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2025 DAILYLAW 49003 (KAR)

SMT. PARIMALA v. STATE OF KARNATAKA

WP/27530/2025 · 2025-10-27

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42715 WP No. 27530 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27530 OF 2025 (GM-RES) BETWEEN: SMT. PARIMALA W/O SRI. C.G. ANAND THEERTHA AGED ABOUT 61 YEARS R/AT NO. 306, 3RD FLOOR, AMITY RAMAPRIYA APARTMENT, BSK III STAGE, ITTAMADU, NEAR TATA PARAMOUNT, BENGALURU - 560 085. …PETITIONER (BY SRI. K.N. NITISH, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, (SERVICES-1, SSLR A ND SPECIAL CELL) MS BUILDING, BANGALORE - 560 001. 2. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY OF GOVERNMENT OF KARNATAKA, VIDHAN SOUDHA, BANGALORE - 560 001. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGALURU - 560 052. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42715 WP No. 27530 of 2025 4. DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU - 560 001. 5. KARNATAKA RAJYA SOUHARDA SAMYUKTHA, SAHAKARI NIYAMITHA SOUHARDA SAHAKARI SOUDHA, 1ST BLOCK, BETWEEN 17TH AND 18TH CROSS, RAJAJINAGAR, BENGALURU - 560 010, REPRESENTED BY ITS MANAGING DIRECTOR. 6. NAGARATHNA SOUHARDA CREDIT CO-OPERATIVE LIMITED, (SOCIETY REGISTERED UNDER CO-OPERATIVE SOCIETY ACT) NO.1, 1ST FLOOR, SRI LAKSHMI COMPLEX, 14TH CROSS, VIDYAPEETA CIRCLE, KATRIGUPPE MAIN ROAD, ASHOK ROAD, BANGALORE - 560 050 REPRESENTED BY ITS CEO, PRESENTLY REPRESENTED BY ASSISTANT COMMISSIONER, BENGALURU, SOUTH-DIVISION, AND COMPETENT AUTHORITY REGISTERED UNDER KPIDFE, ACT, BENGALURU - 560 001. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R4 NOTICE TO R5 & R6 IS D/W V/O/DT:27.10.2025) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 24.11.2023 BEARING NO. ERD 205 GRC 2023 PASSED BY THE 1ST RESPONDENT AT ANNEXURE D AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42715 WP No. 27530 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 to 4. 2. Notice to respondent Nos.5 and 6 is dispensed with in view of the proposed order to be passed. 3. Petitioner is before this Court seeking for the following reliefs: "A. Issue a writ in the nature of Certiorari or any other appropriate writ, order, or direction, quashing the impugned order dated 24.11.2023 bearing No. ERD 205 GRC 2023 passed by the 1st respondent at Annexure D. B. Issue the writ in the nature of mandamus or any other appropriate writ, order, or direction, directing the respondents to restore the board of the 6th respondent Bank to manage and administer the affairs of the Bank, within a time frame. C. Grant such other further reliefs as this Hon'ble Court deems fit in the circumstances of the case in the interest of justice and equity." 4. By way of the order dated 24.11.2023, a notification under sub-Section (1) of Section 5 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (for short 'the Act') has been - 4 - HC-KAR NC: 2025:KHC:42715 WP No. 27530 of 2025 passed by appointing the Competent Authority in respect of respondent No.6-Bank of which the petitioner is one of the Directors. 5. The petitioner is before this Court contending that the petitioner and the other Directors had furnished the details of loans which had been disbursed by respondent No.6 and the details of security furnished in respect thereto. However, the Competent Authority has not taken any action in respect of the said details which had been furnished and in that background, the petitioner is seeking for quashing of the notification passed under sub- Section 1 of Section 5 of the Act. 6. Even if the petitioner has a grievance against the Competent Authority not having taken action, it is for the petitioner to seek for such necessary reliefs in respect of such action not being taken. The same would not give a reason or a cause for the petitioner to seek for quashing of the notification passed under sub-Section (1) of Section 5 of the Act. - 5 - HC-KAR NC: 2025:KHC:42715 WP No. 27530 of 2025 6. In view of the said observation, the petition stands dismissed reserving liberty in favour of the petitioner to seek for appropriate relief. SD/- (SURAJ GOVINDARAJ) JUDGE VM List No.: 1 Sl No.: 19