IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.6059-6063 OF 2019 (GM-RES) BETWEEN:
1. MR VISHWANATH BHUTE SON OF MR VITHAL SA BHUTE AGED 60 YEARS, 2. MRS GITA BAI WIFE OF MR VISHWANATH BHUTE AGED ABOUT 51 YEARS, 3. MR RAKESH BHUTE SON OF MR VISHWANATH BHUTE, AGED ABOUT 32 YEARS, 4. MR AKASH BHUTE SON OF MR VISHWANATH BHUTE AGED ABOUT 22 YEARS, 5. MR RAJESH BHUTE SON OF MR VISHWANATH BHUTE AGED ABOUT 29 YEARS, THE PETITIONERS ARE RESIDING AT MUNICIPAL NO. 313/291/313, T.B. TEMPLE ROAD, HARIHAR-577601 ... PETITIONERS (BY SRI. CHETAN CHANDRASHEKHAR, ADVOCATE FOR SRI. KASHYAP N NAIK, ADVOCATE) AND:
1. DISTRICT COMMISSIONER AND DISTRICT MAGISTRATE DAVANAGERE DISTRICT, DAVANAGERE-577 002 2. THE TAHSILDAR HARIHAR TALUK, DAVANAGERE DISTRICT DAVANAGERE-577601 3. M/S APTUS VALUE HOUSING FINANCE INDIA LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, REPRESENTED HEREIN BY ITS DIRECTOR, HAVING ITS CORPORATE OFFICE AT 8B, DOSHI TOWERS POONAMALLEE HIGH ROAD, KILPAUK CHENNAI-600010 ALSO AT #9-469/3, MIRZA PLAZA, 1ST FLOOR, 8TH MAIN ROAD, P.J. LAYOUT DAVANAGERE-577002.
... RESPONDENTS (BY SRI.Y.D.HARSHA, AGA FOR R1 & R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.01.2019 PASSED BY THE DISTRICT COMMISSIONER AND DISTRICT MAGISTRATE, DAVANAGERE DISTRICT (ANNEXURE-A) AND CONSEQUENTLY QUASH ALL OTHER PROCEEDINGS INITIATED BY THE R-3 UNDER THE SARFAESI ACT & ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Chetan Chandrashekar, learned Counsel for Sri. Kahsyap N.Naik, learned counsel for the Petitioners.
Sri. Y.D.Harsha, learned Additional Government Advocate for Respondents 1 and 2.
The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the same are heard finally.
2. In these writ petitions under Article 226 of the Constitution of India, the petitioners are assailing the validity of the order dated 21.01.2019 passed by the District Magistrate under Section 14 of the Securitization and Reconstruction of Final Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short) 3. This Court by an order dated 30.01.2019 passed in W.P.No.6594/2018 has already held that in case an order is passed under Section 14 of the Act, the remedy for the petitioner is to file an application under Section 17 of the said Act.
4. For the reasons assigned by this Court in the said writ petition, these writ petitions are disposed of with a liberty to the petitioners to take recourse to the remedy provided to them under Section 17 of the Act.
Sd/- JUDGE Srl.