Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49772 WP No. 6592 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.6592 OF 2020 (GM-RES) BETWEEN:
MRS. GULNAZ ALI W/O ASHRAF ALI, AGED ABOUT 45 YEARS, R/AT NO.5A, REGENCY PARK APARTMENT, HALL ROAD, RICHARDS TOWN, BENGALURU - 560 005. …PETITIONER (BY SRI. MOHAMMED MUJASSIM, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY THE UNDER SECRETARY, REVENUE DEPARTMENT (SPECIAL CELL), VIDHAN SOUDHA, BENGALURU - 560 001.
2.
The ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION AND COMPETENT AUTHORITY, APPOINTED UNDER THE KPIDFE ACT, 2004 2ND FLOOR, KANDAYA BHAVAN, KEMPEGOWDA ROAD, GANDHINAGAR, BENGALURU - 560 009. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1;
SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2)
Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49772 WP No. 6592 of 2020
THIS WRIT PETIION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 31ST JANUARY, 2019 ISSUED BY RESPONDENT NO.1 VIDE ANNEXURE-A INSOFAR AS THE PROPERTIES OF THE PETITIONER ARE CONCERNED, AS BEING NULL AND VOID; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL ORDER
In this writ petition, the petitioner is challenging the Notification dated 31st January, 2019 (Annexure-A) issued by the respondent No.1.
2. Heard Sri. Moahammed Mujassim, learned counsel appearing for the petitioner; Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent No.1; and Sri. Veeresh R. Budihal, learned counsel appearing for the respondent No.2.
3. Having taken note of the submission made by
learned counsel appearing for the parties, as this Court in an identical circumstances in the case of B. RAVISHANKAR AND OTHERS vs. STATE OF KARNATAKA AND OTHERS made in Writ Petition No.35914 of 2017 decided on 15th November,
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HC-KAR NC: 2025:KHC:49772 WP No. 6592 of 2020
2022, had dismissed the petition of the similarly placed petitioners, the present writ petition also deserves to be
disposed of accordingly.
6. Therefore, taking into consideration the fact that the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (for short, hereinafter referred to as 'KPIDFE Act') is a self-contained Act, which provides for protection of the innocent depositors and the rules made thereunder, empowering the competent authority/special Court to nullify such transfer of property involving the act of financial establishment, the petitioner is relegated to approach the Competent Authority/Special Court for redressal of her grievance.
7. In view of the aforementioned observation, it is also open for the respondent No.2 to approach the competent Authority by filing necessary petition as required under the KPIDFE Act within a period of one month from the date of receipt of this order.
8. It is made clear that, in the event, if the petitioner approaches Competent Authority/Special Court within an outer
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HC-KAR NC: 2025:KHC:49772 WP No. 6592 of 2020
limit of one month from the date of receipt of this order, the respondent No.2 shall enure to the benefit of period spent by the petitioner herein, till the filing the petition before the competent authority. With this observation, writ petition stands disposed of.
SD/- (E.S. INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 23