Justice A S Paschapure ordered the issue of notice when the petition came up before him.
Advocate Vinod had filed the complaint against Eshwarappa before the Lokayukta court in Shimoga which had on December 15 last ordered an investigation into the allegations.
The complainant had alleged that Eshwarappa, also state BJP chief, his son Kanthesh K E and daughter-in-law Shalini had amassed wealth disproportionate to their known sources of income.
Lokayukta police had subsequently registered a case, taken up investigation and raided the residences of Eshwarappa and others.