Sri. Nasreen Taj vs Hanumanthaiah
2022 Latest Caselaw 3590 Kant

                            1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3RD DAY OF MARCH, 2022

                         BEFORE

        THE HON' BLE MR. JUSTICE S.G. PANDIT

         WRIT PETITION No.1611/2022 (GM-AC)

BETWEEN:

SRI NASREEN TAJ
W/O LATE UBEDULLA
AGED ABOUT 55 YEARS
R/AT BEEDI ROLLING
WORK CHIKKAPETE ROAD
MADIPETE ROAD
TUMKUR DISTRICT-577101
                                          ...PETITIONER

(BY SRI M.B.RYAKHA, ADV.)


AND:

  1. HANUMANTHAIAH
     S/O ANJANAPPA
     AGED ABOUT 50 YEARS
     OWNER OF AUTO RIKDHA
     R/O OPPOSITE: H.M.S
     POLI TECHNIC
     JANATHA COLONY
     TUMKURU-577101.

  2. NEW INDIA ASSURANCE CO., LTD.,
     TUMKURU SHOPPING COMPLEX
     B.H. ROAD
     TUMKURU-577101
     REP. BY ITS BRANCH MANAGER.
                                        ...RESPONDENTS

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE
THE IMPUGNED ORDER DATED 14.11.2019 PASSED BY THE
FAST TRACK COURT NO.III AND ADDL.MACT AT TUMKURU IN
                                2


MVC NO.151/2007 VIDE ANNEXURE-G AND FURTHER PLEASED
ALLOW THE APPLICATION FILED BY THE PETITIONERS VIDE
ANNEXURE-E.

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

                        ORDER

The petitioner is before this Court under Article

226 of the Constitution of India praying to set aside the

impugned order dated 14.11.2019 passed in

MVC No.151/2007 on the file of the Fast Track Court

and Additional MACT, Tumkuru, by which the

petitioner's request for release of amount in fixed

deposit, is rejected on the ground that fixed deposit is in

pursuance to the direction of the High Court in MFA

No.7284/2010.

2. On a perusal of the writ petition papers, it is seen

that this Court while disposing of MFA No.7284/2010

by its judgment dated 12.07.2013 directed to keep 50%

of the compensation amount in fixed deposit in any

Nationalized /Schedule Bank for a period of 10 years.

3. The petitioner had filed interim application in the

above stated MFA requesting this Court to release 50%

of the amount in fixed deposit on the ground that the

son of the appellant was studying in II PUC. Taking into

consideration of the same, this Court ordered release of

Rs.58,926/- with accrued interest. Similarly it is open

for the petitioner in the present circumstance, also to

make or file appropriate application in the disposed of

MFA No.7284/2010.

With the above observation, this writ petition is

disposed of.

SD/-

JUDGE NG* CT:bms