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2026 DAILYLAW 21098 (KAR)

SRI L NARASHIMAIAH v. THE APPELLANT AUTHORITY AND JOINT SECRETARY

WP/17044/2026 · 2026-06-12

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28446 WP No. 17044 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17044 OF 2026 (GM-RES) BETWEEN: SRI L NARASHIMAIAH AGED ABOUT 80 YEARS S/O LATE LAKSHMIPATHAIAH, RESIDING AT NO 193, 2ND MAIN ROAD, 6TH BLOCK, JAYANAGAR, BENGALURU 560072 …PETITIONER (BY SRI. BHADRINATH R.,ADVOCATE) AND: 1. THE APPELLANT AUTHORITY AND JOINT SECRETARY MINISTRY OF FINANCE, GOVERNMENT OF INDIA, KARTAVYA BHAVAN-1 NEW DELHI 110001 REPRESENTED BY ITS SECRETARY 2. THE RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR CENTRAL OFFICE, CENTRAL OFFICE BUILDING, SHAHID BHAGAT SING MARG, MUMBAI 400001 MAHARASHTRA 3. THE EXECUTIVE DIRECTOR AND COMPETENT AUTHORITY DEPARTMENT OF REGULATION, RESERVE BANK OF INDIA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28446 WP No. 17044 of 2026 CENTRAL OFFICE, CENTRAL OFFICE BUILDING, SHAHID BHAGAT SING MARG, FOR MUMBAI MAHARASHTRA 400001 4. THE REGISTRAR OF CO OPERATIVE SOCIETIES GOVERNMENT OF KARNATAKA AT NO 1, ALI ASKAR ROAD, BENGALURU 560001 5. THE MANAGING DIRECTOR KARNATAKA STATE SOUHARDA FEDERAL CO OPERATIVE LTD, NO 68, MARGOSA ROAD, MALLESHWARAM BTW 17 AND 18 CROSS, BENGALURU 560055 6. THE LIQUIDATOR SHUSHRUTI SAHARA BANK NO 68, SHUSHRUTI NAGAR, ANDRAHALLI MAIN ROAD, PEENYA 2ND STAGE, BENGALURU 560091 7. SHUSHRUTI SOUHARDA SAHAKARA BANK NIYAMITHA REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, MS THANUJA G M W/O LATE NARAYANASWAMY NO 68, SHUSHRUTI NAGAR, ANDRAHALLI MAIN ROAD, PEENYA 2ND STAGE, BENGALURU 560091 8. SHUSHRUTI SOUHARDA SAHAKARA BANK NIYAMITHA REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, MS THANUJA G M W/O LATE NARAYANASWAMY NO 68, SHUSHRUTI NAGAR, ANDRAHALLI MAIN ROAD, PEENYA 2ND STAGE,BENGALURU 560091 …RESPONDENTS (BY SRI. SURESH H S., ADVOCATE FOR R1; SRI. PRADEEP.S., ADVOCATE FOR R2 & R3; SRI. SHAMANTH NAIK., HCGP FOR R4, 5 & 6; AS PER ORDER DATED R7 & R8 ARE DELETED) - 3 - HC-KAR NC: 2026:KHC:28446 WP No. 17044 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.6 TO CONSIDER THE REPRESENTATION DATED 09.03.2026 AS FOUND AT ANNEXURE- A FOR MEDICAL EXPENSES THE PETITIONER IS SUFFERING FROM CANCER AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri.H.S.Suresh Kumar., learned counsel is directed to accept notice for respondent No.1. 2. Sri. Pradeep S. Sawkar., learned counsel is directed to accept notice for respondents No.2 and 3. 3. Learned AGA accepts notice for respondents No.5 and 6. 4. Learned counsel for the petitioner has filed an memo to delete respondents No.7 and 8. The memo is accepted, Respondents No.7 and 8 are deleted from the array of parties. Learned counsel for the petitioner to carry out necessary endorsement in the cause title. 5. The petitioner is before this Court seeking for the following reliefs: i. To issue writ in the nature of Mandamus to the respondent No.6 to consider the representation dated 09.03.2026 as found at Annexure-A for medical expenses the petitioner is suffering from cancer. - 4 - HC-KAR NC: 2026:KHC:28446 WP No. 17044 of 2026 ii. To allow this writ petition and issue any other appropriate writ or direction or pass any other orders as this Hon'ble court deems fit to pass in the circumstances of the case, in the interest of justice and equity. 6. The submission of learned counsel for the petitioner is that a claim petition has been filed before the Special Officer and Government Authority in Claim Application No.25 on 10.10.2025 for seeking for release of the money held in the respondent No.5- Bank, which is under liquidation. 7. Despite the said application having been filed on 10.10.2025 and a representation having been submitted on 09.03.2026, the same has not been acted upon and no order has been passed is the submission. 8. Whenever any such representation or application is filed, it is but required for the liquidator to consider the said application and pass necessary orders within a reasonable period of time, either accepting or rejecting the request made. 9. In the present case, the application has been filed on 10.10.2025 and the representation has been submitted on 09.03.2026 are pending consideration till now the time period spent thereon cannot be said to be reasonable. Hence, this Court passes the following; - 5 - HC-KAR NC: 2026:KHC:28446 WP No. 17044 of 2026 ORDER i. The writ petition is allowed. ii. A mandamus is issued, respondents are directed to consider the representation submitted by the petitioner on 09.03.2026. iii. Respondent No.6 is directed to consider the representation dated 09.03.2026 submitted by the petitioner at Annexure-A and the application submitted on 10.10.2025 and pass necessary orders within a period of four weeks from the date of receipt of a Copy of this order. iv. It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 6