Smt. Puttamadamma vs The State Of Karnataka
2022 Latest Caselaw 10235 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 04TH DAY OF JULY, 2022

                          BEFORE

     THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

        WRIT PETITION No.12995/2022 (S-RES)

BETWEEN:

SMT. PUTTAMADAMMA,
W/O PUTTASWAMY,
AGED ABOUT 67 YEARS,
RESIDING AT NO.369-C,
5TH CROSS, 5TH MAIN,
LAKSHMI ROAD,
NEAR JAIN TEMPLE, SHANTHI NAGAR,
BENGALURU - 560 027.
                                            ... PETITIONER

(BY SRI GURUNATH T.S., ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA,
       REPRESENTED BY ITS
       PRINCIPAL SECRETARY,
       FINANCE DEPARTMENT,
       VIDHANA SOUDHA,
       BENGALURU - 560 001.

2.     THE COMMISSIONER,
       COMMERCIAL TAX DEPARTMENT,
       GANDHI NAGAR, BENGALURU - 560 009.

3.     THE JOINT COMMISSIONER,
       COMMERCIAL TAX (LG-STO-81),
       3RD FLOOR, KIDB BUILDING,
       14TH CROSS, PENNYA 2ND STAGE,
       BENGALURU - 560 009.
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4.   THE ASSISTANT COMMISSIONER
     OF COMMERCIAL TAX,
     LOCAL GOODS AND SERVICE TAX 81,
     (LG STO 81), 2ND FLOOR,
     KIDB BUILDING, 14TH CROSS,
     PEENYA 2ND STAGE,
     BENGALURU - 560 058.

5.   SMT. K.B.SABITHA,
     W/O SRI. MAHADEV SINGH,
     R/AT NO.243, LEMON TREE HOUSE,
     10-C CROSS, WIDIA SCHOOL ROAD,
     HAVANUR LAYOUT, 8TH MILE,
     BAGALAGUNTE,
     NAGASANDRARA POST,
     BENGALURU - 560 073.

     ALSO WORKING ADDRESS
     SMT. K. B. SABITHA,
     WORKING AS TYPIST,
     THE ASSISTANT COMMISSIONER
     OF COMMERCIAL TAX,
     LOCAL GOODS AND SERVICE TAX 81
     (LG STO 81), 2ND FLOOR,
     KIDB BUILDING, 14TH CROSS,
     PEENYA 2ND STAGE,
     BENGALURU - 560 058.
                                         ... RESPONDENTS

(BY SRI.D.C.PARAMESHWARAIAH, HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
R-1 TO 4 NOT DISBURSES THE FURTHER SALARY AND THE
RETIREMENT SERVICE BENEFITS OF R-5 AS SHE IS RETIRING IN
THE MONTH OF SEPTEMBER 2022 AND CONSIDER THE
REPRESENTATION DATED 17.5.2022 VIDE ANNEXURE-D AND
ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:
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                          ORDER

After hearing the matter for sometime, it is noticed

that the petitioner has sought for issuance of mandamus

directing respondents No.1 to 4 not to disburse further

salary and retirement service benefit of respondent No.5

who is due to retire.

2. The facts made out in the petition is that the

petitioner has instituted proceedings against respondent

No.5 for the offence punishable under Section 138 of the

Negotiable Instruments Act in C.C.No.11178/2012 and after

the said matter culminated in the judgment, Execution

Petition No.548/2022 has been filed before the City Civil

Court (CCH-35) and C.Misc.No.1602/2022 has been filed

against respondent No.5 before the 19th ACMM, B'lore in

relation to recovery of an amount of Rs.6,50,000/-.

3. It comes out from the facts that the proceedings

before the Civil Court as well as the Criminal Court have

been initiated against respondent No.5 relating to recovery.

The relief sought for is not maintainable as there could be

no writ of mandamus passed directing respondents No.1 to

4 not to release the salary or the service benefit of

respondent No.5 as there has to be a pre-existing right of

the petitioner in the form of attachment or garnishee order

passed by an appropriate Forum. In the absence of order of

attachment or garnishee by the appropriate Court, question

of issuing writ of mandamus does not arise.

However, dismissal of the writ petition will not come in

the way of petitioner initiating appropriate proceedings

seeking for attachment of the retirement benefits of

respondent No.5 as is permissible under law.

Accordingly, petition is rejected at the admission stage

itself, subject to the observations made above.

Sd/-

JUDGE

PN