IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.53532/2018 (GM-DRT) BETWEEN:
M.VIJAYKUMAR S/O LATE MUNIRATNAM NAIDU AGED ABOUT 66 YEARS R/AT NO.189, GROUND FLOOR NO.189/5/6/3, 6TH A CROSS KURUMARAHALLI VILLAGE LAGGERE, BENGALURU – 560 086 … PETITIONER (BY SRI H.R.MOHAN KUMAR, ADVOCATE [ABSENT]) AND:
1. RECOVERY OFFICER - I DRT-II, JEEVAN MANGAL BUILDING NO.4, RESIDENCY ROAD BENGALURU – 560 025 2. THE AUTHORISED OFFICER/ CHIEF MANAGER CANARA BANK V.V.PURAM BRANCH BASAVANAGUDI BENGALURU – 560 004 3. SRI ASHOK KUMAR S/O LATE ANAND KUMAR (VEERAPPA) NO.57, 2ND CROSS, SVK LAYOUT BASAVESHWARANAGAR BENGALURU – 560 079 4. SMT.ANJANA ASHOK KUMAR W/O V.ASHOK KUMAR NO.650, 5TH MAIN DODDA BHASTHI MAIN ROAD NAGADEVANAHALLI BENGALURU – 560 056 5. SRI ANNA RAO MUTHATHI S/O LATE SHANTHAVEER MUTHATHI R/AT NO.121, 3RD CROSS NAGARBHAVI MAIN ROAD CANARA BANK LAYOUT BENGALURU 6. SMT.ARCHANA ANAND KUMAR W/O LATE ANAND KUMAR (VEERAPPA) NO.23, SRINIDHI III PHASE VINAYAKA LAYOUT, VIJAYANAGAR BENGALURU – 560 040 7. SRI SURENDRA JAIN, MAJOR NO.189, GROUND FLOOR NO.189/5/6/3, 6TH A CROSS KURUMARAHALLI VILLAGE LAGGERE, BENGALURU – 560 086 8. SRI JAGADISH, MAJOR NO.189, GROUND FLOOR NO.189/5/6/3, 6TH A CROSS KURUMARAHALLI VILLAGE LAGGERE, BENGALURU – 560 086 9. SRI K.G.BHADRARADHYA S/O GANADHARAIAH – ERAPPA NO.189, GROUND FLOOR NO.189/5/6/3, 6TH A CROSS KURUMARAHALLI VILLAGE LAGGERE, BENGALURU – 560 086 10. SRI R.SHARATH CHANDRA S/O S.RAMESH NO.189, GROUND FLOOR NO.189/5/6/3, 6TH A CROSS KURUMARAHALLI VILLAGE LAGGERE, BENGALURU – 560 086 … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED DEMAND NOTICE DEMANDING TO HANDOVER PEACEFUL AND VACANT POSSESSION OF THE PORTION OF THE SCHEDULE PREMISES OF GROUND FLOOR OF THE PETITIONER AS PER THE ORDER DATED 14.11.2018 (ANNEXURE–D) PASSED BY THE RECOVERY OFFICER PERTAINING TO THE GROUND FLOOR OF THE SCHEDULE PREMISES OF THE PETITIONER ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri Mohan Kumar H.R., learned Counsel for the petitioner is absent.
2. In this petition, the petitioner inter alia prays for quashing the impugned demand notice dated 14.11.2018 demanding to handover peaceful and vacant possession of the portion of the schedule premises of ground floor of the petitioner as well as directing respondent No.1 not to dispossess the petitioner from the portion of the ground floor of the schedule premises until the tenancy rights/lease Hold rights of the petitioner is determined.
3. The petitioner has an alternative and efficacious remedy available under the provisions of the Recovery of Debts due to the Banks and Financial Institutions Act, 1993.
4. In view of the aforesaid facts, the writ petition is disposed of with liberty to the petitioner to avail the alternative and efficacious remedy available under the provisions of law. The writ petition is accordingly disposed of.
Sd/- JUDGE KSR