IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.47582 OF 2018(GM-RES) Between:
Shivananjappa S/o Doddegowda Aged about 67 years R/o “Sri Byrasiddeshwara Nilaya”, 1st Floor, 2nd Cross, ‘A’ Block, Sharavathinagara, Shivamogga City-577 201. (By Sri.P.N.Harish, Advocate) And:
1. Lakshmi Vilas Bank, Regional Office, No.93, 2nd Floor, TKN Mansion, Opposite to KSRTC Central Office, K.H.Road, Bengaluru-560 027.
By its authorized officer 2. Lakshmi Vilas Bank Branch Office, Karthik Complex, Durgigudi, Shivamogga City-577 201. By its Manager.
3. K.E.Shekarappa S/o of K.Eshwarappa, … Petitioner Aged about 59 years, R/o No.188, 2nd Cross, Sharavathinagara, Shivamogga City-577 201.
…Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-1 and 2 not to interfere with the possession of the petitioner over schedule property without following due process of law and etc.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri.P.N.Harish, learned counsel 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, petitioner inter alia seeks for a direction to respondent Nos.1 and 2 not to interfere with the possession of the petitioner over schedule property without following due process of law.
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, petition is disposed of with liberty to the petitioner that in case he files an application under Section 17(4A) of the Act before the Debts Recovery Tribunal, the same shall be decided by the Debts Recovery Tribunal after affording an opportunity of hearing to all necessary parties in accordance with law.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE dn/-