Karnataka High Court
The National Co-Operative Bank Limited vs The Circle Inspector Of Police on 22 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:15976
WP No. 11543 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 11543 OF 2024 (GM-RES)
BETWEEN:
1. THE NATIONAL CO-OPERATIVE BANK LIMITED
BANASWADI BRANCH
AT NO. 45/81,
B CHANSANDRA MAIN ROAD,
(NEXT TO S.R.R KALYANA MANTAPA)
KASTURI NAGAR
BENGALURU - 560 043
ADMINISTRATIVE OFFICE AT
NO. 73/1, GANDHI BAZAR MAIN ROAD,
BENGALURU - 560 004
REPRESENTED BY ITS AUTHORISED OFFICER
MR. RAMESH M.V.,
...PETITIONER
(BY SRI. LOKESH K.V., ADVOCATE)
Digitally signed
by NAGAVENI
Location: HIGH AND:
COURT OF
KARNATAKA
1. THE CIRCLE INSPECTOR OF POLICE
RAMAMURTHYNAGAR POLICE STATION
BENGALURU - 560 060.
2. MR. RAMANJINI K.,
S/O KRISHNAPPA
RESIDING AT NO. 341,
4TH MAIN, OMBR LAYOUT
DODDA BANASWADI
BENGALURU - 560 043.
-2-
NC: 2024:KHC:15976
WP No. 11543 of 2024
3. MRS. GOWRAMMA
W/O RAMANJINI K.,
RESIDING AT NO. 341,
4TH MAIN, OMBR LAYOUT
DODDA BANASWADI
BENGALURU - 560 043.
...RESPONDENTS
(BY SMT.NAVYA SHEKHAR, AGA FOR R-1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS TO R1
TO GIVE NECESSARY ASSISTANT TO THE PETITIONER TO
EXECUTE THE ORDER PASSED BY HONBLE 10TH ACMM AT
BANGALORE DTD 16.01.2019 VIDE ANNEXURE-A.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel Sri. K.V.Lokesh, appearing for
petitioner and Smt. Navya Shekhar, learned Additional
Government Advocate appearing for respondent No.1.
2. The petitioner is before this Court, seeking the
following prayer:
"a. Issue a Writ of Certiorari by issuing directions to
Respondent No.1 to give necessary assistance to
the Petitioner to execute the Order passed by
Hon'ble 10th ACMM at Bangalore in
C.Misc.No.50443/2018 dated 16.01.2019 vide
ANNUXURE - A
b. Grant such other relief as deemed fit to this
Hon'ble Court in the facts and circumstances of
the case."
NC: 2024:KHC:15976
3. Learned counsel appearing for the petitioner would
submit that the issue in the lis stands covered by the judgment
rendered by the Co-ordinate Bench of this Court in
W.P.No.19849/2021 disposed on 09.12.2021, wherein it 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 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
NC: 2024:KHC:15976
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 Sheristedar 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
judgment rendered by the Co-ordinate Bench, this petition
stands disposed on the same terms. The 1st respondent is
directed to assist the Court Commissioner in taking possession
of the subject property.
Sd/-
JUDGE
BKP
