IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY 2019 BEFORE The Hon’ble Mr. Justice B. M. Shyam Prasad Writ Petition No. 380 OF 2019 (gm-res) Between :
SRI. ARJUN. R. NAYAK SON OF SRI.RAJA NAYAK, AGED 25 YEARS RESIDIGIN AT NO.1229, 17TH MAIN, 1ST STAGE, 1ST PHASE, B.T.M. LAYOUT, BANGALORE - 560 029.
(BY SRI. N. SURESHA, ADVOCATE) ... PETITIONER AND:
1. THE BANGALORE CITY COOPERATIVE BANK LTD. ADMIN OFFICE NO.3, PAMPA MAHAKAVI ROAD CHAMARAJPET BENGALURU - 560 018 REP BY ITS AUTHORIZED OFFICER.
2. SRI.M.VIJAYKUMAR AGED ABOUT 45 YEARS SON OF MUNIYAPPA RESIDING AT NO.289, 15TH CROSS, WILSON GARDEN, BANGALORE - 560 030.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED PROPERTIES AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner, who asserts to be a tenant of the immovable property mortgaged with the respondent No.1, has filed this writ petition seeking a writ of mandamus to the respondent No.1 not to take physical possession of such immovable property. The petitioner asserts that he is in possession of the subject property for the purposes of manufacture of mineral water, and if the respondent No.1 with whom the subject property is mortgaged by the respondent No.2 - the petitioner’s landlord, takes forcible possession, the petitioner will be put to hardship. However, the petitioner as a tenant of the subject property, if indeed is aggrieved by any measures taken by the respondent No.1 under the SARFEASI Act or the relevant rules, would be entitled to have recourse to the provisions of Section 17 of the SARFEASI Act. The petitioner is unable to make out any ground for interference by this Court in extraordinary jurisdiction under Article 227 of the Constitution of India. Therefore, the petition is disposed of with liberty to the petitioner to file appropriate proceeding under the SARFEASI Act.
SD/- JUDGE SA