Karnataka High Court
The Hotel Industrialists Co Op ... vs State Of Karnataka on 14 February, 2023
Bench: M.Nagaprasanna
-1-
WP No. 911 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 911 OF 2023 (GM-RES)
BETWEEN:
1. THE HOTEL INDUSTRIALISTS CO-OP BANK LTD.
IS A CO-OPERATIVE BANK REGISTERED UNDER THE
CO-OPERATIVE SOCIETIES ACT AND IS ALSO
REGULATED BY RBI, AND HAVING ITS REGISTERED
OFFICE: AT "SAHAKARA SOURABHA" NO.234,
2ND CROSS, 4TH MAIN,
CHAMARAJAPET, BENGALURU - 560 018,
REPRESENTED BY ITS AUTHORISED OFFICER,
CHIEF EXECUTIVE OFFICER,
K. SHYAMASUNDARA AITHAL
...PETITIONER
(BY SRI. LOKESH K.V., ADVOCATE)
AND:
Digitally signed by 1. STATE OF KARNATAKA,
PADMAVATHI B K REPRESENTED BY ITS SECRETARY,
Location: HIGH
COURT OF HOME DEPARTMENT, VIDHANA SOUDHA,
KARNATAKA BANGALORE - 560 001.
2. THE CIRCLE INSPECTOR OF POLICE,
HIGH GROUND POLICE STATION,
MILLARS ROAD, VASANTH NAGAR ,
BANGALORE - 560 052.
LATE V.K. MOHAN,
S/O KALA POOJARY,
SINCE DECEASED REPRESENTED
-2-
WP No. 911 of 2023
BY HIS LEGAL HEIRS,
3. MRS. PREMA MOHAN,
W/O LATE V. K. MOHAN ,
AGED ABOUT 25 YEARS,
R/A NO.119, 6TH CROSS ROAD,
LOWER PALACE ORCHARDS,
SADASHIVANAGAR,
BANGALORE - 560 003.
4. MISS. SWATHI SHREE,
D/O LATE V.K. MOHAN,
AGED ABOUT 29 YEARS,
R/A NO.119, 6TH CROSS ROAD,
LOWER PALACE ORCHARDS,
SADASHIVANAGAR,
BANGALORE -560 003.
5. KUMAR PREM SAGAR,
S/O LATE V.K. MOHAN,
AGED ABOUT 25 YEARS,
R/A NO.119, 6TH CROSS ROAD,
LOWER PALACE ORCHARDS,
SADASHIVANAGAR,
BANGALORE - 560 003.
6. MR. MALLIKARJUNASWAMY C.,
S/O CHENNAMALLAPPA,
AGED ABOUT 61 YEARS,
NO.4/10, 'BRAMARAMBHA' CRESCENT ROAD,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI. M. VINOD KUMAR, AGA FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
-3-
WP No. 911 of 2023
A WRIT OF MANDAMUS TO R2 WHERE BY DIRECTING THE R2
TO GIVE NECESSARY ASSISTANCE TO THE PETITIONER TO
EXECUTE THE ORDER DATED 27.06.2022 PASSED BY THE
HONBLE 8TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
BANGALORE VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDER, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Lokesh K.V., learned counsel appearing for the
petitioner and Sri. Vinod Kumar M., the learned AGA appearing
for the respondents.
2. The petitioner is before this Court, seeking for the
following prayers:
"a. Direct the Respondent No.2 to consider the
representation given through letter dated
20.12.2022 vide Annuxure-B for necessary
assistance to the petitioner in execution of court
order dated 27.06.2022 passed by Hon'ble 8th
Additional Chief Metropolitan Magistrate
Bangalore. (Annexure - A).
b. Grant such other relief as deemed fit to this
Hon'ble Court in the facts and circumstances of the
case."
3. The learned counsel appearing for the petitioner
would submit that the issue in the lis stands covered by the
judgment rendered by a Co-ordinate Bench in the case of M/S
WP No. 911 of 2023
TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LTD.,
-VS- THE CIRCLE INSPECTOR OF POLICE AND ORS.1, the
Co-ordinate Bench has held as follows:
"The short grievance of the petitioner is as to
alleged non-cooperation of the jurisdictional police in
implementing the order dated 05.03.2020, operative
portion of which reads as under:
"ORDER
Petition is allowed with following terms.
1. Applicant/petitioner is entitled to take possession
of the schedule property towards satisfaction of
the creditors due.
2. Sri. KVL, Advocate and Authorized officer
submit that Sheristedar of this court may be
appointed as a Commissioner, in view of the
above, Sheristedar of this court is hereby
appointed as a Commissioner to deliver the
possession of the secured property to the
petitioner.
3. Police Inspector of Jurisdictional Police Station
is hereby directed to give necessary assistance
to the applicant/petitioner while taking
possession of the schedule property.
4. Applicant/petitioner shall bear the legal
expenses if any of the said police.
5. The petitioner is at liberty to break open the
lock after following due procedure of law in the
presence of the respectable persons."
2. Learned AGA on request having accepted
notice for the first respondent and notice to the rest is
W.P.No.19849 disposed on 09.12.2021
WP No. 911 of 2023
dispensed with as being unnecessary, submits that he
would instruct his client to look into the grievance of the
petitioner swiftly and in accordance with law. He also
submits that since the property in which the security
interest is created, is occupied by multiple persons, extra
police force needs be deployed, and therefore the
petitioner has to inform the police in advance; this is fair
enough.
In the above circumstances, this writ petition is
disposed off directing the first respondent to assist the
Shirastedar of the Court below in taking possession of
the subject property immediately after petitioner makes
the written request in that regard.
Non-compliance of this direction may result into
multiple adverse entries being made in the Service
Register of the police officials concerned.
Costs made easy."
4. In the light of the issue standing covered by the
judgment rendered by a Co-ordinate Bench and the facts being
undisputed, the petition stands disposed on the same terms.
Ordered accordingly.
Sd/-
JUDGE
JY
