TALACAUVERY HOUSE BUILDING CO OPERATIVE SOCIETY v. THE STATE OF KARNATAKA
WP/21828/2022 · 2025-11-10
M G Uma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 90239 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90239 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:45902 WP No. 21828 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 21828 OF 2022 (CS-RES) BETWEEN:
1. TALACAUVERY HOUSE BUILDING CO-OPERATIVE SOCIETY NO.3/3, 2ND FLOOR VAMSH WHITE APARTMENT 3RD CROSS, NEHRUNAGAR OPP SESHADRIPURAM COLLEGE BANGALORE - 560 020 REPRESENTED BY PRESIDENT VENKATESHAIAH K.V.
AGED ABOUT 76 YEARS
2. D.S. RAVIKUMAR S/O. D.B. SHADAKSHARAPPA AGED ABOUT 43 YEARS R/O. NO. 3, 4TH CROSS 7TH MAIN ROAD, NAVODAYANAGAR NEAR BANGALORE SCOTTISH SCHOOL J. P. NAGAR 7TH PHASE BENGALURU - 560 078. 3. SMT. SUJATHA W/O. S.N. SUDARSHAN AGED ABOUT 55 YEARS R/O. NO. 31/28, 4TH CROSS K.V. EXTENSION, BYRASANDRA 3RD BLOCK, JAYANAGAR EAST BANGALORE - 560 011. 4. SPOORTHI. S. S.
D/O. SUDARSHAN. S. N R/O. NO. 31/28, 4TH CROSS K.V. EXTENSION BYRASANDRA
Digitally signed by PRASHANTH N V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:45902 WP No. 21828 of 2022
3RD BLOCK, JAYANAGAR EAST BANGALORE - 560 011. 5. SMT. N. GOWRI W/O. B.K. YOGANANDAKUMAR AGED ABOUT 58 YEARS NO. 11, "MANJUSHRI" NEW KEMPEGOWDA LAYOUT KATTARIGUPPE BANASHANKARI 3RD STAGE BANGALORE-560 085. 6. C. RAMESH S/O. C. GOPINATH AGED ABOUT 66 YEARS R/O. NO. 84, 3RD MAIN 'KAMALALAYA', CHAMARAJPET BANGALORE - 560 018. 7. T.R. RANGASWAMY S/O. RAJEGOWDA AGED ABOUT 44 YEARS RESIDING AT NO. NA-244 BEL COLONY, JALAHALLI POST BANGALORE - 560 013. 8. A.S. SHANMUKA SWAMY S/O. H.M. SHIVAPPA AGED ABOUT 63 YEARS NO.58/1, 2ND CROSS MANJUNATHA EXTENSION R.T. NAGAR POST BANGALORE - 560 032. 9. C.J. SAMPATH KUMAR S/O. JAYARANGA SHETTY AGED ABOUT 52 YEARS R/AT NO. 121, "SRI RAKSHA" ADARSHNAGAR ARISHINAKUNTE NELAMANGALA - 562 123. 10. S.T. RAMANUJAIAH S/O. S.T. CHANNAKESHAVAIAH
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HC-KAR NC: 2025:KHC:45902 WP No. 21828 of 2022
AGED ABOUT 77 YEARS R/O. NO.5, 1ST TEMPLE STREET 15TH CROSS, MALLESHWARAM BANGALORE - 560 003. 11. SMT. G.M. HEMAVATHI W/O. V.N. KAPANIGOWDA AGED ABOUT 61 YEARS R/O. NO.3, MATHA PITRU NILAYA SWEET WATER WELL ROAD NAGASHETTY HALLI R.M.V. II STAGE BANGALORE - 560 094. 12. LAKSHMAN GOWDA S/O. RAME GOWDA AGED ABOUT 50 YEARS R/O. NO.03, SHIVAJYOTHINAGAR HAROKETANAHALLI MAIN ROAD BANGALORE - 560 162. 13. A.D. SESHAGOPAL S/O. A.G. DWARAKANATH AGED ABOUT 39 YEARS R/O. NO.7/4, 4TH B BALAJI CROSS KATTHRIGUPPE MAIN ROAD VIVEKANANDA NAGAR BENGALURU - 56 0085.
…PETITIONERS (BY SRI: B M HALA SWAMY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REVENUE DEPARTMENT (SPECIAL CELL) M.S. BUILDING BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY. 2. COMPETENT AUTHORITY AND MANAGING DIRECTOR KARNATAKA PUBLIC LANDS CORPORATION LIMITED 2ND FLOOR, DEPUTY COMMISSIONERS BUILDING BEHIND KANDAYA BHAVAN
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HC-KAR NC: 2025:KHC:45902 WP No. 21828 of 2022
KEMPEGOWDA ROAD BANGALORE - 560 009. REPRESENTED BY MANAGING DIRECTOR
3. COMPETENT AUTHORITY SRI KANVA GROUP OF COMPANIES AND MANAGING DIRECTOR KARNATAKA PUBLIC LANDS CORPORATION LIMITED BANGALORE - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR
4. THE CITY MUNICIPAL COUNCIL NELAMANGALA NELAMANGALA - 562123, REPRESENTED BY ITS COMMISSIONER. 5. THE SUB-REGISTRAR NELAMANGALA TOWN NELAMANGALA - 562 123. BENGALORE RURAL DISTRICT …RESPONDENTS (BY SMT. CHANDINI .S., HCGP FOR R1 & 5 SRI. VEERESH .R. BUDIHAL, ADVOCATE A/W SRI. RAKSHITH M.N., ADVOCATE FOR R2 & 3 SRI. S. MAHESH, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE COMMUNICATION DATED 06.04.2021 SENT BY RESPONDENT NO.2 TO THE SUB-REGISTRAR, NELAMANGALA, ANNEXURE-E AND SET ASIDE THE ENDORSEMENT DATED 21.12.2021, ANNEXURE-H ISSUED BY RESPONDENT NO.2 AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS. JUSTICE M G UMA
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HC-KAR NC: 2025:KHC:45902 WP No. 21828 of 2022
ORAL ORDER The petitioners have approached this Court seeking issuance of writ in the nature of certiorari to set aside the Communication dated 06.04.2021 passed by respondent No.2 produced as per Annexure-E and endorsement dated 21.12.2021 issued by respondent No.2 produced as per Annexure-H.
2. Heard Sri B M Halaswamy, learned counsel for the petitioners, Smt Chandini S, learned High Court Government Pleader for respondent Nos.1 and 5, Sriyuths Veeresh R Budihal alongwith Rakshith M N, learned counsel for respondent Nos.2 and 3 and Sri S Mahesh, learned counsel for respondent No.4. Perused the materials on record.
3.
Learned counsel for the petitioners submits that he is not pressing his prayer for quashing Annexure-E, since it is only a Communication. However, he prays for allowing the petition to quash the endorsement dated 21.12.2021 as per Annexure-H.
4.
Learned counsel for respondent Nos.2 and 3 fairly concedes that there was no Notification as required under
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HC-KAR NC: 2025:KHC:45902 WP No. 21828 of 2022
Section 3(2) of Karnataka Protection of Interest of Depositors in Financial Establishments Act. Therefore, while quashing Annexure-H, liberty may be reserved to respondent Nos.2 and 3 to follow the procedure and proceed in accordance with law.
5.
Learned counsel for the petitioners has no objection for the same.
6. In view of the above, the petition is liable to be allowed by quashing Annexure-H. Hence, the following:
ORDER
(i) The Writ Petition is allowed.
(ii) The endorsement dated 21.12.2021 issued by respondent No.2 produced as per Annexure-H is quashed.
(iii) Liberty is reserved with respondent Nos.1 to 3 to initiate any action, if necessary, by following the procedure as required under law.
Sd/- (M G UMA) JUDGE
*bgn/- CT:VS List No.: 2 Sl No.: 29