IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.34984 OF 2018 (GM-RES) BETWEEN:
JAGADEESHWAR REDDY, S/O. BAIYYAREDDY S., AGED ABOUT 53 YEARS, RESIDING AT NO.62/7, GROUND FLOOR, 1ST MAIN KEB ROAD, ITTAMADU, NEAR TERRANCE GARDEN APARTMENT, BANASHANKARI 3RD STAGE, KATRIGUPPE, BANGALORE – 560 085. … PETITIONER (BY SRI N. SURESHA, ADVOCATE) AND:
1. DEWAN HOUSING FINANCE CORPORATION LTD., NO.82, 1ST FLOOR, ABOVE IDBI BANK, DR. RAJKUMAR ROAD, 2ND BLOCK, RAJAJINAGAR, BENGALURU – 560 010.
REP. BY AUTHORISED OFFICER.
2. KIRAN YADAV S., S/O. K. SUBRAMANYAM, AGED ABOUT 39 YEARS, RESIDING AT NO.62/7, 1ST MAIN, KEB ROAD, ITTAMADU, NEAR TERRANCE GARDEN APARTMENT, BANASHANKARI 3RD STAGE, KATRIGUPPE, BANGALORE – 560 085.
3. KRISHNAMANDI SUBRAMANYAM S/O. KRISHNAMANDI, AGED ABOUT 62 YEARS, RESIDING AT NO.62/7, 1ST MAIN ROAD, KEB ROAD, ITTAMADU, NEAR TERRANCE GARDEN APARTMENT, BANASHANKARI 3RD STAGE, KATRIGUPPE, BANGALORE – 560 085. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R1 NOT TO TAKE PHYSICAL POSSESSION OF THE W.P. SCHEDULED PROPERTIES AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri N. Suresha, learned counsel for the petitioner.
2. Petition is admitted for hearing. The same is heard finally.
3. In this petition under Article 226 of the Constitution of India, petitioner inter alia seeks a writ in the nature of mandamus to respondent No.1 not to take physical possession of the property which is in occupation of the petitioner as tenant.
4. From perusal of the writ petition, it is evident that action against the petitioner has been taken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as, ‘the Act’). Hence, no writ can be issued to restrain the parties from taking recourse to a remedy which is provided to them under the statute. This writ petition is pending before this Court since 2018, in which no interim order has been passed. It is needless to state that the petitioner is at liberty to take recourse to remedy under the provisions of Section 17(4A) of the Act.
With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE PKS