the Seventh Schedule to the Constitution of India.]   

[Published in Karnataka Gazette Extra-ordinary No.344 in part-IVA 

dated:27.07.2023] 

II 

Amendment Act 68 of 2025:- It is considered necessary to amend 

the Karnataka Conduct of Government Litigation Act, 2023 (Karnataka Act 

28 of 2023) to,- 

(i) implement the directions given by the Hon'ble High Court of 

Karnataka in writ petition No.11822 of 2024(GE-RES-PIL); 



 

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(ii) appoint an Officer as Designated Officer to supervise the 

enforcement or compliance of the orders of the court of law; and 

 

(iii) to specify the procedure for Non-Compliance of court order. 

  Hence, the Bill. 

 

[L.A. Bill No. 47 of 2025, File No. SAMVYASHAE 62 SHASANA 2025]  

[Entries 12 and 13 of List III of the Seventh Schedule to the Constitution of 

India]  

[Published in Karnataka Gazette Extra-ordinary No.589 in part-IVA 

dated:12.09.2025] 

 

  



 

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KARNATAKA ACT NO. 28 OF 2023 

(First Published in the Karnataka Gazette Extra-ordinary on the  27th day of July 

2023) 
 

THE KARNATAKA CONDUCT OF GOVERNMENT LITIGATION ACT, 2023 

 (Received the assent of the Governor on the  27th day of July, 2023) 

(As amended by Act 68 of 2025) 

 An Act to ensure efficient and responsible conduct in the matter of handling 

Government Litigation before the Law Courts and Statutory Tribunals in the State. 

 Whereas it is expedient to provide by law to ensure efficient and responsible 

conduct in the matter of handling Government Litigation before the Law Courts and 

Statutory Tribunals in the State. 

 Be it enacted by the Karnataka State Legislature in the Seventy-Fourth year 

of the Republic of India as follows:- 

 

CHAPTER I 

PRELIMINARY 
 

 1. Short title, commencement and application:- (1) This Act may be 

called the Karnataka Conduct of Government Litigation Act, 2023. 

 (2) It shall come into force on such date as the State Government may by 

1[notification]1 in the Official Gazette appoint. 

1. This Act has come into force w.e.f. 02.09.2023. by Notification No. LAW/LCE/136/2023 Dated: 02.09.2023. (See 

the text notification at the end of the Act) 

 (3) The provisions of this Act shall apply to the conduct of litigation by or on 

behalf of the Government of Karnataka or any officer of the Government in his 

official capacity, before Law Courts and Statutory tribunals in the State. 

 2. Exemptions.- Nothing in this Act shall apply to applications seeking 

conferment of occupancy rights or the determination of surplus land under the 

Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962). 

 3. Definitions.-  (1) In  this  Act,  unless  the  context otherwise requires.-
  

(a) "Case" means any proceeding pending in a Court of Law or a 

statutory tribunal to which the State Government or any of its 

officers in his official capacity, is a party; 



 

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(b) "Departmental Secretary" means the Secretary to 

Government in the Administrative Department having 

allocation of the business concerned in the matter of the case, 

under the Karnataka Government (Allocation of Business) 

Rules, 1977 and includes the Head of the Department 

concerned in the context of cases pending before trial courts; 

(c) “District Level Committee” means a committee constituted 

under section 78 of the Act; 

(d) "Government" means the State Government; 

(e) "Head of the Legal Cell" means an officer appointed as Head 

of the Legal Cell, or any other officer notified as such by the 

Government; 

(f) “Incorporation of Technology” means and includes the court 

case monitoring system and such other software as developed 

by NIC, e-governance or such other agency as specified by the 

Government from time to time; 

(g) "Law Officer" has the same meaning as in the Karnataka Law 

Officers (Appointment and Conditions of Service) Rules, 1977; 

(h) "Legal Cell" means the Legal Cell established in each of the 

Secretariat Departments of the Karnataka Government 

Secretariat; 

(i) "Litigation Conducting Officer " means, in relation to each 

case, the Officer in the department concerned who is placed in 

charge of the conduct of litigation in that case; 

(j) "Nodal Officer" means an officer appointed as Nodal  Officer 

by the Government by Notification; and  

(k) “State Level Committee” means a committee constituted 

under section 77 of the Act. 

(2) All the other words used but not defined in this Act shall have the same 

meaning as assigned to them in the Karnataka General Clauses Act, 1899 

(Karnataka  Act No.III  of 1899). 

 

 



 

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CHAPTER II 

CASES FILED BY THE GOVERNMENT 

 

 4. Government permission required for institution of cases.- Subject to 

general or special orders made by the Government in this behalf, no case on behalf 

of the Government or any of its officers shall be instituted in a Court against any 

person or authority without the sanction of the Government granted in accordance 

with the provisions of this Act. 

          5. Procedure for institution.- (1) Where it appears to an officer of the 

Government that it is reasonably necessary to institute a case for protecting any 

right or interest or any property of the Government or to prevent injury or damage 

to such right, interest or property, he shall forthwith submit to the Government, 

through proper channel, a detailed report of the facts and circumstances of the 

case. 

 (2) The report under sub-section (1), shall contain the following particulars, 

namely.- 

(a) a brief history of the case; 

(b) the facts and circumstances calling for institution of the case; 

(c) the date and place of occurrence of the cause of action;  

(d) nature of violation, default or injury;  

(e) form and probable extent of damage or claim; 

(f) copies of the evidence upon which the claim is based and of the 

provisions of the law, rules, notifications, orders, circulars or records, 

inspection of which is considered necessary for a proper elucidation of 

the case; 

(g) points of objection that are likely or open to be urged by the opponents 

in the case; 

(h) evidence, both oral and documentary, which may or is likely to be 

pressed into service  against the claim; 

(i) where the proposed case is for recovery of money, 

(i) a report of whether  the institution of the case is 

necessary notwithstanding the fact that the possibility 



 

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of recovery is doubtful, with reasons for the 

conclusion;  

(ii) the financial status and position of assets of the 

persons against whom the case is proposed to be filed 

in order to know whether it is possible to obtain 

satisfaction of the decree that may be passed against 

him.  

(j) particulars of all earlier litigation, if any, between the parties and the 

result thereof; 

(k) particulars of earlier litigation, if any, involving similar questions and 

the  result thereof; 

(l) special grounds which render the filing of the case necessary and the 

consequences of not filing the case; and  

(m) other particulars as may be prescribed. 

 (3) If the Officer making the report is an Officer subordinate to the Secretary, 

Head of the Department, shall on receipt of such a report examine the matter and 

forward the matter and the report along with his remarks to the Departmental 

Secretary. 

 (4) If after considering the report the Departmental Secretary is satisfied that 

it is necessary to file a case, he shall refer the case to the Head of the Legal Cell of 

the Department along with particulars of.- 

(i) the Officer who is conversant with the facts of the case;  

(ii) the Officer who shall be the Litigation Conducting Officer for the 

case; and  

(iii) the officer who is to sign and verify the pleadings and affidavits 

in the case and shall also indicate the date within which the 

case should be filed in the Court. 

 6. Sanction of Prosecution.- (1) Upon receipt of the reference from the 

Departmental Secretary, the Head of the Legal cell shall examine the legality of the 

case, call for such further or additional information, documents or evidence and 

such files as he may think necessary and take a final decision in the matter. If the 

Head of the Legal cell decides to file a case he shall refer the case to the Law 

Department for order of sanction to file the case: 



 

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 (2) The Law Department may, after considering all aspects of the case, may 

either reject the proposal or approve the proposal. In case  it has rejected, it shall 

inform the Head of the Legal Cell giving reasons for the rejection and copy thereof 

sent to the Departmental Secretary.  Where the Law Department approves the 

proposal it shall sanction the institution of the case and inform the Head of the 

Legal Cell concerned and the Departmental Secretary and also authorize the Law 

Officer to be in charge of the litigation to file the case within a date, not later than 

the date of bar by limitation, to be specified in the authorization. 

 7. Preparation of plaint.- (1) The Head of the Legal Cell concerned shall 

thereupon coordinate with the Litigation Conducting Officer and the concerned Law 

Officer and get a draft plaint or petition prepared by the Law Officer, and submit 

the same to the Law Department for approval. 

 (2) The Law Department shall examine the draft, ensure that all the points 

both legal and factual are pleaded, accord approval and forward the approved 

plaint or petition to the Litigation Conducting Officer.  

   (3) The Litigation Conducting Officer shall then get it signed and verified by 

the officer who is authorized to sign and verify the pleading and thereafter entrust 

the same along with required number of copies thereof to the Law Officer concerned 

for presentation before the Court well within the date indicated in the sanction 

order or within the date of bar of limitation, whichever is earlier. 

  8. Procedure after presentation.- (1) The Law Officer shall forward a true 

copy of the plaint and its enclosures as actually presented to the Court along with 

the date of presentation of the plaint, to the Government in the Law Department, 

and where the case is required to be filed in a Court of Civil Judge (Junior division), 

also to the Director of Prosecutions and Government Litigation. 

(2) The Law Officer shall intimate the number of the case as soon as it is 

registered and shall also forward true copies of the written statements, counter and 

other pleadings filed by the defendant, filing of Interim application and obtaining 

Ad-Interim Temporary Injunction, issues framed in the suit and amendments if any 

to the pleadings or issues, as and when such are filed in the court. Expenses of 

obtaining certified copies wherever necessary shall be incurred and paid out of the 

contingency fund as provided in Article 240(b) of the Karnataka Financial Code. 

 9. Responsibilities of Litigation Conducting Officer.- (1) It shall be the 

duty of the  Litigation Conducting Officer to regularly watch the progress of the 



 

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case and to give necessary instructions to the Law Officer to whom the case is 

entrusted, at all stages till the final disposal of the case. Before instructing the Law 

Officer, wherever necessary, he shall obtain the order of his official superior or any 

higher officer in such manner as he considers proper. 

 (2) The Litigation Conducting Officer shall, wherever necessary or expedient, 

take steps for obtaining appropriate interlocutory orders like attachment before 

judgment, temporary injunction, order of status-quo ante and the like and shall 

take such other steps as are available under the code of Civil Procedure or other 

laws for protection and preservation of government property and for the effective 

prosecution of the case. 

 10. Procedure in urgent cases.- (1) In case of urgency such as where it is 

necessary to act immediately to protect any right, interest or  property of the 

Government, or the delay would otherwise be prejudicial to the interests of the 

Government, then, notwithstanding anything contained in section 9, the Officer 

referred to in sub-section (1) thereof, may, if he is a Group-A Officer, on his own 

responsibility, and if he is not a Group A Officer with the approval of his official 

superior who is a Group A Officer get the case filed in consultation with any Law 

Officer. 

 (2) As soon as may be after the case is filed, he shall bring the fact to the 

notice of the Departmental Secretary and forward his report under section 5 in the 

manner specified therein: 

 Provided that, in such a case, the Departmental Secretary may after scrutiny 

and in consultation with the Law Department, record his reasons for withdrawal of 

the case and withdraw the case, at any time.  

 11. Procedure in case of notice under section 80 of the Civil Procedure 

Code, 1908.- (1) On the receipt of a notice under section 80 of the Code of Civil 

Procedure, 1908, the officer receiving the notice shall as soon as may be after such 

receipt; seek para wise remarks from the officers concerned and forward it to the 

Departmental Secretary. The Departmental Secretary shall examine the claim made 

in the notice and the para-wise remarks there-against and take a final decision 

including the possibility of recording a settlement out of Court, within fifteen days 

from the date of the receipt of the notice. 

(2) The Departmental Secretary shall, while examining a case, have due 

regard to the following aspects, namely.- 



 

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(i) in regard to a claim which has already been examined and 

rejected, consider whether any new point which has not been 

examined earlier has been raised. Such a new point, if any, 

shall be thoroughly examined and it shall be considered 

whether the earlier decision requires to be revised. If the Law 

Department had not been consulted earlier or if new points 

have been raised, the advice of the Law Department shall be 

obtained before taking a final decision; and  

(ii) in regard to a claim which is still under consideration or which 

has not been examined examine the same and take a decision 

as early as possible in consultation with the Law Department. 

 (3) While making a reference to the Law Department the Departmental 

Secretary shall prepare and forward a self-contained note giving the history of the 

claim and the para-wise comments on the various allegations made in the notice.   

 (4) If the claim is genuine and requires to be admitted, the Departmental 

Secretary shall take immediate action to settle the claim forthwith. If the claim can 

be admitted in part only, no response shall be sent without consulting the Law 

Department. 

 (5) In case of claims arising out of an agreement or contract, where there is a 

provision in the agreement for referring the matter to arbitration or otherwise where 

there is provision in law to seek remedy by way of appeal, review or revision 

alternatively, the party may be advised in the reply to the Notice, to avail the 

alternative remedies if he so chooses. 

 12. Examination of claim.- (1) Every such notice shall be treated on "top 

priority” basis and dealt with accordingly and the examination of the claim shall be 

completed and response sent within sixty days from the date of receipt. 

 (2) The Law Department shall not endorse its opinion on the file that the 

filing of the case may be awaited or that the case if filed may be resisted, without 

examining the claim in detail. The main lines of defense that are available to 

Government and the citations in support thereof shall be recorded succinctly on 

the file. 

 13. Application to Writ Petitions.- The provisions of sections 4 to 10 

and 12 above, shall apply mutatis mutandis to filing of writ petitions  by the 

Government. 



 

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CHAPTER III 

CASES FILED AGAINST THE GOVERNMENT 

   

 14. Summons and appearance.- (1) Where in a case other than a Writ 

Petition   instituted against the State Government or against an officer of the State 

Government in his official capacity, summons or notice thereof is served on such or 

any other officer of the State Government, such officer shall unless he is himself 

the Departmental Secretary, report the fact of such summons or notice to the 

Departmental Secretary, who shall make a request to the Law Secretary to 

authorize a Law Officer to appear for the Government in the case and ensure that 

the case is not heard or decided ex-parte.  

 (2) The Departmental Secretary shall indicate to the authorized Law Officer 

the name of the officer who is conversant with the subject matter or the facts of the 

case, the name of the officer who is to verify and sign the pleading to be filed in the 

case and of the Litigation Conducting Officer for the case and shall also furnish to 

the Law Officer, copies of all documents necessary for defending the case and at the 

request of the Law Officer entrust the files relating to the matter to the Law Officer. 

 (3) Where a summons or notice in a case is addressed to the Chief Secretary 

to Government, the Head of the Legal Cell in the concerned department shall 

receive the same The Head of the Legal Cell shall send request to the Law 

Department to authorize a Law Officer to appear on behalf of the Government and 

also forward a copy of the pleading  and Interim applications received by him to the 

Departmental Secretary and to the Head of the Department for taking necessary 

action, to offer remarks and to forward the report and papers indicated in sub-

section (2).  

 15. Preparing Defense Statement.-  (1) The authorized Law Officer shall 

obtain from the Departmental Secretary, and where the case concerns more than 

one department from all the concerned Departmental Secretaries, details of the 

facts and circumstances leading to the institution of the case together with the 

para-wise remarks in respect of the averments made in the petition, plaint or any 



 

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interim application and prepare the Statement of Objections or as the case may be, 

the Written Statement to be filed into Court in appropriate time.  

 (2) Where different departments are sued jointly or if the claim in a suit 

relates to the acts of two or more departments, the authorized Law Officer shall 

with least possible delay, communicate with each one of the Departmental 

Secretaries and/or other officers named in the plaint or petition and arrange to set 

up, if possible, a common line of defense and prepare a common Statement of 

Objections or as the case may be a common Written Statement. 

  16. Sanctioning defense.- If upon examination of the case the Law 

Secretary finds that the Government needs to defend against the claim, he shall 

forthwith issue orders sanctioning the defense and instructing a Law Officer to 

appear and defend the Government or, as the case may be, the Officer or officers 

sued in the case. The order shall also specify the officer who shall be the Litigation 

Conducting Officer for the case and the officer who is authorised to sign and verify 

the pleadings.  

 17. Approval of the defense.- The authorized Law Officer shall after 

preparing the Statement of Objections or as the case may be the Written 

Statement, put up the same to the Law Secretary accompanied by the copies of the 

plaint, petition or other pleadings in the case, copies of para-wise remarks and 

relevant documents seeking his approval of the defense. The Law Secretary shall 

also be kept informed of. – 

(a) the date fixed by the Court for the first or next hearing; 

(b) whether notice under Section 80 of the Code of Civil Procedure 1908 has 

been given by the plaintiff and if so, the date of delivery of such notice, 

and the authority to which such notice was given, along with a copy of 

such notice; and 

(c) the name and other particulars of the officer who is conversant 

with the facts of the case, the Litigation Conducting Officer for the 

case and the name of the officer who is to be authorized to sign 

and verify the pleadings.  

 18. Duties and Responsibilities of the Law Officer.- (1) It shall be the duty 

of the authorized Law Officer:  

(a) to study the case with reference to the case law on the subject and 

raise all points of defense open to the Government; 



 

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(b) not to treat the drafting of the written statement or counter as a 

matter of routine; 

(c) to go through the para-wise remarks, the relevant files and 

acquaint himself fully with the facts of the case after discussion 

with the concerned officers; 

(d) to prepare and forward the draft written statement or counter along 

with the connected records to the Law Secretary for approval of the 

defense; 

(e) where the matter is urgent, to take the draft and the records 

personally to the Law Secretary and obtain his approval thereto; 

(f) to file the statement of defense or the counter or other pleading and 

documents into court in proper time; 

(g) to draft of the pleadings properly; 

(h) to send copies of all pleadings filed in Court  to the Law Secretary; 

(i)  to conduct the case with utmost care and vigilance; and  

(j) to do such other things as the State Government may from time to 

time require from  him  

 (2) It shall be the responsibility of the Law Officer to see that sufficient 

extension of time, if necessary by filing application, is obtained for the purpose of 

filling written statement or counter and to see that in no case, any order against 

the Government or an Officer is passed by the Court ex-parte. 

 (3) In cases of urgent necessity the Law Officer may, in consultation with the 

Departmental Secretary or the Officer concerned, prepare the final written 

statement or counter in defense of the claim and file it before the Court and later 

obtain ratification from the Law Secretary who may after scrutiny direct an 

additional written statement or counter to be filed, 

 (4) Where in any case an Interim Order is passed ex-parte against the 

Government It shall be the duty of the law officer to contact the Litigation 

Conducting Officer and to take necessary steps to get the order vacated, by filling 

proper application. For that purpose it is not necessary to wait for specific 

instruction or direction from the concerned Departmental Secretary or the Law 

Secretary 



 

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 19. Powers and Functions of the Law Secretary.- (1) The Law Secretary 

shall have the power to call for such further information, documents or records as 

may be found necessary, to require the presence of any officer for consultation and 

to make any correction, addition or alteration in the draft written statement or 

counter.  

 (2) It shall be obligatory on the Law Secretary, 

(a) not to treat the scrutiny of case papers, documents and the 

draft defense, counter or other pleading as a matter of routine; 

(b) to take care that no admissions that are not warranted by the 

records are made to the Court; 

(c) to ensure that all points of defense, factual and legal, as are 

open to be taken are properly and adequately raised and 

included in the final written argument; and   

(d) to do all other things as are required to be done for effective 

conduct of the case. 

 20. Duties of the Litigation Conducting Officer.- (1) The Litigation 

Conducting Officer shall watch the progress of the case regularly and furnish all 

information and records required by the authorized Law Officer at all stages till the 

final disposal of the case including appeal, review or revision if any filed. In doing 

so he shall obtain, wherever necessary, orders of the official superior or any other 

higher Officer. 

 (2) The Litigation Conducting Officer shall get the required number of copies 

of the statement of defense, counter or other pleadings prepared and get it signed 

and verified by the Officer authorised to sign and verify and then hand over the 

same to the Law Officer for presentation before the Court. 

  (3) Where any interim order is passed in any case affecting the interest of 

the Government the Litigation Conducting Officer shall act through the Law Officer 

to get such order vacated. 

CHAPTER IV 

CONDUCT OF CASES 
 

 21. Framing of Issues.-Wherever issues are framed in a case the Law 

Officer shall verify whether all necessary and proper issues required to be framed in 

the case have been framed or not. If, the issues framed are defective in any 



 

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manner, or if proper issues have not been framed he shall file necessary application 

for amendment, deletion or for framing of additional issues. He shall send a true 

copy of the issues so framed or amended, as the case may be to the Law Secretary. 

 22. Assistance through the trial.- (1) The Litigation Conducting Officer 

shall regularly watch the progress of the case and  provide the Law Officer 

concerned with all necessary documents, files, evidence and assistance so as to 

facilitate effective conduct of the case. He shall personally attend the Court and 

assist the Law Officer in the trial of the case. If for any valid reason however he is 

unable to attend personally, he may on his own responsibility with the permission 

of his official superior depute a responsible officer who is thoroughly conversant 

with the facts of the case and who is capable of giving adequate and necessary 

instructions to the Law Officer for effectively prosecuting the case. 

 (2) Every Officer of the department concerned whose presence is required by 

the Law Officer has a duty to go before the Law Officer and furnish information 

called for by him. The Law Officer shall not hold the departmental officers for any 

more time than what is reasonably required.  By mutual arrangement they may 

meet at any commonplace including the official chambers of the officer. The Law 

Officer shall prepare himself for the trial of the case well in advance and shall not 

seek adjournment of the case without proper excuse.  

 (3) The Departmental Secretary and the Head of the Department shall 

ensure that the Litigation Conducting Officers discharge their functions effectively 

and diligently and in the best interest of the Government. Either or both of them 

may issue such instructions as each of them may consider necessary, including the 

steps to be taken in the event of change of the Litigation Conducting Officer. As 

soon as a new Litigation Conducting Officer takes over, his name and address shall 

be intimated to the Law Officer and the Law Secretary. 

 23. Production and Custody of Documents.-  The following steps shall be 

taken to make available the documents for purposes of the trial, namely,- 

(a) All available documentary evidence shall be diligently collected 

carefully examined and produced before the Court on or before the 

day fixed for its reception; 

(b) Making application for adjournment for production of document 

shall as for as possible be avoided and such application on behalf 

of the opposite party shall, unless they are made for sufficient 



 

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reasons, be resisted as they tend to prolong the litigation and give 

opportunities for fabrication of false evidence; 

(c) When a suit is instituted upon a document, the document sued 

upon shall be produced in Court along with the plaint as required 

under Order 7, Rule 14 of the Code of Civil Procedure1908; 

(d) The Law Officer shall take steps to get important and valuable 

documents kept in safe custody in Court. The Officers handing over 

important documents to the Law Officer, either for production in 

Court or for reference, shall take proper acknowledgement there-for 

from the Law Officer. Whenever documents are produced in Court, 

they shall be produced along with a list obtaining due 

acknowledgment from the Court; 

(e) Wherever certified copies or extracts or photo copies of documents 

are admissible, production of the originals shall be avoided; 

(f) Whenever production of a particular document in a file is 

necessary, only such document shall be produced in Court and the 

production of the entire file of the department should be avoided; 

(g) Whenever production of a document in original is found necessary, 

an authenticated copy (preferably a photo copy) of such document 

shall be retained in the department file along with a note to the 

effect that the original has been filed in Court mentioning the case 

number, year, and the date of production; 

(h) Documents filed by the opponents shall be carefully examined and 

compared with the originals wherever possible at the earliest 

opportunity and efforts made to find out the genuineness or 

authenticity of the documents so produced; and 

(i) Objections relating to admissibility, genuineness or such other 

grounds shall be taken at the earliest. The Law Officer shall obtain 

certified copies of all documents produced by the opponents and 

secure them in the file. 

The production of the documents in the possession of the Government or its 

Officers when lawfully required by the Court shall not be resisted except for valid 

and sufficient reasons;  



 

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 24. Witnesses.- (1) The Law Officer shall, in consultation with the Litigation 

Conducting Officer and other officers concerned with the case, prepare a list of 

witnesses whose evidence, in his opinion, is necessary to substantiate the case of 

the Government. The witness list shall be filed in the Court well within the time 

fixed by the Court for the purpose.  

(2) The Litigation Conducting Officer shall secure the witnesses for 

examination before the Court by obtaining process of the Court wherever 

necessary. If evidence of an Officer in service is necessary, the Law Officer and the 

Litigation Conducting Officer shall request, in writing, the Officer to attend the 

Court and a copy of that letter shall be sent to the official superior of such Officer 

with a request to permit the officer to attend the Court. The Officer in question and 

his official superior shall comply with such request . 

 25. Examination on commission.- (1) The Law Officer, in consultation with 

the Litigation Conducting Officer, shall take steps for issue of commission for local 

inspection or for examination of witnesses, wherever it is necessary. 

  (2) As the case progresses the Law Secretary shall ensure that all necessary 

witnesses are examined.  

 (3) Expenses in this regard shall be borne out of the contingencies of the 

department concerned as provided in Article 240(b) of the Karnataka Financial 

Code.     

26. Safeguarding Government interest.- (1) The Law Officer shall exercise 

due discretion in safeguarding the interest of the Government in the best manner. 

Wherever there is a difference of opinion between the Law Officer and the Litigation 

Conducting Officer with regard to the proper course of action in conducting the 

case, the Law Officer shall make a reference to the Law Secretary and take action 

according to his instructions. 

 (2) The Law Officer shall not concede any claim or part thereof against the 

Government or enter into any compromise in any proceedings before any Court 

without the written authority of a responsible officer in the Law Department or the 

Director of Prosecutions and Government Litigation, as the case may be. No such 

authority shall be given without consulting the Departmental Secretary concerned. 

(a) He shall firmly oppose any proposal for compromise that is 

prejudicial to the interest of the Government; and  



 

20 
 

(b) He shall obtain and maintain copies of all interim and final orders 

passed by the Court, get copies thereof made with the assistance 

of the Litigation Conducting Officer and send a copy thereof to the 

Law Department. 

 27. Certified copies.- (1) The Law Officer shall apply for certified copies of 

the judgment and decree or order immediately after pronouncement, without any 

loss of time. In cases, where the decision has gone against the Government, he 

shall examine whether there are valid grounds to take the matter in appeal, 

revision or review and forward his report along with the certified copy of the 

judgment and decree or order, copies of documents produced in the case and the 

depositions of witnesses examined on both sides, to the Law Secretary within three 

days of the receipt of the certified copies.  

 (2) Whenever certified copies of the judgment and decree in a First Appeal 

are forwarded as required by sub-section (1) above the Law Officer shall also obtain 

and forward certified copies of the judgment and decree of the Trial Court. To avoid 

delay in obtaining such copies the Law Officer shall apply and obtain such copies 

well in advance. 

 28. Appeallable cases.- (1) On receipt of the certificate copy of the judgment 

and decree or order along with the opinion of the Law Officer, the Law Department 

shall consider and decide on taking the matter further in appeal, revision or review. 

Appeal or other appropriate proceeding shall invariably be filed in all cases where 

the judgment has the effect of affecting the title of the Government to any 

immovable property. 

 (2) If it is decided to so agitate the matter in appeal, necessary orders 

authorizing filing of the appeal, review or revision shall be issued immediately and 

a copy of the order shall be sent to the concerned Law Officer and the Litigation 

Conducting Officer along with a note indicating the grounds available for appeal 

etc., and supporting case law. Copies of the communication shall also be sent to 

the Head of the Department and the Departmental Secretary. 

(3) The procedure indicated in this sub-section shall mutatis mutandis apply 

to preferring second appeals. 

(4) If the Officer of the Legal Cell concerned decides that the matter need not 

be pursued in appeal review or revision against the orders of the Karnataka 

Administrative Tribunal or Central Administrative Tribunal or against any decision 



 

21 
 

of the High Court, the Legal Cell shall refer the matter to the Law Secretary for 

taking the final decision. 

 

 

  

All monies required by the Litigation Conducting Officer towards expenses 

for the purposes specified in these rules shall be incurred as provided in Article 

240(b) of the Karnataka Financial Code. 

1[CHAPTER-IV-A 

COMPLIANCE OF COURT ORDERS 

28-A. Designated Officer.- The Government shall  by notification 

appoint an officer as designated officer, who shall supervise the enforcement 

or compliance of any order issued by the Court of law.  
 

28-B. Non-Compliance of Court Order.- (1) Every Department with 

the assistance of the designated officer shall prepare a fortnightly report 

containing number of orders which are not complied within specified period 

and those orders which are complied with within such period. 

(2) For non-compliance of the orders, the reasons shall be assigned in 

respect of each case to be placed before the head of the Department for 

further processing towards the compliance.]1 

1. Inserted by Act 68 of 2025 w.e.f. …………… 

 

CHAPTER V 

APPEAL REVIEW AND REVISION 

 

 29. Appeal by the Government.- (1) Where orders are issued authorizing 

filing of appeal, review or revision, the Litigation Conducting Officer shall approach 

the concerned Law Officer and give him necessary instruction to prepare the 

memorandum of appeal, review or revision and to present the same before the 

concerned Court  well within the period of limitation.  

 (2) The Law Officer shall examine and take all relevant and available pleas in 

the memorandum and to present it before the Court in due time. Copy of the 

memorandum filed into the Court, shall be sent to the Law Secretary, who shall 

examine and satisfy himself that all relevant available pleas have been taken. In 



 

22 
 

case there is any omission or infirmity, the Law Officer shall be directed to file 

additional grounds of appeal to court. The Law Officer shall also inform the number 

and particulars of the appeal, review or revision filed to the Law Department. 

 (3) Wherever an appeal, review or revision is filed it shall be the duty of the 

Litigation Conducting Officer and the Law Officer to move the Appellate Court 

immediately with appropriate Interlocutory Applications for an order of stay of the 

order of Lower Court's or other appropriate relief. Such application shall, be filed 

without waiting for specific orders of the Law Department. 

 (4) In cases where there is delay in preferring the appeal Memorandum of 

Appeal shall be presented to the Court along with Application seeking to condone 

the delay supported by proper affidavit explaining the reasons for the delay, sworn 

to by a competent Officer. 

 (5) Where there is delay in preferring the appeal, review or revision, the 

officer responsible for such delay, the Law Secretary shall communicate about the 

lapse to the Departmental Secretary for taking suitable action. 

 30. Appeals against the Government.- (1) Where an appeal, review or 

revision is instituted against the State Government and notice thereof is served on 

any officer he shall take such action as is indicated in section 29 and the 

provisions thereof shall mutatis  mutandis apply to such proceedings. 

 (2) The Law Officer shall, in all such cases apply for certified copies of the 

Trial Judgment and Decree as also the Order in First Appeal for purpose of filing 

the second appeal. 

 (3) The Law Officer shall consider whether there is necessity of preferring 

cross-objections in an appeal and if it is decided to prefer cross-objections the Law 

Officer may prepare the draft of it in consultation with the Litigation Conducting 

Officer and file it into Court after taking approval of the Law Secretary, well within 

the limitation period. If there is no sufficient time to take the approval of the Law 

Secretary he may file the cross objection and take ratification. 

 31. General.- (1) Provisions of Chapter IV regarding conduct of cases shall 

mutatis mutandis apply to proceedings in appeals, reviews and revisions. 

 (2) As soon as proceedings in a case are concluded, the Law Officer shall 

communicate the result of the proceedings to the Litigation Conducting Officer and 

the Head of the Legal Cell and the Departmental Secretary. As soon as copy of the 

order in appeal or as the case may be, review or revision is received, the Law Officer 



 

23 
 

shall forward it to the Law Secretary along with his opinion about the feasibility of 

pursuing the case further. The Law Secretary shall examine the matter and forward 

his report of the case to the Departmental Secretary.  

   

CHAPTER VI 

WRIT PETITIONS FILED AGAINST THE GOVERNMENT 

 

32. Writ Petitions filed against the Government.- (1)  Writ petitions are 

normally instituted against the state as represented by the Chief Secretary or the 

Departmental Secretary, the Deputy Commissioner of the concerned district or any 

officer connected with the subject matter of the claim, in his official capacity.  

(2) Where the Court notice is addressed to the Chief Secretary it shall be 

received by the Head of the Legal Cell of the Department of Personnel and 

Administrative Reforms and forwarded to the Departmental Secretary. 

(3) In other cases the notice shall be received by the officer named in the 

petition. Where the notice is served or a subordinate officer, he shall immediately 

forward the notice along with five sets of the copies of the writ petition and the 

annexure to the Departmental Secretary.  

(4) Where such notice is served on the Departmental Secretary or is received 

by him from the Solicitor in the Law Department or is sent by the subordinate 

officer under sub section (3) the Departmental Secretary shall thereupon 

immediately forward the same along with five copies of the writ petition and its 

enclosures to the Law Secretary indicating the names of officers who.- 

(i) is conversant with the facts of the case;  

(ii) shall be the Litigation Conducting Officer in the case; and 

(iii) shall verify and sign the pleadings. 

 33. Taking notice upon direction.- Where the High Court directs a 

Government Pleader or Advocate to take notice of any writ petition, such pleader or 

advocate shall obtain copy of the writ petition and the enclosures if any meant for 

service on the respondents from the Court and forward  them along with his 

covering letter to the Law Department and shall mark a copy of the covering letter 

to the Departmental Secretary. 

 34. Procedure after notice.- (1) On receipt of the copies of the writ petition 

and documents the Departmental Secretary shall see whether any interim relief is 



 

24 
 

claimed against the Government and whether it is necessary to put in appearance 

immediately on behalf of the Government. Where he considers it necessary to 

oppose the petition, he shall forthwith issue necessary order authorising a Law 

Officer to appear and defend the interests of the State and its officers if any, and 

also to oppose grant of any interim relief prejudicial to the interests of the State or 

of any officer of the Government.  

 (2) The Authorisation shall also give the names of the Litigation Conducting 

Officer and the officer who shall verify and sign the pleadings. A copy of the 

Authorisation shall also be sent to the Departmental Secretary. 

  (3) In case an interim order is already passed in the case against the 

Government the Law officer shall take appropriate steps immediately for vacation of 

the order and for this purpose require the Departmental Secretary to furnish to him 

forthwith all necessary facts, particulars and documents relevant to the case. 

 35. Draft Counter Statement.-  (1) Upon receipt of notice or information 

about filing of a case and/or the copy of the authorisation the Departmental 

Secretary shall ensure that the Law Officer is posted with the necessary facts and 

particulars in the form of parawise remarks and the relevant files and records are 

furnished to him for preparing the statement of objections and other necessary 

pleadings. Copy of the parawise remarks shall also be sent to the Law Secretary for 

his information and further action. The Litigation Conducting Officer shall with the 

assistance of such Officers as he may deem necessary give instructions to and 

assist the Law Officer and the Law Secretary, in the preparation of the draft 

counter statement. 

(2) On receipt of the parawise remarks and the connected records, the Law 

Officer concerned shall prepare the draft of the counter statement and other 

pleadings in the case send it along with the relevant files and records to the Law 

Department for scrutiny and approval of the draft.  

36. Approval of Draft.- The Law Secretary shall before giving approval to 

the draft counter statement consult the Departmental Secretary who shall upon 

reference to him get the facts verified from the concerned officers, certify that the 

facts are verified and found correct and also indicate the name of the Officer who 

shall swear to the affidavit.  

37. Conduct of cases.- In other respects, the provisions of chapter III shall 

apply mutatis-mutandis  to conduct of writ proceedings. 



 

25 
 

38. Writ Appeals.- The provision of chapter V shall apply mutatis-mutandis 

to appeals against orders in writ proceedings. 

 

CHAPTER VII 

SUPREME COURT LITIGATION 

 

   39. Cases filed by the State Government.- (1) If in any case filed by or 

against the Government further action lies in the form of an Appeal or Special 

Leave Petition, the Law Secretary shall examine the feasibility of bringing such 

action before the Supreme Court.  

(2) Where the order of the High Court is likely to be followed in other cases 

adversely affecting the interest of the Government, an appeal or petition must be 

filed having regard to the merits of the case, irrespective of the actual implication of 

the order in that particular case. 

(3) In other cases the Law Secretary shall, having regard to the merits of the 

case and the implication of the Court order and in consultation with the 

Departmental Secretary, take such decision at least one month prior to the last 

date for filling the appeal. 

40. Issue of Authorisation.- In case where it is decided to file appeal the 

Law Secretary shall issue Order of Authorisation, to the Advocate General or the 

Law Officer who has handled the case in the High Court or any other Law Officer 

attached to the office of the Advocate General to conduct the case before the 

Supreme Court and require him to draft the petition or as the case may be, appeal 

and other necessary pleadings to be filed in the Court. 

 41. Other requirements about the Order.- The order shall also indicate the 

name of the Advocate on Record who shall handle the case in the Supreme Court, 

the last date for filling the petition or appeal, gist of the case, points to be urged 

before the Supreme Court and also the steps to be taken by the Office of the 

Advocate General. Copies of the Authorisation shall be sent to the Advocate 

General, the concerned Advocate on Record, the concerned Departmental 

Secretary, the Head of the Department concerned and to the Officers who are 

arrayed in the case.  

 42. Duty of Law Officer.- The  Law Officer shall prepare the necessary 

pleadings including stay petition wherever necessary with the assistance of the 



 

26 
 

Litigation Conducting Officer or any other officer of the concerned department and 

prepare the final pleadings, in consultation with the Law Secretary. 

 43. Advocate General to coordinate.- The Advocate General shall, in 

consultation with the Law Secretary, take all steps in the matter of conducting the 

case. He shall coordinate in obtaining the required number of copies of the 

pleadings and sending them same along with all necessary documents, certified 

copies, etc., to the Advocate on Record along with the amount required to meet the 

Court fee, process charges, typing and other charges and out of pocket expenses, 

so as to reach the Advocate on Record at least five days in advance of the last date 

for filling the case. Copies of the petition and other pleadings shall also be sent to 

the Law Secretary and the Departmental Secretary, for reference. 

 44. Cases filed against the Government.- (1) Upon receipt of notice of 

Court in respect of a special leave petition or writ petition or Writ Appeal filed in the 

Supreme Court against the state or any of its Officers, the Departmental Secretary 

or the concerned officer through the Departmental Secretary shall send the same to 

the Law Secretary along with copies of the petition and other pleadings, made out 

in five sets. The Law Secretary shall, by order authorize one of the Advocates on 

Record to appear before the Supreme Court and oppose the case including interim 

claims if any.  

 (2) The Authorization Order shall indicate the Law Officer who shall prepare 

the pleadings, the name of the Litigation Conducting Officer and the name of the 

Advocate on Record who is authorised to handle the case. The copies of the order 

shall be sent to the concerned Advocate on Record, along with the notice of the 

Court, copy of the petition and its enclosures, the Law Officer authorised to prepare 

the draft of the counter to be filed in the case and send it to the Departmental 

Secretary and to other officers involved in the case. 

 (3) The Departmental Secretary or the officer, as the case may be, shall 

furnish to the Law Officer paragraph-wise remarks and a note on the facts of the 

case indicating the points of defense available to the Government. The Law Officer 

shall prepare the necessary pleadings on behalf of the State Government and its 

officers, with the assistance of the Litigation Conducting Officer and finalize the 

defense statement, in consultation with the Law Secretary.  

           (4) The Advocate General shall send the same expeditiously to the Advocate 

on Record, along with the prescribed Court fee and other expenses. A copy of the 



 

27 
 

pleadings prepared by the Law Officer shall also be sent for reference immediately 

to the Law Secretary and the Departmental Secretary. 

45. Expenses of the Advocate on record.- (1) The office of the Advocate 

General shall on receipt of an order either to file a case or to defend a case before 

the Supreme Court, take immediate steps to send to the Advocate on Record such 

amount towards court fee, process charges, typing and other charges including out 

of pocket expenses as may be prescribed. 

 (2) Any other expenditure made in excess of the amounts specified as above 

shall be reimbursed to the Advocate on record upon his furnishing detailed 

accounts in respect of each item of such expenditure, supported by vouchers. 

Expenses required for the preparation of the paper book and for cyclostyling the 

records shall be met by the office of the Advocate General on receipt of claim from 

the Advocates on Record. 

 (3) The money for expenditure shall be sent along with the pleadings or 

immediately thereafter or immediately after receipt of the Government Order 

authorising the filling or defending of a case. The Advocate General shall also 

ensure that the papers and the money reach the Advocate on Record at least five 

days before the last date, so that the papers could be filed before the Court within 

the period of limitation. The fact of having sent the amount towards Court fees and 

other expenses to Advocates on Record shall invariably be communicated to the 

Departmental Secretary and in criminal matters to the concerned Superintendents 

of Police and also the Law Department. The Departmental Secretaries and the 

concerned Superintendents of Police shall make necessary entries in their office 

records, and take such further steps in the matter as may be necessary for the 

purpose of maintenance of accounts and for effecting recoveries, wherever 

necessary. 

 46. Duties of the Advocate on Record.- (1) The Advocate on Records shall 

on receipt of the Authorisation, contact the Law Secretary and ensure that the 

pleadings and the records of the case are secured and on receipt of the same take 

immediate steps to file the case well within time. He shall also take steps to file 

necessary applications to get operation of the impugned order or judgment of the 

High Court stayed where such orders are made against the Government. He shall 

immediately after the filing of the case report, the action taken by him and the 



 

28 
 

result of such action along with the Case Number to the Law Secretary and the 

Advocate General. 

 (2) The Advocate on Record shall conduct the case in accordance with the 

Supreme Court Rules of Practice and in consultation with and according to the 

directions of the Law Secretary and the Advocate General. 

 (3) The Advocate on Record shall, where he is not confident of arguing the 

case effectively himself, engage the services of a senior counsel from the panel of 

Senior Advocates prepared by the Government It shall be the duty of the Advocate 

on Record to keep the Law Secretary and the Advocate General informed of the 

progress of the case from time to time. 

         (4) The Advocate on Record shall study the case fully and understand the 

case thoroughly, if necessary, with the assistance the officers of the concerned 

department or the Law Department and brief the Senior Advocate well in advance.  

(5) The Advocate on Record shall not, without the written authority from the 

Head of the Legal Cell of the concerned Administrative Department, concede any 

claim or part thereof, prejudicial to the interests of the Government.  

 (6) The provisions of chapter V shall mutatis mutandis apply to the conduct 

of cases before the Supreme Court. 

 

CHAPTER VIII 

LAND ACQUISITION CASES 
 

47. Authorisation to conduct cases.- (1) Whenever a reference of a case is 

made to the Authority under any law providing for acquisition of land by the 

Government, the concerned Deputy Commissioner and any officer specially 

designated by the Government shall authorise a Law Officer to conduct the case on 

his  behalf.  

 (2) The concerned Deputy Commissioner and any officer specially 

designated by the Government shall maintain a register of all such references 

indicating the names of parties, description of the land acquired, the claim made by 

the petitioner and other particulars as may be prescribed. 

48. Documents to be made available.- (1) The concerned Deputy 

Commissioner and any officer specially designated by the Government shall 

forward to the Law Officer the file relating to case and all other documentary and 

oral evidence relied upon by him in passing the Award.  



 

29 
 

(2) The following records namely:-  

(a) extracts of Record of Rights, RTC, Pahani and Khaneshumari 

register extracts; 

(b) Average Yield Notification; 

(c) Documents prepared under the Karnataka Land Revenue 

Act,1964 (Karnataka Act 12 of 1964) and other agrarian laws to 

show the nature of the soil, source of irrigation and such other 

material relevant for   determining the value of the land; 

(d) if reliance is placed on sale deeds of similarly situated lands in 

the neighborhood sold in the recent past, then copies of such 

sale deeds; and  

(e) Date of preliminary notification, as mentioned in the APMC 

records or other records of similarly situated lands in the 

neighborhood. 

- shall be made available to the Law Officer by the concerned Deputy 

Commissioner and any officer specially designated by the Government. 

49. Conducting Evidence.- (1) The Law Officer shall bear in mind the 

following guidelines while  leading  evidence, generally,- 

(a) if reliance is placed on sale deeds of similarly situated lands in 

the neighborhood sold in the recent past, then evidence to 

establish the dissimilarity and remoteness of the land compared 

to the land in question;  

(b) where the Public Works Department has valued the buildings in 

the land, the Law Officer shall examine the Officer who has 

valued the buildings; 

(c) to adduce necessary oral and documentary evidence so as to 

establish the correct value of the land acquired; 

(d) to bring on record as much material as is in the case file and is 

relevant for supporting the award made by the concerned 

Deputy Commissioner and any officer specially designated by 

the Government; and  



 

30 
 

(e) to study the file and produce copies of the record of rights and 

other documents referred to above in the above said file before 

the Authority and get them marked in the case. 

50. Certain obligations of the concerned Deputy Commissioner and any 

officer specially designated by the Government.- It shall be the duty of the 

concerned Deputy Commissioner and any officer specially designated by the 

Government: 

(a) to examine as to whether such application is filed within time 

and is maintainable   and to pass orders thereon as 

expeditiously as possible; 

(b)  to assist the Law Officer in the conduct of the case and to get 

the PWD Officers and other Officers and other witnesses for 

examination in the Authority;  

(c) to watch the progress of the case in the Authority and give all      

necessary assistance to the Law Officer; 

(d) furnish the entire file in which award has been made, to the Law 

Officer; 

(e) In cases where the claimant approaches the Authority under the 

Right to Fair Compensation and Transparency in Land 

Acquisition, Rehabilitation and Re-settlement Act, 2013 (Central 

Act 30 of 2013),- 

(i) verify whether such an application is maintainable, 

whether the allegation made therein are correct; 

(ii) verify whether he had filed the application under sub-

section(1) of section 64 of the Right to Fair 

Compensation and Transparency in Land Acquisition, 

Rehabilitation and Re-settlement Act, 2013 ( Central 

Act 30 of 2013) within the period of limitation; and  

(iii) file necessary objections and produce all relevant 

evidence before the Authority. 

 51. Forged and make believe documents.- Where in any case before the 

Authority it comes to the notice of the Government that,- 

(a) forged, anti-dated or bogus reference under sub-section (1) of 

section 64 of the Right to Fair Compensation and Transparency in 



 

31 
 

Land Acquisition, Rehabilitation and Re-settlement Act, 2013 

(Central Act 30 of 2013) have been filed or sent to Authority 

claiming that it has been sent pursuant to a direction of the 

Authority when in fact no such direction is issued by the Authority; 

(b) copies of non-existent, bogus or forged applications said to have 

been made to the concerned Deputy Commissioner and any officer 

specially designated by the Government have been filed in the 

Authority along with application under the Right to Fair 

Compensation and Transparency in Land Acquisition, 

Rehabilitation and Re-settlement Act, 2013 (Central Act 30 of 

2013); 

(c) bogus or forged receipts said to have been given by the concerned 

Deputy Commissioner and any officer specially designated by the 

Government for having received application under the Right to Fair 

Compensation and Transparency in Land Acquisition, 

Rehabilitation and Re-settlement Act, 2013 (Central Act 30 of 2013) 

have been filed into the Authority; and  

(d) false allegation of filing application under sub-section (1) of section 

64 of the Right to Fair Compensation and Transparency in Land 

Acquisition, Rehabilitation and Re-settlement Act, 2013 (Central 

Act 30 of 2013) before the concerned Deputy Commissioner and 

any officer specially designated by the Government and the 

concerned Deputy Commissioner and any officer specially 

designated by the Government making a reference under that 

section. 

 it shall be the duty of the concerned Deputy Commissioner and any officer 

specially designated by the Government and the Law Officer to verify the records 

and bring all such incidents to the notice of the Authority and also assist the 

Authority in wading away false records and to take appropriate criminal action 

against the culprits. 

 52. Enhancement of compensation.- (1) The Law Officer shall obtain 

certified copies of the decree, and the award immediately after pronouncement of 

the award irrespective of whether the order is for or against the Government.  



 

32 
 

(2) Where the Authority has awarded higher compensation the concerned 

Deputy Commissioner and any officer specially designated by the Government shall 

forthwith inform the Revenue Commissioner and the Law Secretary about the 

enhancement of compensation to enable the Revenue Commissioner to take 

necessary steps to get additional allotments for meeting the additional expenditure 

relatable to the enhancement. 

(3) The Law Officer shall send one copy of the Award and decree to the 

concerned Deputy Commissioner and any officer specially designated by the 

Government and another copy to the Law Secretary along with his opinion about 

the competency of filling of an appeal A copy each of the opinion shall also be sent 

to the concerned Deputy Commissioner and any officer specially designated by the 

Government and the Revenue Commissioner. The opinion shall indicate the actual 

enhanced compensation granted by the Authority.  

(4) The Revenue Commissioner shall within the time allowed by the 

Authority get necessary amount sanctioned for payment of the additional 

compensation. 

(5) Whenever a certified copy of the Award and decree passed by the 

Authority is forwarded it shall invariably accompany a certified copy of the award 

passed by the concerned Deputy Commissioner and any officer specially designated 

by the Government. 

53. Appeal against Award of Authority.- (1) The Law Department shall 

examine the Award of the Authority and decide on whether there are valid grounds 

to challenge the Award in appeal. If it is decided to file an appeal, an order shall be 

made and copies thereof shall be sent to the concerned Law Officer authorised to 

file the appeal, the concerned Deputy Commissioner and any officer specially 

designated by the Government and to the Revenue Commissioner: 

Provided that, where the Legal Cell in the Department decides not to prefer 

appeal, the records and papers concerning the case shall be referred to the Law 

Department for approval of such decision. 

 (2) Where the Law Department approves the decision of the Legal Cell or 

otherwise decides not to prefer appeal it shall communicate the same immediately 

to the concerned Deputy Commissioner and any officer specially designated by the 

Government to enable him take steps to deposit the amount of excess 

compensation as per the award passed by the Authority.  



 

33 
 

 54. Deposit of amount.- (1) The concerned Deputy Commissioner and any 

officer specially designated by the Government shall intimate the fact of such 

deposit to the Law Officer concerned, to the Legal Cell and to the Law Department.  

 (2) The fact of such deposit shall be entered by the concerned Deputy 

Commissioner and any officer specially designated by the Government in such form 

as may be prescribed.  

 (3) The Law Officer shall maintain separate file for each case and shall 

record in his file the details of the deposit. He shall also preserve copies of all 

documents petitions and papers filed into the Authority by him and the other side. 

The concerned Deputy Commissioner and any officer specially designated by the 

Government shall give him all necessary assistance in the matter: 

 Provided that, no such deposit shall be made by the concerned Deputy 

Commissioner and any officer specially designated by the Government except after 

obtaining orders from the Law Secretary who shall not pass orders unless he has 

examined the competency of filing appeal against the order of the Authority. 

 (4) Where in a case decision is taken to prefer appeal against the award the 

concerned Deputy Commissioner and any officer specially designated by the 

Government is constrained to deposit the enhanced amount in the Authority the 

Law Officer shall apply to the Authority for an order restraining the party to draw 

the amount unless he has given adequate security is given for the amount.  

 (5) Where the Law Department decides to prefer an appeal, the Law Officer 

concerned shall prepare and file appropriate memorandum of appeal urging all 

available pleas. It shall be the duty of the Law Officer to move the High Court for an 

order staying the operation of the judgment and award of the Authority even if 

there is no direction to do so, from the Law Department. Where execution of the 

award is taken out, before the Government could obtain stay of the Award from the 

High Court, the concerned Deputy Commissioner and any officer specially 

designated by the Government shall give instructions to the Law Officer to obtain 

stay of its Award before the Authority. 

 (6)  The provisions of Chapter V or as the case may be Chapter VII shall 

apply mutatis mutandis for prosecuting or defending appeals against the order of 

the Authority before the High Court and for prosecuting or defending cases before 

the Supreme Court, respectively. 



 

34 
 

Explanation: For the purpose of this Chapter “Authority” shall have the 

same meaning as assigned to it in clause (f) of section 3 of the Right to Fair 

Compensation and Transparency in Land Acquisition, Rehabilitation and Re-

settlement Act, 2013 (Central Act 30 of 2013). 

CHAPTER IX 

Cases before the Motor Accident Claims Tribunal 

 

 55. Procedure in Accident Claims.- (1) In all cases before the Motor 

Accident Claims Tribunal where the Karnataka Government Insurance Department 

is a respondent, the Director of the Karnataka Government Insurance Department 

shall give to the Law Officer all particulars of the insurance policy and also give 

instructions for preparing the objection statement and conducting the case.. The 

Director shall also see that suitable objection statement shall incorporate all 

available pleas including challenge against maintainability of the claim, 

reasonableness of the amount of compensation claimed and about the bar of claim 

by limitation, if any. A copy of the Policy issued, shall also be produced to the 

Court. 

 (2) Where the Government is the owner of the vehicle involved in the 

accident it shall be the duty of the Officer-in-charge of the vehicle and the driver of 

the vehicle to instruct the Law Officer suitably and to take all pleas available in the 

circumstances of the case for defending the claim.  

 

CHAPTER X 

EXECUTION CASES 

 

 56. Decrees in favour of Government.- (1) As soon as may be after a 

decree or order is made in favor of the Government, the Litigation Conducting 

Officer obtain through the Law Officer concerned a certified copy of the decree or 

order and  unless otherwise instructed, proceed to make efforts to recover the 

decree amount out of Court from the Judgment Debtor. 

 (2) If the amount due cannot be so recovered, the particulars of the property, 

moveable or immoveable, including securities, amounts held in Court deposit, 

decrees obtained by judgment debtor belonging to the judgment debtor shall be 

ascertained and steps taken immediately to obtain attachment of such property. If 

such property has already been attached before judgment, application for sale of 

such property shall be made. 



 

35 
 

(3) Whenever a decree or order of a Court is varied or reversed in any appeal, 

revision or other proceedings the Law Officer shall take action under relevant law to 

seek restitution and inform the Head of the Legal Cell through proper channel 

about the steps taken and the result thereof. 

(4) Where action is not taken for obtaining satisfaction of the decree as 

provided above, the concerned Litigation Conducting Officer shall after consulting 

the Law Officer submit a report to the Departmental Secretary through proper 

channel furnishing the date on which the period of limitation for the execution of 

the decree expires, any information coming to his knowledge as facilitates the 

recovery of the money due to the Government under the decree and the reasons for 

not taking action or the delay in taking such action. 

(5) If the delay is on account of the Law Officer, an advance copy of the 

report shall also be sent to the Head of the Legal Cell. 

          (6) The Departmental Secretary shall forward the report to the Law 

Department along with his comments, if any, requesting it to take steps to execute 

the decree, if possible. The Law Department shall take appropriate steps as it may 

consider. 

57. Remittance of amount recovered.- (1) All amounts due under a decree 

recovered by the Law Officer on behalf of the Government shall be paid into the 

Treasury to the credit of the Department concerned under proper head of account 

under intimation to the Litigation Conducting Officer. 

          (2) Where any amount due under a decree is recovered out of Court or where 

satisfaction of a decree is otherwise obtained, the Law Officer shall be instructed to 

certify such recoveries or satisfaction to the Court under Order 21 of the Code of 

Civil Procedure. 

58. Attachment of Property.- (1) Whenever an order is obtained for 

attachment of the judgment debtor's property, the Litigation Conducting Officer 

concerned shall depute some official who can identify the property, to accompany 

the attaching officer to identify the property.  

 (2) In cases where a third party stakes claim to the attached property, the 

Litigation Conducting Officer with the assistance of the Officer on whose report the 

property was attached shall collect evidence as would show that the attached 

property belonged to the judgment debtor. Such officer shall also be instructed to 



 

36 
 

be present in Court to assist the Law Officer when the case comes up for enquiry or 

trial. 

 59. Bad Debts.- All available steps for recovery of the decretal dues shall be 

unremittingly continued until the expiry of the period of limitation. If the recovery 

of the amounts due under the decree becomes impracticable even after taking all 

steps necessary for such recovery, then the concerned Litigation Conducting Officer 

shall make a report, through proper channel, to the Government to write-off such 

amount. The Head of the Legal Cell shall also be informed about it. 

 60. Maintenance of Registers.- (1) The Deputy Commissioners, Head of 

office and the Heads of Departments shall maintain registers in the form prescribed 

showing the amounts due to the Government under decrees, the particulars of the 

decree and the details of each stage of the Execution Proceedings. 

  (2) Deputy Commissioners shall specify therein particulars of Court fees 

and costs of the suit in forma pauper is payable to Government under Order 33 or 

Order 44 of the Code of Civil Procedure 1908 as the case may be. 

 61. Decrees against the Government.- (1) Where a decree is passed 

against the Government either for payment of money or for other relief and where 

decision has been taken by the Government, not to prefer an appeal, review or 

revision it shall be the duty of the concerned Litigation Conducting Officer and the 

department to take necessary steps to get necessary amount sanctioned for the 

purpose to satisfy the decree without any delay. No scope should be given to the 

decree holder to execute the decree and attach the properties of the Government 

and embarrass the Government. 

(2) The Litigation Conducting Officer or the Law Officer shall as soon as he 

comes to know of the passing of a decree or the filing of execution thereupon, move 

the Court and seek for extension of time for satisfying the decree without waiting 

for direction from the Law Secretary or the Departmental Secretary and 

simultaneously inform the Deputy Commissioner, the Head of the Department or 

the Chief Secretary and other officer from whom the amount is sought to be 

realised requiring them to arrange for complying with the decree or file objections 

to the decree.  

 62. Procedure upon notice.- (1) After receipt of the notice of execution, the 

judgment debtor and the Litigation Conducting Officer shall intimate the Law 



 

37 
 

Department about the execution and assist the Law Officer in drafting objections 

against the execution.  

 (2) Draft objections prepared by the Law Officer shall be sent to the Law 

Department for approval. If there is no time to take approval of the Law 

Department the Law Officer may file the objections into Court and seek ratification 

of the action taken. 

(3) The provisions of Chapter – III shall mutatis mutandis apply to the 

signature and verification of the objections to the execution petition and the 

conduct of the case. 

          (4) If the objections raised by the state against execution of the decree are 

rejected, the Litigation Conducting Officer shall, through the Law Officer obtain the 

certified copy of the order and send it to Law Department for necessary opinion and 

further action. 

          (5) If decision is taken not to prefer any review, appeal or revision on such 

order, the Litigation Conducting Officer shall expeditiously take necessary steps for 

complying the decree. 

 63. Procedure where no appeal is filed.- (1) In the case of a decree for 

possession of immovable property unless an appeal is filed and stay is obtained, 

efforts shall be made to see that possession is delivered to the decree holder within 

the time set by the Court. If for any compelling reason, such delivery is not 

possible, efforts shall be made to move the Court, which passed the decree for 

extension of time for delivery of possession. 

 (2) In the case of a decree for injunction against the State and its officers, 

which is prohibitory in nature, unless an appeal is filed and operation of such 

decree is stayed or suspended, scrupulous efforts shall be made to see that such 

decree is obeyed. 

 (3) In the case of a decree for mandatory injunction, it shall be complied with 

meticulously if decision has been taken not to prefer an appeal, review or revision. 

 

CHAPTER XI 

CRIMINAL CASES 
 

 64. Duties of the Prosecutors.- It shall be the duty of the Prosecutor in 

charge of a criminal case to:  



 

38 
 

(a) ensure that necessary and proper charges are framed against the 

accused and that plea is recorded according to law. He shall take steps to 

get the charges amended wherever necessary; 

(b) take necessary steps to get the summons and warrants issued by the 

Court to secure the presence of the  witnesses in due time; 

(c) instruct the police to keep necessary number of witnesses in attendance, 

examine all necessary witnesses and to place the entire case of the 

prosecution before the Court; 

(d)  ensure that all relevant documents and properties are marked as 

exhibits or as the case may be, as  material objects through     competent 

witnesses; 

(e) Ensure proper coordination and co-operation of the police in getting the 

summons served and warrants duly executed in appropriate time and 

returned to Court in good time; 

(f) enforce the attendance of the witnesses in general, and police and official 

witnesses and investigating officers in particular, for giving evidence 

before Court; and  

(g) render assistance to the Court to achieve smooth and speedy 

    disposal of the cases. 

(2) Upon the committal of a case by the Magistrate to the Sessions Court, the 

Prosecutor shall forward the case papers to the concerned Public Prosecutor as 

early as possible, but not later than one week from the date of commitment. 

 

65. Procedure after Judgment.- (1) In every case ending in an acquittal or 

conviction only for a minor offence the accused having been acquitted of serious 

offences or where the Court gives a lesser sentence or where the case ends in 

acquittal of only some of the accused before the Court by any Magistrate or 

Sessions Judge, the Prosecutor in charge of the said case shall obtain a certified 

copy of the judgment and submit it within fifteen days from the date of judgment 

along with his opinion indicating the grounds for filing or not filing an appeal, to 

the concerned Deputy Director of Prosecutions. Where the Prosecutor recommends 

filing of appeal, review or revision against the judgment or order an appellate or 

revisional Court he shall invariably send the certified copies of the judgment or 

order of the Trial Court along with the order of the Appellate Court. 



 

39 
 

 (2) Every proposal to file an appeal or revision shall be examined and 

decision taken by the Deputy Director concerned in consultation with the Deputy 

Inspector General of Police. and in cases in which he is not authorised to take a 

decision himself he shall forward a certified copy of the judgment together with his 

views to the Deputy Inspector General of Police and to the Director of Prosecutions 

without any delay keeping in view of the period of limitation. Subject to his powers 

in the matter of taking final decision the Director of Prosecutions and Government 

Litigation shall take final decision in the matter referred to him by the Deputy 

Director. 

  (3) The Director of Prosecutions and Government Litigation shall forward 

the certified copy of the order or judgment, whether original, appellate or revisional, 

passed by the Sessions Court or by the Magistrate in respect of an offence, the 

maximum punishment for which exceeds ten years imprisonment, to the Home 

Department along-with his opinion as to the advisability of filing an appeal or 

revision against such order or judgment. If that order or judgment is of an appellate 

or revisional authority and if he recommends an appeal or revision, a copy of the 

order or judgment of the original Court shall also be sent to the Home Department 

at least ten days before the last date for filing of the appeal or revision, as the case 

may be, indicating the last date in bold letters. 

 (4) On receipt of the said papers, the Home Department shall examine 

the matter in detail with reference to Court decisions and take a decision whether 

to file or not to file an appeal or revision. If it is decided to file an appeal or revision 

the main grounds on which the order of the lower Court is to be challenged shall be 

indicated in the file. It would not be correct for the Home Department to take 

summary decision without recording the reasons. Case law, if any, in support of 

the decision shall also be indicated. 
 

66. Appealable cases.- (1) If it is decided that the order requires to be 

challenged in appeal or in revision, an order authorising the concerned Law Officer 

to prefer an appeal or revision, as the case may be, shall be issued. Copy of such 

order shall be sent to the Director of Prosecutions and Government Litigation and 

Director General of Police along with, 

(a) the copy of the order sent to the Law Officer; 

(b) a note containing the main grounds to be canvassed before the 

Court; and 



 

40 
 

(c) Citations, if any, in support thereof. 

(2) On receipt of the order, the Law Officer shall prepare the memorandum of 

appeal or application for revision, as the case may be, and file the same before the 

Court within the period of limitation. A copy of the memorandum of appeal or 

application so prepared and filed before the Court along with a copy of the order of 

the Lower Court shall be sent to the Home Department, which shall maintain a 

separate file in respect of each case containing copies of all relevant papers. The 

concerned Secretary to Government, Home Department shall watch the progress of 

the case and give such periodical instructions as he considers necessary to the Law 

Officer. 

 67. Non-appealable cases.- Where there are no grounds to file an appeal or 

revision,  the Secretary to Government, Home Department shall forward a note to 

the Minister for Law and  take his approval on record. 
 

 68. Appeals against the Government.- When an appeal or other 

proceedings is instituted against the State Government and a notice in respect 

thereof is served on any officer of the Government, he shall send it to the Home 

Department and a copy thereof shall be sent to the Director of Prosecutions and 

Government Litigation who shall examine the case and send a report indicating the 

pleas to be urged before the Court. On receiving such report, the Secretary to 

Government Home Department shall examine the matter with a view to improvising 

it and if satisfied, authorize the Law Officer, by order, to appear for the State 

Government. A copy of the order shall be sent to the Law Officer along with the 

note about the points to be urged in defence. 
 

 69. Procedure upon disposal.-  (1) As soon as may be after the disposal of 

the appeal, revision or other proceedings are disposed of by the High Court the Law 

Officer shall communicate the result of appeal to the Secretary to Government, 

Home Department and the Director of Prosecutions and shall, without loss of time, 

secure a certified copy of the judgment or order, as the case may be.  

 (2) Soon after obtaining the certified copy, the Law Officer shall forward the 

same to the Secretary to Government, Home Department with his opinion about 

the prospects of agitating the matter further in the Supreme Court. On receipt of 

the certified copy of the judgment or order along with the opinion of the Law 

Officer, the Home Department shall take a considered decision supported by cogent 

reasons for not proceeding further with the case.  



 

41 
 

(3) Where it is decided to pursue the case further before the Supreme Court, 

the Secretary to Government, Home Department shall issue necessary orders 

indicating the form of the action. 

 

 70. Non- appealable cases.-  Where the Secretary to Government, Home 

Department decides that there are no grounds to take the matter further,  he shall 

send a note to the Law Minister, in consultation with Law Department and obtain 

his approval on record. 

 71. Specific Duties of Prosecuting Officers.- The Director of Prosecutions 

shall while examining the matter under sub-section (2) of section 65, verify whether 

the case has gone against the Government because of any fault of the Investigating 

Officers or of the Officer-in-charge of the Prosecutions, and communicate his views 

to the Officer concerned. If in the opinion of the Director of Prosecution it amounts 

to misconduct, he shall initiate disciplinary action against the officer, unless he has 

no power to do so, in which case the case shall be reported to the Home Secretary 

for taking further action.  

 (2) The Prosecutors shall discharge their duties subject to the control and 

supervision of the Director and the Deputy Director of Prosecutions. 

 (3) The Superintendents of Police should invariably attend the Sessions 

Courts and watch the trial of Sessions cases especially murder and other heinous 

offences. 
 

CHAPTER XII 

Miscellaneous 
 

 72. Maintenance of Registers and Furnishing of Quarterly Reports.- (1) 

Every District Government Pleader, Additional Government Pleader, Assistant 

Government Pleader, Assistant Public Prosecutor-cum-Assistant Government 

Pleader shall maintain a register of cases entrusted to him in the prescribed form, 

and shall keep the register up-to-date. Whenever another officer is appointed in his 

place he shall hand over the Register along with all the records relating to pending 

and disposed of cases, to his successor. 

 (2) Every Government Pleader shall send, in the respect of cases before the 

District and Sessions Court to the Law Secretary, and to the Director of 

Prosecutions and Government Litigation in respect of cases pending in a Court of 

Civil Judge (Junior Division), in the first week of January, April, July and October 



 

42 
 

of each year, a list of cases he is authorized to conduct in the prescribed form and 

shall also send a copy of the quarterly returns to the Deputy Commissioner 

concerned. 

(3) Every Government Pleader shall also send to the Deputy Commissioner 

concerned by the third of every month a list of.- 

(a) execution cases which are pending against the State indicating 

the name of the officer or authority who has to comply with the 

decree; and  

(b) cases pending in his Court wherein progress, including 

preparation of pleadings and conduct of evidence, cannot be 

made for want of instructions and assistance from any of the 

officers or authorities in the district. The nature of the 

instructions and assistance required may be indicated therein. 

 (4) Every Government Pleader, if circumstances requires shall, personally 

meet the concerned Deputy Commissioner and draw his attention to the difficulties 

experienced in the conduct of litigation.  

 

 73. Duties of the Deputy Commissioners.- (1) It shall be the duty of every 

Deputy Commissioner to keep effective control and watch over the Government 

Litigation relating to his district irrespective of the department to which it belongs. 

He shall cause to be maintained individual files in respect of every such case and 

make necessary arrangements to watch the progress of each such case by 

entrusting the work to a senior officer of his department.  

 (2) The Deputy Commissioner shall personally supervise the progress made 

in every case at least once in a month to ensure that the cases are conducted 

effectively and that all material documents and information are being supplied to 

the Law Officer.  

 (3) On receipt of the information from the District Government Pleaders, 

Additional District Government Pleaders and Assistant Government Pleaders under 

sub-section (2), about the difficulties experienced by them in the conduct of 

Government Litigation either in preparing the pleading or in making further 

progress in the case, the Deputy Commissioner shall make necessary 

arrangements to ensure that the Government Pleaders get necessary instructions 



 

43 
 

from the concerned officers and direct the concerned officers of other departments 

give all necessary assistance to the Government Pleader. 

 (4) On receipt of the information on the pending execution cases, the Deputy 

Commissioner shall immediately,- 

(a) make every necessary effort to ensure that Court decrees are 

complied with and avoid unnecessary embarrassment of having 

movables of the Government Offices attached and sold in 

auction; and  

(b) inform the Head of the Department concerned about the decree 

requesting him to take steps to satisfy the decree. 

 

 74. Duties of the Heads of Department.- It shall be the duty of every head 

of the Department: 

(a) to keep effective watch and control over the Government 

Litigation relating to his department; 

(b) to maintain individual files in respect of every case relating to his 

department and make necessary arrangements to watch the 

progress of every case by entrusting such work to an officer of 

fairly senior cadre; 

(c) to personally supervise the progress made in each case at least 

once in a month; and 

(d) to ensure that all necessary documents and information are 

given to the Law Secretary, the Law  Officer and the Prosecuting 

Officer. 

 

75. Power to issue directions.- The Government may, from time to time 

issue general or special instructions in the matter of conduct of litigation on behalf 

of the Government or its officers acting in their official capacity and such directions 

shall have effect as if they are part of these provisions of the Act. 

 

76. Nodal Officer.- The Nodal Officer appointed by the concerned 

department shall perform such duties and functions as may be prescribed.  

 



 

44 
 

77. State Level Committee.- The Government may, constitute a committee 

called the State Level Committee under the Chairmanship of a person nominated 

by the Government. The qualification of the Chairman, Members, the number of 

members, their term of office, the remuneration, the powers and functions, the 

procedure to be followed shall be such as may be prescribed.  

 

78. District Level Committee.- The Government may, constitute a 

committee called the District  Level Committee under the Chairmanship of a person 

nominated by the Government. The qualification of the Chairman, Members, the 

number of members, their term of office, the remuneration, the powers and 

functions, the procedure to be followed shall be such as may be prescribed. 

 

79. Functions of the State and District Level Committee.- The State 

Level Committee and the District Level Committee shall in consultation with the 

department concerned, and the concerned Government Advocate monitor the stand 

of the Government in each case and shall verify the written arguments and shall 

suggest modifications if any. The State Level Committee and District Level 

Committee may take assistance of experts.  

  80. Uploading of Court Cases.- Each Department of the Secretariat, the 

Heads of the Departments, State Government Boards, Corporations, Authorities, 

Autonomous Institutions, concerned Government Officers, the Deputy 

Commissioners, Chief Executive Officers of the Zilla Panchayat, Superintendent of 

Police of the district shall use the Court Case Monitoring System [CCMS] as 

developed by the State Government for tracking, follow-up and timely action on 

each case in Hon’ble High Court, Hon’ble Karnataka State Administrative Tribunal 

and Hon’ble Supreme Court. 

 

 

 81. Duties and Responsibilities of AG/AAG/HGA/AGA/ Government 

Advocate.- Without prejudice to the foregoing provisions, the Government may 

prescribe by rules the duties and responsibilities of 

AG/AAG/HGA/AGA/Government Advocate. 

 

82. Power to make rules.- (1) The State Government may, by notification, 

subject to the condition of previous publication, make rules to carry out the 

purposes of this Act. 



 

45 
 

(2) Every rule made under this Act shall be laid as soon as may be after it is 

made before each House of the State Legislature while it is in session for a total 

period of thirty days which may be comprised in one session or in two or more 

successive sessions, and if, before the expiry of the session in which it is so laid or 

the session immediately following, both Houses agree in making any modification 

in the rule or both Houses agree that the rule should not be made, the rule shall 

thereafter have effect only in such modified form or to be of no effect as the case 

may be; so, however, that any such modification or annulment shall be without 

prejudice to the validity of anything done under that rule. 

 

 83. Savings.-  The rules, orders, Notifications, Circulars, etc., issued prior to 

the commencement of this Act shall be deemed to have been issued under this Act. 

 

The above translation of ಕರ್ನಾಟಕ ಸರ್ಕಾರಿ ವ್ಯಾ ಜ್ಾ  ನಿರ್ಾಹಣೆ ಅಧಿನಿಯಮ, 2023 

(2023 ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯಾ : 28) be published in the official Gazette under 

clause (3) of Article 348 of the Constitution of India. 

  

THAAWARCHAND GEHLOT 

GOVERNOR OF KARANATAKA 

 

By Order and in the name of 

the Governor of Karnataka, 
 

 

G. SRIDHAR 

Secretary to Government 

Department of Parliamentary 

Affairs and Legislation 

 

 

 

 

 

 

 

 

 

 



 

46 
 

 

 

GOVERNMENT OF KARNATAKA 

 

 

EO. No. LAW-LCE//136/ 2023                            Karnataka Government Secretariat, 

         Vidhana soudha, 

     Bengaluru, dated: 02.09.2023. 
 

 

NOTIFICATION 

 

In exercise of Powers conferred under sub-section (2) of Section 1 of THE 

KARNATAKA CONDUCT OF GOVERNMENT LITIGATION ACT, 2023 (Karnataka Act 

No. 28 of 2023), it is hereby notified by Government of Karnataka that THE 

KARNATAKA CONDUCT OF GOVERNMENT LITIGATION ACT, 2023  shall come 

into effect from 02.09.2023. 

 

 

By Order and in the name of 

Governor of Karnataka 

 

 

 

(MALATHI C.) 

Under Secretary to Government 

(Admin-1) 

Law, Justice and Human Rights 

Department. 

  



 

47 
 

 
KARNATAKA ACT NO. 68 OF 2025 

 

(First Published in the Karnataka Gazette Extra-ordinary on the 12
th

 day of September, 

2025) 

  
 

THE KARNATAKA CONDUCT OF GOVERNMENT LITIGATION 
(AMENDMENT) ACT, 2025 

 (Received the assent of the Governor on the 11th day of September, 2025) 
 

An Act to amend the Karnataka Conduct of Government Litigation 

Act, 2023 (Karnataka Act 28 of 2023).   

Whereas it is expedient to amend the Karnataka Conduct of 

Government Litigation Act, 2023 (Karnataka Act 28 of 2023) for the 

purposes hereinafter appearing; 

Be it enacted by the Karnataka State legislature in the seventy sixth 

Year of the Republic of India as follows:- 

1. Short title and commencement.- (1) This Act may be called the 

Karnataka Conduct of Government Litigation (Amendment) Act , 2025. 

(2) It shall come into force on such date as the State Government may, 

by notification in the Official Gazette appoint. 

2. Insertion of new chapter IV-A.- In the Karnataka Conduct of 

Government Litigation Act, 2023 (Karnataka Act 28  of 2023) after Chapter 

IV, the following new Chapter shall be inserted, namely:-  

 

“CHAPTER-IV-A 

COMPLIANCE OF COURT ORDERS 

28-A. Designated Officer.- The Government shall  by notification 

appoint an officer as designated officer, who shall supervise the enforcement 

or compliance of any order issued by the Court of law.  
 

28-B. Non-Compliance of Court Order.- (1) Every Department with 

the assistance of the designated officer shall prepare a fortnightly report 

containing number of orders which are not complied within specified period 

and those orders which are complied with within such period. 

 



 

48 
 

 

 

(2) For non-compliance of the orders, the reasons shall be assigned in 

respect of each case to be placed before the head of the Department for 

further processing towards the compliance.” 

The above translation of ಕರ್ನಾಟಕ ಸರ್ಕಾರಿ ವ್ಯಾ ಜ್ಾ  ನಿರ್ಾಹಣೆ (ತಿದ್ದು ಪಡಿ) 

ಅಧಿನಿಯಮ, 2025 (2025ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯಾ : 68) be published in the 

official Gazette under clause (3) of Article 348 of the constitution of India. 

 

THAAWARCHAND GEHLOT 

GOVERNOR OF KARANATAKA 
 

By Order and in the name of 

the Governor of Karnataka, 

 

 
                                                                        G. SRIDHAR 

Secretary to Government 

Department of Parliamentary 

Affairs and Legislation 

 

 


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