IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.9950/2015 (GM-RES) BETWEEN:
1. Sri.P.Narayana, Aged about 50 years, Son of Late Dodda Chennachar, 2. Smt.Kanya Kumari, Aged about 40 years, Wife of Narayana, Both are residing at No.142, Near Post Office, Udayagiri, Gayathripuram, Mysuru-570 017. … PETITIONERS (By Sri.Shankar Reddy C., Adv.,) AND:
1. The State of Karnataka, Rep. by its Secretary/Commissioner, Revenue Department, Government of Karnataka, Vikasa Soudha, Dr.Ambedkar Veedhi, Bengaluru-560 001.
2. The Deputy Commissioner, Mysuru District, Mysuru-570 001.
3. Sri.Kanniyaka Parameshwari Co-Operative Bank Limited, K.R.Circle, Mysuru-570 001, Represented by its Manager. … RESPONDENTS (By Sri.B.S.Mahendra, Adv., for R3; Smt.Niloufer Akbar, AGA for R1 & R2) ******* This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the order dated 31.01.2015 vide Annex-H passed by the Dy. Commissioner and District Magistrate at Mysuru in MAG (3) MIS 97/2014-15 as untenable in law and the petitioners or their tenants are not entitled to be dispossessed on the guise of the said order.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER Sri Shankar Reddy C., learned counsel for petitioners.
Smt. Niloufer Akbar, learned Additional Government Advocate for respondent Nos.1 and 2.
Sri B.S. Mahendra Adv. for respondent No.3.
Petition is admitted for hearing. With consent of the learned counsel for the parties, same is heard finally.
In this petition under Articles 226 and 227 of the Constitution of India, petitioners have assailed the validity of the order dated 31.01.2015 passed by the Deputy Commissioner and District Magistrate, Mysuru in M.A.G.(3) Mis.97/14-15, under S.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. 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 petitioners have a remedy of filing an application under Section 17 of the Act.
3. For the aforementioned reasons, the petition is disposed of with liberty that in case the petitioners avail of the remedy provided to them under Section 17 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 petitioners and shall decide the application.
4. In view of the order dated 13.03.2015 passed by this Court, the interim order granted by this Court shall continue for a period of four weeks.
Accordingly writ petition is disposed of.
Sd/- JUDGE sac*