- 1 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 28886 OF 2026 (GM-RES) BETWEEN: 1. SRI. RAVINDRA K. HAVANNAVAR, S/O. LATE KUBERAPPA AGED ABOUT 72 YEARS RESIDING AT NO. A-102 GAANA RIDDI APARTMENT PADMA UPADHYA LAYOUT NAGADEVANAHALLI JNANABHARATHI POST BENGALURU - 560056. 2. SRI. H.B. RAVISHANKAR S/O. LATE C. BASAVARAJA URS, AGED 70 YEARS, RESIDING AT NO.102/3, 6TH MAIN, 20TH CROSS, CHBS LAYOUT, VIJAYANAGAR, BENGALURU - 560040. 3. SRI. MANJUNATHA R. DESHPANDE S/O. RAGHAVENDRA DESHPANDE AGED ABOUT 45 YEARS RESIDING AT NO. 7/57, 4TH CROSS BEML III STAGE, GATTIGERE RAJARAJESHWARI BENGALURU - 560098. 4. SRI. NAGABHUSHANA. K S/O. K. HANUMANTHA RAO - 2 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 AGED ABOUT 63 YEARS RESIDING AT NO. 128, DAVALAGIRI 6TH CROSS, 2ND MAIN 2ND STAGE, NANDINI LAYOUT, BENGALURU - 560059 5. SRI. SANJEEV KUMAR CHETTI S/O. AYYANNA CHETTI AGED ABOUT 51 YEARS RESIDING AT NO. 310, 7TH MAIN 14TH A MAIN, RPC LAYOUT VIJAYANAGAR 2ND STAGE BENGALURU - 560040 6. SMT. GEETHA SRIDHAR W/O. SRIDHAR, AGED ABOUT 55 YEARS RESIDING AT NO. 956, 9TH CROSS 17TH MAIN, WEST OF CHORD ROAD BENGALURU - 560086. 7. SMT. TAISY BEN W/O. LATE S.J. BENEDICT AGED ABOUT 76 YEARS RESIDING AT NO. 360, 8TH MAIN, 2ND STAGE, MALLESWARAM WEST BENGALURU - 560003 8. SMT. K.H. SHOBHA W/O. RAMESH T. KULKARNI AGED ABOUT 49 YEARS RESIDING AT NO. 81, TEACHERS COLONY NAGARABHAVI CIRCLE OPP. SBI, BENGALURU - 560072. 9. SMT. K.J. MANJULA DEVI - 3 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 D/O. K.H. JAYANNA AGED ABOUT 62 YEARS RESIDING AT NO. 543 C/O. PHANEENDRA BABU 7TH MAIN ROAD, VIJAYANAGAR BENGALURU - 560072. 10. SRI. T. MUKUNDA, S/O. LATE A. THIPPA REDDY AGED ABOUT 52 YEARS RESIDING AT NO. OPP. BED COLLEGE CHALLAKERE TOLL GATE CHITRADURGA-577501 11. SRI. VENUMADHAV KOUJALAGI, S/O. NARAYANA RAO KOUJALAGI AGED ABOUT 50 YEARS RESIDING AT NO. 199, APARTMENT NO. G-2, 4TH MAIN, 11TH CROSS, BEML LAYOUT BASAVESHWARNAGAR BENGALURU - 560079 12. SRI. P.R. PRADEEP KUMAR, S/O. P.N. RAMU AGED ABOUT 53 YEARS RESIDING AT NO. 1375, 2 ND CROSS CHAMUNDESHWARINAGAR MANDYA 571401. 13. SRI. M.S. SURESH S/O. SHANKARANARAYANAN AGED ABOUT 58 YEARS R/A NO. S-36,KIRLOSKAR COLONY 3 RD STAGE, 4TH BLOCK BASAVESHWARANAGAR BENGALURU - 560079 REPRESENTED BY GPA HOLDER T.S. RAJAN - 4 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 S/O. LATE R. SUBRAMANIAN AGED ABOUT 53 YEARS 14. SRI. T.G. NATESH S/O. LATE GOPALA GOWDA T.M. AGED ABOUT 43 YEARS RESIDING AT NO. 19, 5TH MAIN 1 ST CROSS, SHANKAR NAGAR MAHALAKSHMI LAYOUT BENGALURU - 560086 15. SRI. T. SRINIVAS S/O. LATE R. SUBRAMANIAN AGED ABOUT 56 YEARS RESIDING AT NO. S-36, KIRLOSKAR COLONY 3 RD STAGE, 4TH BLOCK BASAVESHWARANAGAR BENGALURU - 560056. 16. SRI. P.K. DHANAK SHIRUR S/O. KRISHNACHARYA DHANAK SHIRUR AGED ABOUT 59 YEARS RESIDING AT DHATHRI, NO. 21, 13TH MAIN, 9TH BLOCK NAGARABHAVI 2ND STAGE BENGALURU - 560072. 17. SMT. GEETHA RAVISHANKAR, W/O. H.B. RAVISHANKAR AGED 63 YEARS, RESIDING AT NO.102/3, 6TH MAIN, 20TH CROSS, CHBS LAYOUT, VIJAYANAGAR, BENGALURU - 560040. 18. SRI. MOHAN REDDY, S/O LATE M. THIMMA REDDY, AGED ABOUT 64 YEARS, RESIDING AT NO.124, 3RD MAIN ROAD, HVR LAYOUT, - 5 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 BENGALURU - 560079. 19. SMT. K.S. NALINI, W/O KRISHNA, AGED ABOUT 58 YEARS RESIDING AT NO.15 SRIKANTESHWARA NILAYA 1ST MAIN, 11TH A CROSS PRASHANTHNAGAR BENGALURU - 560 079. 20. SMT. PREMA, W/O H.N DEVARAJU AGED ABOUT 59 YEARS RESIDING AT NO.3/14, KALYANI, 15TH MAIN, 4TH BLOCK, NANDHINI LAYOUT, BENGALURU - 560096. 21. SMT. LALITHABAI, W/O SRI. B.K NAGESH RAO AGED ABOUT 52 YEARS, RESIDING AT NO.200, ALLAMA PRABHU ROAD GAVIPURAM EXTENSION NEAR KAMALA NURSING HOME, BENGALURU - 560 018. 22. SRI. D. YASHWANTH RAO S/O LATE DASHARATH RAO AGED ABOUT 47 YEARS RESIDING AT NO. A/15, 1ST CROSS 1ST FLOOR, GEF BLOCK, WEST OF CHORD ROAD, INDUSTRIAL TOWN, RAJAJINAGAR, BENGALURU-560 044. 23. SRI. NAGENDRA J. S/O LATE JOGAPPA AGED ABOUT 55 YEARS - 6 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 RESIDING AT NO.27/2, 1ST MAIN ROAD, PALACE GUTTAHALLI, BENGALURU - 560 003. 24. SMT. SUMALATHA RAIKAR, W/O SRI. A. RAIKAR AGED ABOUT 60 YEARS, RESIDING AT NO.10, 6TH CROSS, MALLESWARAM BENGALURU - 560 003. 25. SRI. UDAY NARAYANA RAO KOUJALGI, S/O. NARAYANA RAO KOUJALGI AGED ABOUT 61 YEARS, RESIDING AT NO. 10/6, GANESH NILAY, 13TH MAIN, 4E CROSS, GIRINAGAR, BENGALURU-560 050. 26. SRI. VENKATARAMANA. E S/O. E. SUNDAR RAO AGED ABOUT 56 YEARS RESIDING AT 62, 2ND FLOOR, LAKSHMINAGAR, OPP. SVK LAYOUT, BASAVESHWARANAGAR, 3RD STAGE, BENGALURU - 560079. 27. SMT. MAMATHA W/O SRI. MANJUNATH AGED 54 YEARS, R/AT NO.1633, 14TH CROSS, 1ST STAGE, CHANDRA LAYOUT, NAGARABHAVI, BENGALURU - 560072. 28. SMT. PRIYA DARSHINI BABAJI W/O ARUN KUMAR, AGED ABOUT 39 YEARS, RESIDING AT NO.363/1, 1ST A MAIN ROAD, UMASHANKAR NAGAR, RANEBENNUR, HAVERI DISTRICT. - 7 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 29. SRI. UMASHANKAR S/O RAVI KUMAR AGED ABOUT 50 YEARS, RESIDING AT NO.4, YESHWANTHAPURA MAIN ROAD, BIKASIPURA EXTENSION, BENGALURU. 30. SMT. SUDHAMANI, W/O SRI.K.R. SHANKAR, AGED ABOUT 51 YEARS, RESIDING AT KALLIGUNDI VILLAGE, BOGADI HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT. 31. SRI. N. NARASIMHALU, S/O SRIRAMULU NAIDU AGED 65 YEARS, RESIDING AT NO.4, 8TH CROSS, J.C. NAGAR, MAHALAKSHMIPURAM BENGALURU - 560086 32. SRI. K.V. PRASHANTH, AGED 55 YEARS, S/O K. VASUDEVA REDDY, NO. B-22,2ND MAIN, 4TH CROSS, KEB LAYOUT, BTM 1ST STAGE, BENGALURU-560 029 33. SRI. JOHN MATHEW, S/O V.V. JOHN AGED 50 YEARS, NO.84, 6TH CROSS, CAMBRIDGE LAYOUT, BENGALURU-560 008. 34. SRI. H.N. GOPALA KRISHNA, S/O LATE NARASIMHAIAH, AGED 60 YEARS, R/AT NO.3/14, (KALYANI) - 8 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 15TH MAIN, 4TH BLOCK, NANDINI LAYOUT, BENGALURU-560 095. 35. SRI. L. RAMESH, S/O LATE LAKSHMANA MURTHY, AGED 59 YEARS, NO. 291, 10TH MAIN, MANJUNATHA NAGARA BENGALURU-560 010. 36. SRI. B.C. DINESH S/O LATE CHANDRASHEKAR, NO. 2021, 12A CROSS, 2ND STAGE, VIJAYANAGAR, BANGALORE-560 040. 37. DR. S. VENUGOPAL, S/O SATHYANARAYANA AGED 56 YEARS, NO.2, FIRST CROSS, KARUNAJINAGAR, PUDUCHERRY - 605008. 38. SRI. SUMAN KALKERI, S/O KALKERI, AGED 52 YEARS, R/AT, NO.239, 10TH CROSS, NAGARABHAVI, BANGALORE-560 072. 39. SMT. SUJATHA DAS GUPTA, W/O DEVASHREE DAS AGED 55 YEARS, R/AT NO.4, 1ST CROSS, BINNY LAYOUT, 3RD STAGE, BEHIND ATTHIGUPPE, BANGALORE-560 040. 40. SRI. VINOD J. GOWDA, S/O S. JAYARAMAN, AGED 61 YEARS, R/AT NO. 279, 4TH CROSS, 80 FEET ROAD, R.M.V. 2ND STAGE, - 9 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 BENGALURU-560094. …PETITIONERS (BY SRI. ASHOK SESHAGIRI, ADVOCATE FOR SRI. T SESHAGIRI RAO.,ADVOCATE) AND: 1. THE COMPETENT AUTHORITY FOR M/S. TGS CONSTRUCTIONS PVT. LTD., ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVAN, K.G. ROAD, BENGALURU, 2ND FLOOR, BENGALURU - 560 009. 2. M/S. TGS CONSTRUCTIONS PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR, SMT. MANDEEP KAUR, NO.577/B, II FLOOR, OUTER RING ROAD, TEACHERS COLONY KORAMANGALA, NEAR SILK BOARD, BENGALURU - 560 034. 3. SMT. MANDEEP KAUR W/O. SACHIN NAIK, NO.577/B, II FLOOR, OUTER RING ROAD, TEACHERS COLONY KORAMANGALA, NEAR SILK BOARD, BENGALURU - 560 068. …RESPONDENTS (BY SRI. VEERESH R BUDIHAL.,ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 30.03.2023 PASSED BY THE XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-92), IN MISC. NO.438/2020, INSOFAR AS IT AFFECTS THE PETITIONERS - 10 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 RESPECTIVE SITES AND RIGHTS IN SY. NO.45/3 OF GIDDADAKONENAHALLI VILLAGE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: "a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the impugned order dated 30.03.2023 passed by the XCI Additional City Civil and Sessions Judge, Bengaluru (CCH-92), in Misc.No.438/2020, insofar as it affects the petitioners' respective sites and rights in Sy.No.45/3 of Giddadakonenahalli Village." 2. The petitioners who are the purchasers of sites under various registered sale deeds as articulated in paragraph No.7 of the writ petition are before this Court assailing the order dated 30.03.2022 passed in Misc.No.438/20201 by the XCI Additional City Civil and Sessions Judge, Bangalore (CCH- 92)2 (Annexure A to the writ petition), wherein the petition under Section 5(2) of the Karnataka Protection of Interest of 1 Hereinafter referred as to 'impugned order' 2 Hereinafter referred ad to 'Special Court' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 11 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 Depositors in Financial Establishments Act, 20043 has been allowed. 3. It is the case of the petitioners that the sites purchased by the petitioners from part of Survey No.45/3 of Giddadakonenahalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk. 4. Learned counsel for the petitioners submits that various sites holders had preferred appeals under Section 16 of the Act, assailing the impugned order and a Division Bench of this Court in the case of Asha. N and other V.s Competent Authority and others4 has allowed the said appeals, set aside the impugned order and remanded the matter to the Special Court for fresh consideration of the application filed under Section 5(2) of the Act. The order of a Division Bench reads as under: "1.We have heard the learned counsel for the appellants and the learned counsel appearing for the Competent Authority. 2. Learned counsel for the appellants submits that the order passed by the Special Court on the application filed by the Competent Authority under 3 Hereinafter referred as to 'Act' 4 MFA.No.1341/2026 DD 14.07.2026, NC: 2026:KHC:35649-DB Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 12 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 Section 5(2) of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (for short, "the KPIDFE Act"), is bad in law on various grounds. 3. It is contended that the application under Section 5(2) was filed after an inordinate delay. It is further contended that the appellants, who are the true owners of the property, were neither put on notice nor afforded an opportunity of hearing before the order was passed. 4. Learned counsel for the appellants submits that the appellants have serious contentions on facts to be raised in the matter and that the matter may be remanded for fresh consideration by the Special Court after hearing the appellants as well. 5. The learned counsel for the respondent-Competent Authority contends that the factum of the initial attachment was intimated to the public at large by way of a paper publication and that the interim order of attachment was also affixed to the property. It is further contended that, in terms of Section 12(3) of the KPIDFE Act, even if no notice is served, it is open to the affected parties to approach the Special Court and file their objections, if any. 6. Having considered the contentions advanced, we notice that this case involves disputed questions of fact and that this is a fit case where the question as to whether the interim attachment in respect of the appellants' property is to be made absolute requires consideration by the Special Court after putting the appellants on notice. 7. In the above view of the matter, the appeal is allowed. The impugned order is set aside. The application filed by the Competent Authority under Section 5(2) is remanded to the Special Court for fresh consideration. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 13 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 8. Without waiting for any further notice, the parties shall appear before the Special Court on 30.07.2026. 9. It is made clear that it is only in view of the special facts of the instant case, the disputed questions of fact which rises herein that the matter is being remanded for fresh consideration, and this order shall not be treated as a precedent in other cases. All contentions of the parties are left open." (emphasis supplied) 5. It is clear from the order of the Division Bench that the very same order has been set aside in the said appeal. 6. Although, it is the vehement contention of the learned counsel for respondent No.1 - the Competent Authority that the said orders have been passed in an appeal filed under Section 16 of the Act and the said reliefs ought not be granted in the present writ petition, having regard to the fact that, the very same impugned order has already been set aside by the Division Bench as noticed above, the relief sought for by the petitioners in the present writ petition merits consideration. 7. It is also the contention of the learned counsel for respondent No.1 that, there is inordinate delay in filing the present writ petition in as much as impugned order was passed Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 14 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 on 30.03.2022 whereas the present writ petition is filed on 07.09.2026. 8. Learned counsel for the petitioners submits that various site holders have already approached the Special Court and impleading applications filed by them are being allowed. 9. It is pertinent to notice that the Division Bench had noted the appellants therein who were similarly placed as the petitioners herein acquired right, title and interest in respect of the properties purchased by them and they had not been afforded an opportunity for hearing before the impugned order was passed. 10. In view of the aforementioned, having regard to the fact that the impugned order dated 30.03.2022 passed in Misc.No.438/2020 has already been set aside by the Division Bench in the case of Asha. N (supra), the question of once again setting aside the order does not arise. The application filed under Section 5(2) of the Act has already ordered to be re-considered. Hence, the petitioners herein are also relegated Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 15 - HC-KAR CNR: KAHC010628662026 NC: 2026:KHC:51589 WP No. 28886 of 2026 to the proceedings before the Special Court for seeking proper reliefs. 11. It is submitted that the proceedings before the Special Court are listed on 23.09.2026. Hence, the petitioners shall appear before the Special Court on 23.09.2026 without requirement of any further notice / intimation in that regard. The grievances as articulated by the petitioners shall also be adjudicated by the Special Court. 12. The writ petition is disposed of in the aforementioned terms. 13. All questions of the parties on merits of the mater are kept open to be decided by the Special Court. (C.M. POONACHA) JUDGE PNV - List No.: 1 Sl No.: 15 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA