IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.13366 OF 2019(GM-RES) BETWEEN:
SHRI. PRADEEP G., S/O DR.GUNDAPPA, AGED ABOUT 42 YEARS, RESIDING AT NO.8, 1ST MAIN ROAD, 2ND CROSS, CANARA BANK ROAD, BRINDAVAN EXTENSION, MYSORE.
… PETITIONER (BY MR. MANJUNATH V., ADV.-ABSENT) AND:
1. THE STATE OF KARNATAKA, BY ITS MINISTRY OF REVENUE, VIDHANA SOUDHA, BANGALORE – 560 001.
2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, MYSORE DISTRICT, MYSORE.
3. THE GRATUITY CO-OPERATIVE BANK LTD., 100 FEET DOUBLE ROAD, CHAMARAJPURA AGRAHARA, MYSORE – 570 004.
REPRESENTED BY ITS BRANCH MANAGER.
4. SHRI.BHASKAR R., AGED ABOUT 51 YEARS, S/O S.S.RAJU CHETTIYAR, RESIDING AT DOOR NO.349, T.NARASIPURA ROAD, ALANAHALLI EXTN., MYSORE.
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 18.06.2018 NO.MAG[3] MISC.NO.129/2018 PASSED BY THE R-2 IN THE RESPECT OF HOUSE PROPERTY MENTIONED AT ANNEXURE – A AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. In this petition, the petitioner, who is a tenant has assailed the validity of the impugned order dated 18.06.2018 passed by respondent No.2 by which an order 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) has been passed.
3. In view of the decision of this Court in the order dated 30.01.2019 passed in W.P.No.6594/2018 and for the reasons assigned therein, the remedy available for the petitioner is to file an application under Section 17(4A) of the Act.
4. Accordingly, I deem it appropriate to dispose of the writ petition with liberty to the petitioner to file an application against the order impugned in this petition under Section 17(4A) of the Act. Ordered accordingly.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-