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2025 DAILYLAW 73160 (KAR)

G KAVALAPPA v. CHIEF EXECUTIVE OFFICER

WP/4748/2024 · 2025-07-11

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25421 WP No. 4748 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4748 OF 2024 (CS-RES) BETWEEN: G KAVALAPPA S/O LATE SRI GANGAPPA AGED ABOUT 70 YEARS R/AT # 1865 K G RAMAMANDIRA ROAD NELAMANGALA TOWN BENGALURU RURAL DISTRICT - 562 123. …PETITIONER (BY SRI. MALLAIAH M R.,ADVOCATE) AND: 1. CHIEF EXECUTIVE OFFICER BENGALURU DISTRICT CENTRAL CO-OPERATIVE BANK LTD (BDCC BANK) 5TH MAIN ROAD CHAMARAJAPETE BENGALURU - 560 018. 2. ASSISTANT REGULATOR OF CO OPERATIVE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25421 WP No. 4748 of 2024 SOCIETIES AND RECOVERY OFFICER (RULE 441) BENGALURU DISTRICT CENTRAL CO OPERATIVE BANK LTD (BDCC BANK) 5TH MAIN ROAD, CHAMARAJAPETE BENGALURU - 560 018. 3. THE TAHASILDAR DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT PIN - 561 203. …RESPONDENTS (BY SRI. SOMASHEKAR.,ADVOCATE FOR R1; SRI. HARISH A.S., AGA FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER OF R-2 DATED 12.01.2024 ANNEXURE-A AND TO GIVE DIRECTION NOT TO HOLD ANY SUCH ACTION WITH RESPECT TO HIS ABOVE SAID PROPERTY TILL THE FINAL DISPOSAL OF THE IDENTICAL MATTER BY THE HONBLE KAT AT BANGALORE BENCH WHICH IS REMANDED BACK ON 09.11.2023 BY THE HONBLE HIGH COURT, PRL. BENCH AT BANGALORE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:25421 WP No. 4748 of 2024 ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: ''a) Set aside the impugned order of respondents 2 dated 12-01-2024 Vide Annexure-A (Bearing No.¸À¸À¸À¤/ªÀD/ºÀgÁdÄ/68/2023-24 and to give direction not to hold any such action with respect to his above said property till the final disposal of the identical matter by the Hon'ble KAT at Bangalore Bench which is remanded back on 9th, November 2023 by the Hon'ble High Court, Principal Bench at Bangalore in the interest of justice and equity. (b) Pass any such other remedies, orders or directions as deem fit by this Hon'ble Court in the circumstances of the case.'' 2. This Court vide order dated 16.02.2024, on the basis of submission made by the counsel for the petitioner granted interim reliefs subject to payment of certain amounts as indicated therein. 3. Learned counsel for the respondents submits that the said order has not been complied with despite a long lapse of time. On enquiry with the learned counsel for the petitioner hereby confirmed that the same has not been complied with and that another petition had been filed which had also been dismissed for non-prosecution. - 4 - HC-KAR NC: 2025:KHC:25421 WP No. 4748 of 2024 4. In the present matter, an order dated 16.02.2024 still remaining to be complied and not even one Rupee having been paid from the time of the said order till now. 5. I am of the considerable opinion that the equitable jurisdiction of this Court cannot be exercised for the benefit of the petitioner. As such, no grounds being made out as also on account of the interim order being not complied with, petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE RL List No.: 1 Sl No.: 18