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2026 DAILYLAW 35124 (KAR)

M/S SILK MANUFACTURING ASSOCIATION v. STATE OF KARNATAKA

WP/17140/2026 · 2026-08-11

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010372192026 NC: 2026:KHC:42342 WP No. 17140 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17140 OF 2026 (GM-KSR) BETWEEN: 1. M/S SILK MANUFACTURING ASSOCIATION HAVING ITS OFFICE AT NO.48, M.B.T. STREET, NAGARTHPET, BANGALORE - 560 002. (REPRESENTED BY ITS PRESIDENT/SECRETARY). 2. SRI R. RAMESH S/O LATE ESHWAR RAO, AGED ABOUT 58 YEARS, R/AT NO. 169/1, 7TH MAIN, 4TH CROSS, CHAMARAJPET, BANGALORE - 560 018. 3. SRI. M. SHANTILAL S/O LATE SRI MUNILALJI, AGED ABOUT 70 YEARS, RESIDING AT NO. 232/69, 33RD CROSS, 6TH MAIN ROAD, 4TH BLOCK, JAYANAGAR, BENGALURU – 560 011. 4. SMT. VIMALADEVI W/O SRI M. SHANTILAL, AGED ABOUT 67 YEARS, RESIDING AT NO. 232/69, 33RD CROSS, 6TH MAIN ROAD, 4TH BLOCK, JAYANAGAR, BENGALURU – 560 011. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010372192026 NC: 2026:KHC:42342 WP No. 17140 of 2026 5. SRI. JIGNESH S JAIN S/O. LATE., SRI SURESH KUMAR. S AGED ABOUT 43 YEARS, RESIDING AT NO. 4FB, 4TH FLOOR, HINAL HERITAGE NO. 27 AND 27/1, YAMUNA BAI ROAD, MADHAVNAGAR, BENGALURU – 560 001. …PETITIONERS (BY SRI. KIRAN S.JAVALI, SR. COUNSEL FOR SRI. PAVAN R JAVALI.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, K.G. ROAD,BANGALORE – 560 009. 3. THE TAHSILDAR BANGALORE NORTH TALUK, KANDAYA BHAVAN, KG ROAD,NEAR CAUVERY BHAVAN, AMBEDKAR VEEDHI, BANGALORE – 560 009 4. SRI B. UMASHANKAR S/O LATE BANASHETAPPA, AGED ABOUT 67 YEARS, R/AT NO. 43, SRI DEVARA DASIMHAIAH CROSS ROAD, MOHIDDIN SAB LANE, BANGALORE-560002. …RESPONDENTS (BY SRI. N.NAGARAJA, ADVOCATE FOR R4; SRI. DEVRAJ C.H., GA FOR R1 TO R3) - 3 - HC-KAR CNR: KAHC010372192026 NC: 2026:KHC:42342 WP No. 17140 of 2026 THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO-QUASHING THE SUBSEQUENT CONSEQUENTIAL NOTICE BEARING NO. M.S.C/RECOVERY/CR/06/2025-26 DATED 13.02.2026 ISSUED BY RESPONDENT NO. 3, IN ANNEXURE H, DIRECTING THE ATTACHMENT AND DISPOSSESSION OF THE SCHEDULE PROPERTY. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTION RESTRAINING THE RESPONDENTS FROM INTERFERING WITH THE PEACEFUL POSSESSION AND COMMERCIAL ACTIVITIES OF THE PETITIONERS IN THE PROPERTY SITUATED AT SITE NO. 48, M.B.T. ROAD, BANGALORE, EXCEPT BY FOLLOWING DUE PROCESS OF LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following relief/s: “(i) Issue a writ of certiorari or any other appropriate writ, order, or direction quashing the subsequent Consequential Notice bearing No. M.S.C/Recovery/CR/06/2025-26 dated 13.02.2026 issued by Respondent No. 3, in Annexure H, directing the attachment and dispossession of the Schedule Property; (ii) Issue a writ of mandamus or any other appropriate direction restraining the Respondents from interfering with the peaceful possession and commercial activities of the Petitioners in the property situated at Site No. 48, M.B.T. Road, Bangalore, except by following due process of law; - 4 - HC-KAR CNR: KAHC010372192026 NC: 2026:KHC:42342 WP No. 17140 of 2026 (iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.” 2. Essentially, what has been challenged is a notice initiating proceedings in terms of Annexure-H. 3. The submission of Sri Kiran S.Javali, learned senior counsel appearing for the petitioners is that there is no particular provision which has been mentioned in the said notice and it is not known as to on what basis the said proceedings have been initiated. 4. Learned AGA and also learned counsel for respondent No.4 submit that the action has been initiated in terms of the directions issued by this Court on 04.08.2025 in Crl.RP.No.506/2017, wherein, this Court has come to a conclusion that the sale of the property had been made in the name of Mysore Silk Manufacturers Association in the year 1957. However, a separate society by name of Silk Manufacturing Association was registered in the year 1999-2000, which is claiming a right over the subject - 5 - HC-KAR CNR: KAHC010372192026 NC: 2026:KHC:42342 WP No. 17140 of 2026 property and as such, this Court had directed the State Government to take necessary action. 5. When this Court has directed the concerned authorities to take necessary action, it is for the authorities to take action in terms of the applicable law by detailing out the provision under which the action is taken, issue necessary notice, and follow all the principles of administrative law. 6. In the present case, the notice at Annexure-H is as vague as it can be. 7. In that view of the matter, this Court passes the following order: ORDER a) The writ petition is allowed. b) The proceedings initiated in terms of the notice at Annexure-H dated 13.02.2026 are quashed. c) Respondent Nos.1 to 3 are directed to initiate appropriate action in terms of the appropriate provisions as directed by this Court on - 6 - HC-KAR CNR: KAHC010372192026 NC: 2026:KHC:42342 WP No. 17140 of 2026 04.08.2025 in Crl.RP.No.506/2017 within ten days from today. Sd/- (SURAJ GOVINDARAJ) JUDGE HA List No.: 1 Sl No.: 3