Karnataka High Court
Sri. M. Kumaraswamy Raju vs Regional Commissioner on 13 June, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:20218
WP No. 8767 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 8767 OF 2023 (GM-RES)
BETWEEN:
1. SRI. M KUMARASWAMY RAJU,
S/O SRI. M.N VENKATARAMARAJU,
AGED ABOUT 65 YEARS,
RESIDING AT NO. 136,
3RD MAIN, 3RD CROSS,
DOLLARS LAYOUT,
J.P NAGAR 4TH PHASE,
BANGALORE - 560 078..
2. M/S AXIS CONCEPT
CONSTRUCTIONS PVT. LTD.,
A COMPANY INCORPORATED
Digitally
signed by UNDER COMPANIES ACT, 1956,
CHETAN B HAVING ITS REGISTERED OFFICEJ AT
C
Location:
NO.555, 'AXIS PADEGAL',
HIGH 9TH CROSS, NEAR SONY CENTRE,
COURT OF
KARNATAKA BANGALORE - 560 078.
REPRESENTED BY ITS
MANAGING DIRECTOR,
R. HARISH BABU,
AGED ABOUT 48 YEARS,
S/O LATE SRI. RAMARAJU.
...PETITIONERS
(BY SRI. VIVEKANANDA H S, ADVOCATE)
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WP No. 8767 of 2023
AND:
1. REGIONAL COMMISSIONER,
BANGALORE DIVISION AND
NODAL OFFICER,
OFFICE OF EX-OFFICIO
SECRETARY (ECONOMIC OFFENCES),
2ND FLOOR, BMTC BUILDING,
K.H. ROAD, SHANTINAGAR,
BANGALORE - 560 027.
2. ADDITIONAL REGIONAL COMMISSIONER,
OFFICE OF REGIONAL COMMISSIONER,
BANGALORE AND COMPETENT AUTHORITY,
M/S. TGS CONSTRUCTIONS PVT. LTD.,
2ND FLOOR, BMTC BUILDING,
K.H. ROAD, SHANTINAGAR,
BANGALORE - 560 027.
3. STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT,
M.S. BUILDING,
BENGALURU - 560 001.
4. TAHASILDAR,
BANGALORE SOUTH TALUK,
BANGALORE DISTIRCT - 560 009.
...RESPONDENTS
(BY SRI. B V KRISHNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASHING THE IMPUGNED NOTIFICATION DATED 20.06.2019
VIDE ANNX-W PASSED BY THE R-3 IN SO FAR AS ENTRY 20 OF
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WP No. 8767 of 2023
THE NOTIFICATION INVOLVING THE SCHEDULE PROPERTY IS
CONCERNED, AND ALL SUBSEQUENT ACTIONS AND ACT
THERETO AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The grievance of the petitioner is as to the order
attaching the property in question. This Attachment Order
has been made by the Regional Commissioner in exercise
of power reading under Section 3 of the Karnataka
Protection Of Interest Of Depositors In Financial
Establishments Act, 2004. Learned counsel for the
Petitioner argues that such an attachment order could not
have been casually passed, right to property having been
constitutionally guaranteed under Article 300-A. He urges
other points also.
2. Learned Additional Government Advocate
appearing for the respondents points out that an alternate
& efficacious remedy is provided under Section 12(3) of
2004 Act and that can be availed even by one who is not a
party to nomine party to the original proceedings. Such a
NC: 2023:KHC:20218
WP No. 8767 of 2023
view is already taken by this Court in a catena of
decisions, as rightly submitted by the learned Additional
Government Advocate.
In view of the above, the Writ Petition is disposed off
permitting the Petitioner to file an application for raising
the attachment, if grounds do exist therefor; if such an
application is made, the learned Judge of the Special Court
is requested to hear & dispose of the same within an outer
limit of six weeks from the date a copy of this judgment is
handed excluding the period of adjournment secured by
the petitioner.
All contentions are kept open.
No costs.
Sd/-
JUDGE
SNC
CT: BHK
