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High Court of Karnataka · body

2025 DAILYLAW 73778 (KAR)

SRI KUMARASWAMY A S v. COMPETENT AUTHORITY

WP/7905/2020 · 2025-11-05

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.7905 OF 2020 (GM-RES) BETWEEN: 1. SRI. KUMARASWAMY A.S. S/O SIDDAIAH, AGED ABOUT 45 YEARS, R/AT NO.225, 2ND FLOOR, 1ST CROSS, 1ST MAIN, K.H LAYOUT, THAVAREKERE, BENGALURU - 560 029. 2. SRI. K.K.MANJUNATH S/O LATE K. KRISHNA MURTHY, AGED ABOUT 49 YEARS, NO.37, 3RD CROSS, HARIDASA NAGAR, GATTIGERI EXTENSION, B.E.M.L LAYOUT, 3RD STAGE, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. 3. SRI. MALLIKARJUN D.V. S/O D.V. REDDAPPA SETTY, AGED ABOUT 59 YEARS, NO.14, 7TH 'B' CROSS, AMRUTHANIVAS, SUBANNAPALYA, 80 FEET ROAD, BENGALURU - 560 033. 4. SRI. ANANTHA PADMANABHA ADIGA S/O SRI K. KRISHNA ADIGA, AGED ABOUT 49 YEARS, R/AT NO.10. SRI. LAMBODAR NILAYA, 6TH MAIN, 5TH CROSS, NAYAK LAYOUT, J.P.NAGAR 8TH PHASE, BENGALURU - 76. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 5. HARIKRISHANA A. S/O LATE KONDAIAH, AGED ABOUT 42 YEARS, R/AT NO.4/1, 3RD CROSS, GOVINDAPPA RAOD, R.S.PALYA, KAMMANAHALLA MAIN ROAD, BENGALURU - 33. 6. SRI. V. SUBASH NAIDU S/O MALAKONDAIIAH, AGED ABOUT 46 YEARS, R/AT NO.9, SAMPIGE ROAD, NEAR KULLAPPA CIRCLE, SUBBAYANNA PALYA, BENGALURU - 560 033. 7. KAVYASHREE D/O A.N. RAMESHBABU, AGED ABOUT 31 YEARS, R/AT 4TH CROSS, ANJANI EXTENTION, CHINTAMANI TOWN, CHIKKABALAPUR DISTRICT - 563 125. REP. BY G.P.A. HOLDER SRI. A.N. RAMESHBABU. 8. M. NAGESH S/O MANJUNATH BHAT, AGED ABOUT 40 YEARS, R/AT LOTUS KERST PHASE 1APT, SF-1, KUNDALAHALLI VILLAGE, MAHADEVPURA POST, BENGALURU - 560 037. REP. BY G.P.A. HOLDER SRI. VIVEKANANDA BHAT S/O L.N. BHAT. 9. SMT. NAGARATHNAMMA W/O LATE VIRUPAKSHAPPA AGED ABOUT 57 YEARS, R/AT NO.1043, 7TH MAIN, 3RD STAGE, BEML LAYOUT, - 3 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 R.R. NAGAR, BENGALURU - 560 098. 10. T. THIPPESWAMY S/O THYANNA S.H., AGED ABOUT 66 YEARS, R/AT MANJUNATHA BOOK STORE, NO.357, 8TH MAIN, BEML COMPLEX, 3RD STAGE, R.R. NAGAR, BENGALURU - 560 098. 11. SMT. SUJATHA D/O T.G. SRINIVASA MURTHY AGED ABOUT 51 YEARS, R/AT NO.11/1, 6TH PHASE, PARALLEL ROAD, CHAMARAJPET, BENGALURU - 560 018. 12. SRI. MICHAEL M.J. S/O SRI. M.K. JOHNNY, AGED ABOUT 42 YEARS, NO.20, 1ST MAIN, 1ST CROSS, UNIVERSITY LAYOUT, RAJRAJESHWARI NAGAR, BENGALURU - 560 098. 13. SRI. DENNY M.J. S/O SRI. M.K. JOHNY, AGED ABOUT 38 YEARS, NO.96/3, J.C. NAGAR, NEAR KURUBARAHALLI BUS STOP, BENGALURU - 560 086. 14. SRI. MAHESH D.N. S/O SRI. NARASIMHA MURTHY D., AGED ABOUT 45 YEARS, R/AT NO.572, 3RD MAIN, 2ND CROSS, 5TH STAGE, BEML LAYOUT, RAJRAJESHWARI NAGAR, BENGALURU - 560 098. - 4 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 15. LALITHA HANDI W/O L.M. HANDI, AGED ABOUT 70 YEARS, R/AT NO.5, SARVESHAKTHI NILAYA, RAILWAY NAGAL, OPPOSITE KENGERI RAILWAY STATION, BENGALURU - 560 060. 16. SRI. K. MALLIKARJUNA S/O MALLOKONDAIAH K., AGED ABOUT 33 YEARS, R/AT NO.64, M.M GARDEN, 2ND CROSS, BABUSA PALYA, KALYANA NAGARA POST, BENGALURU - 43. 17. M.Y. VENKATA REDDY S/O LATE VENKATAREDDY, AGED ABOUT 66 YEARS, NO.1251, 18TH CROSS, 3RD MAIN, H.S.R. LAYOUT, BENGALURU - 560 102. 18. RAMAKRISHNACHAR S/O MALACHAR AND BHARATH RAJ S/O DODDAHANUMANTHACHAR, AGED ABOUT 55 YEARS, R/AT NO.371, M.M.GARDEN, 3RD CROSS, BABUSA PALYA, KALYAN NAGAR, BENGALURU - 560 043. 19. SMT. M.S. SWAPOOPA SHREE W/O SRI. S. RAVISHANKAR, AGED ABOUT 42 YEARS, NO.1691, FIRST FLOOR, 7TH MAIN, 7TH CROSS, R.P.C.LAYOUT, VIJAYNAGAR 2ND STAGE, BENGALURU - 560 104. - 5 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 20. T.J. RAVIKUMAR S/O JAYARAM M., AGED ABOUT 37 YEARS, R/AT ANJANI TAKES, MALAPALLI, CHINTAMANI TOWN, CHIKKABALLAPURA DISTRICT - 563 125. 21. KRISHNARAJ K.K S/O K.C. KARIYAPPA, AGED ABOUT 50 YEARS, R/AT NO.323, 2ND MAIN, 1ST STAGE, M.S.H. LAYOUT, ANAND NAGAR, BENGALURU - 560 024. 22. S. RAMESH S/O LATE SHIVALINGAIA,H AGED ABOUT 47 YEARS, NO.1691, FIRST FLOOR, 7TH MAIN , 7TH CROSS, R.P.C LAYOUT, VIJAYANAGAR 2ND STAGE, BENGALURU - 560 104. 23. H.K. RAMACHANDRAIAH S/O KULLEGOWDA, AGED ABOUT 52 YEARS, R/AT HIREMARANA HALLI VILLAGE & POST, PANDAVAPURA TALUK, MANDYA - 571 422. 24. SRI. MAHADEV KHASAB KHATAL S/O KHASABA KHATAL, AGED ABOUT 44 YEARS, NO.22-1/1, 4TH CROSS, HOSAHALLI MAIN ROAD, PADARAYANAPURA, BENGALURU - 560 026. 25. SMT. VIDYA MAHADEV KHATAL W/O MAHADEV KHASABA KHATAL, AGED ABOUT 38 YEARS, - 6 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 NO.22-1/1, 4TH CROSS, HOSAHALLI MAIN ROAD, PADARAYANAPURA, BENGALURU - 560 026. 26. SRI. M. KRISHNAPPA S/O MUNIYAPPA, AGED ABOUT 54 YEARS, NO.44/1, 1ST CROSS, 5TH MAIN, P. VERAPPA ROAD, HANUMANTNAGAR, BENGALURU - 560 019. 27. SRI. DWARAKANATHA N.K. S/O LATE H. KEMKPAHANUMANIAH, AGED ABOUT 60 YEARS, R/AT NO.26, 2ND CROSS, SHANTHI NIVASA EXTENSION, BENGALURU - 60. 28. SRI. S.R. SOMASHEKAR S/O A.V. RANGASWAMY, AGED ABOUT 39 YEARS, R/AT NO.686, 5TH CROSS, RAJEEV GANDHINAGAR, LAGGERE, BENGALURU - 560 058. 29. SRI. K. SIDDARAJA S/O KARIYAPPA, AGED ABOUT 41 YEARS, KARIYANAPALYA, B.S.K. 6TH STAGE, 2ND BLOCK, UTTARHALLI HOBLI, RAJRAJESHWARI NAGAR POST, BENGALURU - 560 098. 30. SRI. GHEVER RAM CHOUDHARY S/O RAGHA RAM CHOUDHARY, AGED ABOUT 41 YEARS, R/AT NO.05, 5TH CROSS, MANJUNATHA NAGAR, RAJAJINAGAR, BENGALURU - 47. - 7 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 31. SHAMALA W/O SHIVAKUMAR, AGED ABOUT 36 YEARS, R/AT NO.94, 3RD CROSS, 1ST BLOCK, VISHWAPRIYA NAGAR, BEGUR(POST), BENGALURU - 560 063. 32. GEETHA PRAKASH GOUDA W/O LATE PRAKASH GOUDA, AGED ABOUT 40 YEARS, R/AT NO.11/95, 2ND MAIN, 21ST CROSS, SIDDHESHWARA NAGARA, VIJAYANAGARA, BENGALURU - 40. 33. CHOTARAM S/O TIKKARAM, AGED ABOUT 40 YEARS, R/AT NO.827/48, 5TH MAIN, 4TH CROSS, NEAR AYYAPPA TEMPLE, PRAKASH NAGARA, BENGALURU - 21. 34. SMT. NANDINI D. JATTI W/O LATE DINESH S. JATTI, AGED ABOUT 42 YEARS, R/AT NO.528, 1ST MAIN, 1ST CROSS, 3RD BLOCK, 3RD PHASE, BANASHANKARI 3RD STAGE, KARTIGUPPE, BENGALURU - 85. 35. SRI. S.V. SRIDHAR S/O SRI. VENKATARAMANA GOWDA, AGED ABOUT 48 YEARS, FLAT NO.201A, ASPENWOOD APTS, 1ST MAIN, 2ND CROSS, SARVABOWMA NAGAR, BANNERGHATTA ROAD, BENGALURU - 560 076. - 8 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 36. SRI. B. SOMASHEKARAIAH S/O LATE BORAIAH, AGED ABOUT 67 YEARS, VENKATESHWARA NILAYA, ASWINI EXTENSION, CHINTAMANI TOWN, CHIKKABALAPURA - 563 125. 37. SRI. NARASIMHARAJU M.A. S/O ADAVAIAH, AGED ABOUT 45 YEARS, R/AT NO.02, 50 FEET ROAD, 2ND CROSS, GOVINAYAKANAHALLI, K.S. LAYOUT, BENGALURU - 560 078. 38. B.K. GOPAL RAO S/O LATE BASAVARAJ. AGED ABOUT 57 YEARS, R/AT NO.26, 28TH MAIN, BANASHANKARI 1ST STAGE, BENGALURU - 50. 39. SMT. S. GEETHAMMA W/O G. RAVI, AGED ABOUT 33 YEARS, R/AT NO.4, 19TH CROSS, 4TH MAIN, N.S. PALYA, B.T.M. 2ND STAGE, BENGALURU - 560 076. REP. BY HER G.P.A. HOLDER SRI. G. RAVI. 40. SRI. R. VIGNESH BABU S/O RAMKRISHNA, AGED ABOUT 43 YEARS, R/AT NO.4, 19TH CROSS, 4TH MAIN, N.S. PALYA, B.T.M. 2ND STAGE, BENGALURU - 560 076. - 9 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 41. SMT. MANJULA R. W/O B.C. KRISHNE GOWDA, AGED ABOUT 33 YEARS, R/AT NO.18, 8TH MAIN, 2ND 'B' CROSS, PUTTENAHALLI PALYA, J.P. NAGAR, 7TH PHASE, BENGALURU -560 078. REP. BY HER G.P.A. HOLDER SRI. B.C. KRISHNE GOWDA. 42. NEETHA VENKHOBACHAR W/O VENKHOBARAO, AGED ABOUT 40 YEARS, R/AT NO.83, 'ABHYUDAYA', 1ST 'C' CROSS, 3RD STAGE, 3RD PHASE, 5TH STAGE BLOCK, BANASHANKARI, BENGALURU - 85. 43. BALAMANI W/O MANJUNATH, AGED ABOUT 42 YEARS, R/AT NO.323, 2ND MAIN, 1ST STAGE, M.S.H. LAYOUT, ANAND NAGAR, BENGALURU - 560 024. REP. BY HER G.P.A. HOLDER SRI. MANJUNATH. 44. BAYYAREDDY S/O LATE SUBBAREDDY, AGED ABOUT 40 YEARS, R/AT MORAVA PALLI (V), BEERANGI (POST), KOTTAKOTA(MANDAL), THAMBALLAPALLI(TQ), CHITTOOR (DT) - 517 112. 45. SRI. P. CHOWDAIAH S/O SRI. P. CHOWDAIAH, AGED ABOUT 50 YEARS, R/AT NO.8/35, 2ND CROSS, - 10 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 2ND BUILDING, VIJADURGA COLONY, KADAPA - 516 203. 46. SANTHOSH KUMAR SINGH S/O RAKTHU SINGH, AGED ABOUT 42 YEARS, R/AT NO.347, 1ST MAIN, BINNIPET, BENGALURU - 560 023. 47. PRAVEEN B. S/O DWARKANATH, AGED ABOUT 46 YEARS, R/AT NO.464/B, PLOT NO.101, 15TH CROSS, IDEAL HOMES, R.R NAGAR, BENGALURU - 560 098. 48. SRI. M.D. HOOVAIAH S/O M.C. DEVAIAH, AGED ABOUT 57 YEARS, R/AT NO.50/3, 2ND CROSS, BAZAR STREET, VANNARPET, VIVEKNAGAR POST, BENGALURU - 47. 49. SRI. NAGENDRA S/O MARANNA, AGED ABOUT 44 YEARS, R/AT NO.654/43-06, C/O TAILOR GOPAL REDDY COMPOUND, 8TH BLOCK, KORMANGALA, BENGALURU - 95. 50. SRI. AMBADAS JOSHI S/O SHANKARABHATT JOSHI, AGED ABOUT 53 YEARS, R/AT RUKMANGADA HIGH SCHOOL COMPOUND, STATION ROAD, SIRDESPANDE COLONY, BIJAPUR - 586 104. 51. S.B. ABDUL HAMID S/O SHEIK SAHEB, - 11 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 AGED ABOUT 50 YEARS, R/AT FLAT NO.401, KRYSTAL ELITE APARTMENT, H.NO.16-2-836/B9, L.I.C. COLONY, SAIDABAD, HYDERABAD, TELANGANA. 52. SRI. B.H.GANESH KUMAR S/O HAMPANNA, AGED ABOUT 46 YEARS, R/AT NO.40/10, K. NARAYANAPURA RAOD, NEWS NO.110, FLAT NO.48, KOTHANUR POST, BENGALURU - 77. REP. BY HIS G.P.A. HOLDER SRI. KUMARASWAMY A.S., S/O SIDDAIAH, AGED ABOUT 45 YEARS, R/AT NO.225, 2ND FLOOR, 1ST CROSS, 1ST MAIN, K.H.LAYOUT, THAVAREKERE, BENGALURU - 560 029. 53. SRI. PRATAP RAM CHOUDHARY S/O JASARAMJI, AGED ABOUT 38 YEARS, R/AT NO.26, 1ST FLOOR, 1ST 'C' CROSS, MANUVANA, VIJAYANAGAR, BENGALURU - 40. 54. SMT. J. SRIRAMAPPA S/O ANJINAPPA, AGED ABOUT 47 YEARS, R/AT NO.18, LAL BAHADUR SHASTRI NAGAR, K. NARAYANAPURA, KOTHANUR POST, BENGALURU - 560 078. 55. SRI. PRAKASH B. AGASIBAGIL S/O BASAVANNEPPA C. AGASIBAGIL, AGED ABOUT 47 YEARS, R/AT NO.455, 4TH CROSS, 7TH MAIN, HAMPINAGAR, - 12 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 VIJAYANAGAR 2ND STAGE, BENGALURU NORTH, BENGALURU - 560 014. 56. SMT. MALATA UDAYAKUMAR W/O SRI. UDAYAKUMAR, AGED ABOUT 37 YEARS, R/AT NO.11, J.P. NAGAR, 5TH PHASE, 24TH CROSS, PUTTENAHALLI, J.P. NAGAR, BENGALURU - 560 078. 57. C. SUBBA REDDY S/O LATE CHINNA ANJANA REDDY, AGED ABOUT 48 YEARS, R/AT NO.23, SHREE MARTHI MEDICAL, ISEC MAIN ROAD, NAGARBAVI VILLAGE, BENGALURU - 72. 58. SRIKANTH S/O HANUMANTHAPPA, AGED ABOUT 40 YEARS, R/AT NO.37, 2ND CROSS, SATYA SAI LAYOUT, B.T.M 4TH STAGE, B.G. ROAD, BENGALURU - 560 076. REP. BY HIS GPA HOLDER JAIDEEPA. …PETITIONERS (BY SRI. SUBBA REDDY K.N., ADVOCATE) AND: COMPETENT AUTHORITY KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 2004, RAMANAGARA SUB-DIVISION, RAMANAGAR DISTRICT. REP. BY SMT. DR. K. DAKSHAYINI, - 13 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 ASSISTANT COMMISSIONER (REVENUE), RAMNAGARA. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOT TO INTERFERE WITH THE PEACEFUL POSSESSION AND NOT TO CREATE ANY THIRD PARTY RIGHTS OR ALIENATIONS TILL THE APPLICATIONS DATED 17TH FEBRUARY, 2020 AND 07TH FEBRUARY, 2020 VIDE ANNEXURES 'A' AND 'B' RESPECTIVELY ARE DECIDED; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioners are seeking direction to the respondent-Authority, not to interfere with the peaceful possession and not to create any third party rights or alienation till the applications dated 17th January, 2020 (Annexure-A) and 07th February, 2020 (Annexure-B) are decided in respect of the schedule properties. 2. Heard learned counsel appearing for the petitioner. 3. Perusal of the writ petition would indicate that, already a Spl.C.No.50 of 2018 is pending consideration before the competent Court at Udupi. In that view of the matter, it is - 14 - HC-KAR NC: 2025:KHC:44522 WP NO.7905 OF 2020 open for the petitioners herein to approach the competent Court in Spl.C.No.50 of 2018, seeking the relief sought for in this writ petition. With this observation, writ petition stands disposed of. In view of disposal of the writ petition, pending applications, if any, stand disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 4