IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11818 OF 2016 (GM-RES) BETWEEN:
SRI CHINTHAMANI S/O LATE SHANTHAPPA MADIWAL, AGED ABOUT 54 YEARS, R/AT MAHALAKSHMI EXTENSION, GUTTUR COLONY, HARIHAR, DAVANAGERE DISTRICT-577601.
(By Mr. G.S. PATIL , ADV., (ABSENT)) AND:
1. THE DISTRICT MAGISTRATE CUM DISTRICT COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE-577006.
2. SRI. RAMACHANDRAPPA AUTHORISED OFFICER, GRUHA FINANCE LIMITED, NO.428/3, I FLOOR, KUVEMPUR ROAD, LOWYER ROAD, K.B. EXTENSION, DAVANAGERE-577002.
3. SRI. KIRANKUMAR S.N S/O LATE MALLAPPA S AGED ABOUT 36 YEARS.
4. SMT. S.K. NITHYA @ SAVITHRA W/O KIRAN KUMAR S.N.
AGED ABOUT 32 YEARS.
BOTH ARE RESIDENTS OF MAHALAKSHMI LAYOUT … PETITIONER GUTTUR COLONY, NEAR GOVERNMENT PRIMARY SCHOOL, HARIHARA, DAVANAGERE DISTRICT-577002.
5. THE TAHSILDAR HARIHARA TALUK, HARIHARA DAVANAGERE DISTRICT-577601.
… RESPONDENTS (By Mr. Y.D. HARSHA, AGA FOR R1 & R5 Mr. B.S. MAHENDRA, ADV. FOR R2 R3 & R4 SERVED AND UNREPRESENTED) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to call for the records. Quash the impugned order dated 1.2.2016 passed by the R- 1 District Magistrate produced at Annex-C and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER None for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondent Nos.1 and 5.
Sri.B.S.Mahendra, learned counsel for respondent No.2.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the impugned order dated 01.02.2016 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).
4. In view of the order dated 30.01.2019 passed by this Court in W.P.No.6594/2018 and for the reasons assigned therein, the petitioner has a remedy of filing an application under Section 17-4A of the Act. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner avails of the remedy provided to him under Section 17-4A of the Act within three weeks from the date of receipt of the certified copy of the order passed today, the Tribunal shall extend the benefit of principles contained under Section 14 of the Limitation Act, 1963, to the petitioner and shall decide the application.
Sd/- JUDGE RV