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HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 8883 OF 2023 (GM-RES) C/W WRIT PETITION NO. 19291 OF 2022 (GM-RES) WRIT PETITION NO. 11276 OF 2023 (GM-RES)
IN WP No. 8883/2023 BETWEEN:
1. MR. HAREESHA M.R., AGED ABOUT 40 YEARS, R/AT MALLARABANAVADI, NELAMANGALA, BANGALORE RURAL - 562 123. 2. MR. SIDDAPPA, S/O BYLAPPA, AGED ABOUT 45 YEARS, R/AT NO.43, BYRAVESWARA NIVASA, PARVATHAPPA LAYOUT, NELAMANGALA, BANGALORE RURAL - 562 123. 3. MR. MOHAMED HASEEBULLA, AGED ABOUT 54 YEARS, S/O MOHAMED AZNATHULLA, R/AT NO.49, RUMMAN MANZIL,
Digitally signed by SUMA B N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
SOMAJI RAO LAYOUT, VIJAYANAGARA, SUBHASHNAGARA, NELAMANGALA, BANGALORE RURAL - 562 123. …PETITIONERS (BY SRI. VENUGOPAL., ADVOCATE (ABSENT)) AND:
1. THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA, HAVING ITS OFFICE AT 3rd FLOOR, B BLOCK, BMTC, SHANTHINAGAR, BANGALORE - 560 027. 2. THE KARNATAKA STATE CO OPERATIVE APEX BANK LTD., HAVING ITS OFFICE AT NO.1, "UDYUNGA", PAMPAMAHAKAVI ROAD, CHAMARAJPETE, BANGALORE - 560 018. REPRESENTED BY ITS AUTHORIZED SIGNATORY, SRI. ASWATHNARAYANA. 3. KANVA GARMENTS PVT. LTD., NO.861, KANVA SRI. SAI COMPLEX, WEST OF CHORD ROAD, 2nd STGAE, MODI HOSPITAL ROAD, BANGALORE - 560 086. REPRESENTED BY ITS DIRECTOR RESPONDENT NO.4, REGISTERED COMPANY. - 3 -
HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
4. SRI. N. NANJUNDAIAH, S/O LATE NARAYANAPPA, R/AT NO. A-308, ANDROMEDA BRIGADE GATEWAY, DR. RAJKUMAR ROAD, BANGALORE - 560 010. 5. SMT. N. PRAVEENA, WIFE OF N. NANJUNDAIAH, R/AT NO.A-308, ANDROMEDA BRIGADE GATEWAY, DR. RAJKUMAR ROAD, BANGALORE - 560 010. 6. SRI. VIJAY KUMAR, S/O SRI. K.V.RAMAREDDY, R/AT NO.A275, KANVANAGAR, KAMARAJANAHALLI, HULIKUNTE POST, TUMKUR DISTRICT - 572 129. 7. KANVA EDUCATIONAL TRUST, REPRESENTED BY ITS CHAIRMAN, MANJULA PURUSHOTHAM, AGED ABOUT 49 YEARS, R/AT NO.302, 6th MAIN ROAD, OPP. MLO CLUB MAHALAKSHMI LAYOUT, BANGALORE - 560 086. 8.
COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, REPRESENTED THROUGH THERE REPRESENTATIVE,
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HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
OFFICE AT: PRAGATI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI - 110 019. EMAIL:COUNCIL@CISCEORG. …RESPONDENTS (BY SMT.ANUPARNA BORDOLOI, ADVOCATE FOR R1;
SRI. THANISH C REDDY, ADVOCATE FOR SRI.ABHINAV RAMANAND, ADVOCATE FOR R2;
SRI.ABHISHEK KUMAR, ADVOCATE FOR R7)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R- 1 TO PERMIT THE R-2 TO AUCTION THE PROPERTY BEARING SY NO.106/2, 106/3 AND 106/4 TOTALLY MEASURING TO AN EXTENT OF 10 ACRES 16 GUNTAS OF CONVERTED LAND, SITUATED AT OORDIGERE VILLAGE, TUMKUR TALUK, TUMKUR AND RECOVER THE LOAN AMOUNT PENDING AS PER THE RECORDS OF THE R-2 AND ETC., IN WP NO. 19291/2022 BETWEEN:
1. KANVA EDUCATIONAL TRUST, REPRESENTED BY ITS CHAIRMAN, MANJULA PURUSHOTHAM, W/O K. PURUSHOTHAM, AGED 49 YEARS, R/AT NO.302, 6TH MAIN ROAD, OPP. MLO CLUB, MAHALAKSHMI LAYOUT, BANGALORE - 560 086. ...PETITIONER (BY SRI. V.B.RAVISHANKAR, ADVOCATE (ABSENT)) AND:
1. THE KARNATAKA STATE CO-OPERATIVE APEX BANK LTD.,
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HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
NO.1, "UYDUNGA", PAMPAMAHAKAVI ROAD, CHAMARAJPETE, BANGALORE - 560 018. BY ITS AUTHORIZED SIGNATORY, SRI. ASWATHNARAYANA. 2. KANVA GARMENTS PVT. LTD., NO.861, KANVA SRI SAI COMPLEX, WEST OF CHORD ROAD, 2ND STAGE, MODI HOSPITAL ROAD, BANGALORE - 560 086. REPRESENTED BY ITS DIRECTORS RESPONDENTS 3, 4 AND 5. 3. N. NANJUNDAIAH, S/O (LATE) NARAYANAPPA, R/AT NO.A308, ANDROMEDA, BRIGADE GATEWAY, DR. RAJKUMAR ROAD, BANGALORE - 560 010. 4. N. PRAVEENA, W/O SRI. N. NANJUNDAIAH, R/AT NO.A308, ANDROMEDA, BRIGADE GATEWAY, DR. RAJKUMAR ROAD, BANGALORE - 560 010. 5. VIJAY KUMAR, S/O SRI. K.C.RAMAREDDY, R/AT NO. A275, KANVANAGAR, KAMARAJANAHALLI, HULIKUNTE POST, TUMKURU DISTRICT - 572 129.
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HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
6. THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA, 3RD FLOOR, B BLOCK, BMTC, SHANTHINAGAR, K.H. ROAD, BANGALORE - 560 027. ...RESPONDENTS (BY SRI. THANISH C REDDY, ADVOCATE FOR SRI. ABHINAV RAMANAND A., ADVOCATE FOR R1;
SRI.SHREERAM T NAYAK, ADVOCATE FOR R3 AND R4;
R6 SERVED BUT UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER PASSED BY THE CHIEF JUDICIAL MAGISTRATE IN PETITION FILED BY THE R1 IN CRL.MIS.NO.632/2022 DATED 03.08.2022 VIDE ANNEXURE - A AND ETC., IN WP NO. 11276/2023 BETWEEN:
1. BHUMIKA L GOWDA, AGED 15 YEARS (MINOR), REP. BY HER GUARDIAN SMT. SHILPA L, AGED ABOUT 35 YEARS, A2-205, JANAPRIYA APARTMENTS, NELAMANGALA NEW TOWN, BENGALURU - 562 123. 2. KISHAN P.D., AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI. DINESHA KUMAR P.T., AGED ABOUT 47 YEARS,
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HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
SUBHASHNAGAR, NELAMANGALA, BENGALURU - 562 123. 3. PREETHAM B., AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI. BALARAJU K.C., AGED ABOUT 46 YEARS, NO.163, GUTTEPALYA, NELAMANGALA, BENGALURU - 562 123. 4. NIKHIL GOWDA G.R., AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI. RAMESH RAJU, AGED ABOUT 50 YEARS, GANESH GUDI, NELAMANGALA, BENGALURU - 562 123. 5. HRUTHVIK T.A., AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI. ASHOK T.G., AGED ABOUT 43 YEARS, KANVA NAGAR, NELAMANGALA, BANGALORE - 562 123. 6. PUNEETH GOWDA V.M., AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI. MAHESH V.H., AGED ABOUT 45 YEARS, VADERAHALLI, DASANAPURA, BENGALURU - 562 123. - 8 -
HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
7. MOHAMMED HUSSAIN PASHA, AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI. SHAMS TABREZ PASHA, AGED ABOUT 48 YEARS, NELAMANGALA, BENGALURU - 562 123. 8. LAKSHMINARAYANA K.M., AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI. N. MANJUNATH, AGED ABOUT 43 YEARS, KULUVANAHALLI, THYAMAGONDALU (H), NELAMANGALA (T), BENGALURU - 562 123. 9. KUSHAL GOWDA B, AGED 13 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI. BASAVARAJU, AGED ABOUT 46 YEARS, DHANOJIPALYA, NELAMANGALA TALUK, BENGALURU - 562 123. 10. BHAVANA H GOWDA, AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI. KANTHARAJ, AGED ABOUT 45 YEARS, DHANOJIPALYA, NELAMANGALA TALUK,
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HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
BENGALURU - 562 123. 11. MOHAN L, AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SMT. SUDHA, AGED ABOUT 41 YEARS, SIDDAGANGA LAYOUT, GANESH GUDI, NELAMANGALA, BENGALURU - 562 123. 12. VARSHITHA D.V., AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI.
VENKATESH, AGED ABOUT 50 YEARS, DODDERI, KULVANAHALLI, THYAMAGONDALU, BENGALURU - 562 123. 13. THANUSHREE M, AGED 9 YEARS (MINOR), REP. BY HER GUARDIAN SHRI. MARUTHI B.V., AGED ABOUT 39 YEARS, D NO.104, BINNAMANGALA, NEAR ANJINAYA TEMPLE, NELAMANGALA, BENGALURU - 562 123. 14. MOHAMMED RAYAN K, AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SMT. SHASHINA BEGUM, AGED ABOUT 43 YEARS,
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HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
EIDGA MOHALLA, ISLAMPURA, NELAMANGALA, BENGALURU - 562 123. 15. SHRIDEVIKA S BIRADAR, AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHAKUNTHALA S BIRADAR, AGED ABOUT 39 YEARS, WEAVERS COLONY, NELAMANGALA, BENGALURU - 562 123. 16. CHANDAN GOWDA G.R., AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SMT. MANGALAMMA, AGED ABOUT 35 YEARS, GURUVANAHALLI, NELAMANGALA TALUK, BENGALURU - 562 123. 17. VISHNU VAIBHAV, AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SMT. MANGALA GOWRI, AGED ABOUT 35 YEARS, NO.12, NEAR SOCIETY, NAGARUR, DASANAPURA, BENGALURU - 562 123. 18. VEDA S, AGED 15 YEARS (MINOR), REP. BY HER GUARDIAN SMT. VIDYALAKSHMI, AGED ABOUT 37 YEARS,
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HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
NO.131, MARUTHI LAYOUT, VAJARAHALLI, NELAMANGALA, BENGALURU - 562 123. 19. GOWTHAM SHETTY, AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI SURESH G, AGED ABOUT 40 YEARS, HULLEGOWDANAHALLI, DASANAPURA HOBLI, BENGALURU - 562 123. 20. JHANAVI V, AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI SURESH G, AGED ABOUT 40 YEARS, HIPPE ANJENAYA LAYOUT, ADEPETE, NELAMANGALA, BENGALURU - 562 123. 21. KUSHAL REDDY, AGED 13 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI. NARASIMHA REDDY, AGED ABOUT 41 YEARS, DHANOJIPALYA, NELAMANGALA, BENGALURU - 562 123. 22. SHASHANK GOWDA S.R., AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SMT.
CHANDRAKALA, AGED ABOUT 40 YEARS,
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HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
#E-250, LAKSHMIPURA ROAD, SIDDANAHOSHALLI, DASANAPURA (H), MADAVARA, BENGALURU - 562 123. 23. RAMYA S, AGED 15 YEARS (MINOR), REP. BY HER GUARDIAN, SMT. SHWETHA M.S., AGED 33 YEARS, VINAYAKA LAYOUT, DASANAPURA, BENGALURU - 562 123. 24. MOHAN L GOWDA, AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI. LAKSHMINARYANA GOWDA V.K., AGED 42 YEARS, VARDHANAYAKANAHALLI, NELAMANGALA, BENGALURU - 562 123. 25. CHAITRA P., AGED 14 YEARS (MINOR), REP. BY HIS GUARDIAN, SMT. SHOBHA Y.N., AGED ABOUT 43 YEARS, #556/13, JAKKASANDRA, NELAMANGALA, BENGALURU - 562 123. 26. JEEVITHA K.R., AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN,
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HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
SMT. LATHA, AGED 40 YEARS, H. KEMPALINGAHALLI, NELAMANGALA, BENGALURU - 562 123. 27. SAI SHIVANANDA J, AGED 15 YEARS (MINOR), REP. BY HIS GUARDIAN, SHRI. JAGADEESH P H, AGED 44 YEARS, BADAKANAPALYA, BENGALURU - 562 123. 28. DEEPASHREE, AGED 15 YEARS (MINOR), REP. BY HER GUARDIAN, SMT. BHAGYAMMA, AGED ABOU5 40 YEARS, DHANOJIPALYA, NELAMANGALA, BENGALURU - 562 123. 29. CHINMAYE A, AGED 15 YEARS (MINOR), REP. BY HER GUARDIAN, SHRI CHELUVANARAYANA, AGED ABOUT 72 YEARS, NEAR POST OFFICE MAIN ROAD, 2ND CROSS, NELAMANGALA, BENGALURU - 562 123. 30. ANAGHA K, AGED 15 YEARS (MINOR), REP. BY HER GUARDIAN,
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HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
SHRI. KIRAN KUMAR N.C., AGED ABOUT 44 YEARS, NEAR POST OFFICE MAIN ROAD, 2ND CROSS, NELAMANGALA, BENGALURU - 562 123. 31. NIREEKSHA P, AGED 13 YEARS (MINOR), REP. BY HER GUARDIAN, SMT. SUPRIYA S, AGED ABOUT 39 YEARS, KANVA NAGAR, DHANOJIPALYA, NELAMANGALA, BENGALURU - 562 123. ...PETITIONERS (BY SRI. ASHWIN G.RAJ., ADVOCATE (ABSENT)) AND:
1.
THE STATE OF KARNATAKA, DEPARTMENT OF EDUCATION, REPRESENTED BY ITS SECRETARY DEPARTMENT OF PRIMARY EDUCATION, M S BUILDING, VIDHANA VEEDHI, BENGALURU - 560 001. 2. THE COMMISSIONER, DEPARTMENT OF PRIMARY EDUCATION, NRUPATHUNGA ROAD, BENGALURU - 560 001. 3. BLOCK EDUCATION OFFICER, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, BANGALURE RURAL - 562 123. - 15 -
HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
4. THE STAE OF KARNATAKA, DEPARTMENT OF EDUCATION, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PRIMARY EDUCATION, M.S.BUILDING, VIDHANA VEEDHI, BANGALURU - 560 001. 5. THE COMMISSIONER, DEPARTMENT OF PRIMARY EDUCATION, NRUPATHUNGA ROAD, BENGALURU - 560 001. 6. BLOCK EDUCATION OFFICER, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123. 7. THE KARNATAKA STATE CO-OPERATIVE APEX BANK LTD., HAVING ITS OFFICE AT NO.1,
"UDYUNGA", PAMPAMAHAKAVI ROAD, CHAMRAJPETE, BANGALORE - 560 018. REP.BY ITS AUTHORIZED SIGNATORY ITS MANAGER, SRI. ASWATHNARAYANA. 8. KANVA EDUCATIONAL TRUST, REP. BY ITS CHAIRMAN, MANJULA PURUSHOTHAM, W/O K. PURUSHOTHAM, AGED ABOUT 49 YEARS, R/AT NO.302, 6TH MAIN ROAD, OPP. MLO CLUB, MAHALAKSHMI LAYOUT, BANGALORE - 560 086. - 16 -
HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
9. SMT. MANJULA PURUSHOTHAM, W/O K. PURUSHOTHAM, AGED ABOUT 51 YEARS, R/AT NO.302, 6TH MAIN ROAD, OPP. MLO CLUB, MAHALAKSHMI LAYOUT, BANGALORE - 560 086. 10. COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, REPRESENTED THROUGH ITS AUTHORISED PERSON, OFFICE AT: PRAGATI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI - 110 019. EMAIL:COUNCIL@CISCEORG.
...RESPONDENTS (BY SRI.SRINIVAS KUMAR M., HCGP FOR R1 TO R6;
SRI.RAVISHANKAR V.B., ADVOCATE FOR R7;
SRI.ABHISHANKAR V.B., ADVOCATE FOR R8 AND R9)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 AND R7 TO PERMIT THE R8 TO RUN THE INSTITUTION IN THE SAID PREMISES SCHOOL PROPERTY FOR THE CURRENT ACADAMIC YEAR OR TILL R1 AND R8 MAKE AN ALTERNATIVE ARRANGEMENT AND ETC.,
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
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HC-KAR NC: 2026:KHC:34085 WP No. 8883 of 2023 C/W WP No. 19291 of 2022 WP No. 11276 of 2023
ORAL ORDER These petitions have been filed being aggrieved by the steps taken by Respondent No.2 under the Provisions of SARFAESI Act, 2002. Since an efficacious alternative remedy under the Act is provided, reserving liberty to the petitioner to avail such remedy, if available and permitted, these petitions are disposed of. If such steps are taken within 30 days from the date of receipt of certified copy of this order, time consumed in prosecuting the petitions may be considered for the purpose of condonation of delay. Writ petitions are disposed of accordingly.
Sd/- (M.G.S. KAMAL) JUDGE
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