IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27852 OF 2018 (GM-RES) BETWEEN MAGMA HOUSING FINANCE NO.36, H.M.ASTRID, MINERVA CIRCLE, J.C.ROAD, BANGALORE-02 REP BY ITS OFFICER AND BOARD RESOLUTION HOLDER, MR. NARENDRA SINGH ... PETITIONER (BY SRI.MOHANA J.S, ADVOCATE FOR SRI.MAHABALESHWAR CHITRIGEMATH, ADVOCATE) AND 1. MR SHREEDHARA S/O MR. BANDI GOWDA, AGED ABOUT 51 YEARS, R/O OLD MDCC BANK ROAD, ARAKERE VILLAGE AND HOBLI, SRIRANGAPATNA TALUK MANDYA DISTRICT-571415 2. MR ARJUNA A S S/O MR. JAYALAKSHMI, AGED ABOUT 24 YEARS, R/O OLD MDCC BANK ROAD, ARAKERE VILLAGE AND HOBLI, SRIRANGAPATNA TALUK MANDYA DISTRICT-571415 3. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE MANDYA DISTRICT, MANDYA-571401 ... RESPONDENTS (BY SRI.Y.D.HARSHA, AGA FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS TO THE R-3, DIRECT THE R-3 TO PASS ORDERS ON ANNX-H WITHIN A REASONABLE TIME.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Mohana J.S., learned counsel for Sri.Mahabaleshwar Chitrigemath, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate accepts notice for respondent No.3.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent Nos.1 and 2.
In this petition, the petitioner inter alia seeks for a direction to the Deputy Commissioner and District Magistrate, Mandya District, Mandya to pass an appropriate order on the application which has been filed by him under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
2. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to respondent No.3 to pass an appropriate order in accordance with law on the application which has been submitted by the petitioner under Section 14 of the Act in the year 2017.
3. On the other hand, learned Additional Government Advocate submitted that suitable action in accordance with law on the application submitted by the petitioner shall be taken.
4. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction to respondent No.3, namely, the Deputy Commissioner and District Magistrate, Manday District, Mandya to consider and decide the application submitted by the petitioner by a speaking order in accordance with law within a period of one month from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE dn/-