KANVA EDUCATIONAL TRUST v. THE STATE GOVERNMENT OF KARNATAKA
WP/14204/2025 · 2025-05-15
M G S Kamal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26555 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26555 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:18268 WP No. 14204 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14204 OF 2025 (GM-RES) BETWEEN:
KANVA EDUCATIONAL TRUST, REPRESENTED BY ITS SECRETARY RAJATH P. GOWDA, AGED ABOUT 35 YEARS, RESIDING AT NO. 302, 6TH MAIN ROAD ,OPP MLO CLUB, MAHALAKSHMI LAYOUT, BANGALORE - 560 086.
REGISTERED UNDER INDIAN TRUST ACT …PETITIONER (BY SRI. RAVISHANKAR, SR. COUNSEL FOR SRI. SHREERAM TIMMAPPA NAYAK, ADVOCATE)
AND:
1.
THE STATE GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, BANGALORE - 560 001.
2.
THE COMPETENT AUTHORITY FOR SRI KANVA SOUHARDA CREDIT CO-OPERATIVE LIMITED AND KANVA GROUP OF COMPANIES, BENGALURU AND REGIONAL COMMISSIONER OFFICE OF THE REGIONAL COMMISSIONER,
Digitally signed by SUMA B N Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:18268 WP No. 14204 of 2025
BENGALURU DIVISION, BMTC BUILDING, 2ND FLOOR K H ROAD, SHANTHINAGAR BENGALURU - 560 027. …RESPONDENTS (BY SRI. VEERESH R. BUDHIHAL, ADVOCATE FOR C/R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECT THE R2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE HIS LETTER DATED 17/04/2025 AT ANNX-A, SEEKING TO ENTER INTO RENT AGREEMENT WITH THE R2 WITH REFERENCE TO SY. NO. 5/4 SITUATED IN G. NAGENAHLLI VILLAGE, KASABA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT WHICH IS SUBJECT TO ATTACHMENT IN MISC NO.
1204/2023 BY THE SPECIAL COURT AT BENGALURU FOR SUCH A PERIOD WHICH THIS HONBLE COURT DEEMS FIT AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER The limited grievance of the petitioner is that in view of the order passed under Section 22 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 which is confirmed by the Appellate Authority/ Special Court, respondent No.2 has issued communication intending to auction the property in inoccupation of the petitioner with a further notice to vacate the same on or before 25.04.2025.
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NC: 2025:KHC:18268 WP No. 14204 of 2025
2. Sri. D.R.Ravishankar, learned Senior Counsel further submits that the representations dated 17.04.2025 and 08.05.2025 as per Annexures-A and B have already been made by the petitioner to the respondent No.2- Authority seeking grant of lease in respect of the said property. He submits that without considering the said representations respondent No.2-Authority has issued the impugned notice threatening to auction the property and dispossess the petitioner. He further submits, there are 450 students pursuing their education, any action pursuant to the impugned notice would cause irreparable loss and injury to the students. He submits, if a direction is issued to the respondent No.2-Authority, he consider the representations and thereafter proceed in accordance with law, the purpose of the petition to be served.
3.
Learned counsel for respondent No.2 though vehemently resisted the petition, however, fairly submits that the representations so made by the petitioner will be considered in accordance with law and appropriate order in
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NC: 2025:KHC:18268 WP No. 14204 of 2025
this matter will be passed and will be communicated to the petitioner.
4. Submission is taken on record.
5. Accordingly, the petition is disposed of.
6. Respondent No.2 shall consider the representations of the petitioner as per Annexures-A and B in one way or other and communicate the same to the petitioner within period of 15 days from receipt of certified copy of this order.
7. Till consideration the representation respondent No.2 shall not precipitate the matter.
SD/- (M.G.S. KAMAL) JUDGE
KVR List No.: 1 Sl No.: 184 CT: BHK