Disposed

Syed Idris v. State of Karnataka

Karnataka HC8 Sept 2021WP/15375/2021

Case brief

AI extract

What is this about?

Chief Judicial Magistrate (Respondent) disposed several writ petitions challenging a notification under the Karnataka Protection of Interest of Depositors Act by invoking the precedent of a similar earlier disposal granting liberty to approach the Special Court.

What did the court decide?

The writ petitions were disposed of with liberty to approach the Special Court and make appropriate application/objection in pending proceedings.

Syed Idris Vs State of Karnataka — Constitutional and Fundamental Rights | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S DIXIT

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W.P.No.15527/2021 (GM-RES)

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C/W

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W.P.NO.14662/2021 (GM-RES) W.P.NO.15354/2021 (GM-RES) W.P.NO.15359/2021 (GM-RES) W.P.NO.15375/2021 (GM-RES)

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IN W.P.No.15527/2021 (GM-RES)

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BETWEEN:

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SUFIYA SULTANA, W/O SIBGHATULLA SHARIFF, AGED ABOUT 52 YEARS, R/AT NO.66, MASJID STREET, VAYUNANDANA LAYOUT, KEMPAPURA, HEBBAL, BANGALORE NORTH, H.A.FARM, BANGALORE - 560 024.

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...PETITIONER

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(BY SRI. NAVEED AHMED, ADVOCATE)

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AND:

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STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001.

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STATE OF KARNATAKA REP. BY UNDER SECRETARY TO GOVERNMENT

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REVENUE DEPARTMENT (SPECIAL CELL) M.S. BUILDING, BANGALORE - 560 001.

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SPECIAL OFFICER & COMPETENT AUTHORITY IMA APPOINTED U/S 5 OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 2004 3^RD FLOOR, PODIUM BLOCK, V.V.TOWERS, DR. AMBEDKAR ROAD, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI SIRDHAR HEGDE, HCGP)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION ISSUED UNDER SECTION 3(2) OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT, 2004 DATED 06.7.2021 NO.RD 55 GRC 2020 PUBLISHED IN THE TIME OF INDIA, NEWSPAPER ON 28^TH JULY, 2021 BY THE 2^ND RESPONDENT VIDE ANNEXURE-A IN SO FAR AS THE PETITIONER AT SL.NO.30 IS CONCERNED AND ETC.,

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IN W.P.No.14662/2021 (GM-RES)

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BETWEEN:

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SYED INSHTIAQ AHMED S/O AKBAR SYED AGED ABOUT 67 YEARS R/AT NO.2, PAYAPPA GARDEN, TASKER TOWN, BANGALORE - 560 051. SENIOR CITIZEN BENEFIT IS NOT CLAIMED

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...PETITIONER

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(BY SRI. NAVEED AHMED, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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REP. BY ITS SECRETARY

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DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001.

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STATE OF KARNATAKA

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REP. BY UNDER SECRETARY TO GOVERNMENT REVENUE DEPARTMENT (SPECIAL CELL) M.S. BUILDING, BANGALORE - 560 001.

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SPECIAL OFFICER & COMPETENT AUTHORITY IMA APPOINTED U/S 5 OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 2004 3^RD FLOOR, PODIUM BLOCK, V.V.TOWERS, DR. AMBEDKAR ROAD, BENGALURU - 560 001.

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. …RESPONDENTS

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(BY SRI SIRDHAR HEGDE, HCGP)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION ISSUED UNDER SECTION 3(2) OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT, 2004 DATED 06.7.2021 PUBLISHED IN THE TIME OF INDIA, NEWSPAPER ON 28^TH JULY, 2021 BY THE 2^ND RESPONDENT VIDE ANNEXURE-A IN SO FAR AS THE PETITIONER AT SL.NO.79 IS CONCERNED AND ETC.,

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IN W.P.No.15354/2021 (GM-RES)

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BETWEEN:

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MAKKI STEELS A PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT NO.39, NEW GANGAMMA CHARI STREET MOTINAGAR, BANGALORE-560 002

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REP BY ITS PROPRIETOR MOHAMMED IMRAN AHMED

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...PETITIONER

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(BY SRI. NAVEED AHMED, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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REP. BY ITS SECRETARY DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001.

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STATE OF KARNATAKA

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REP. BY UNDER SECRETARY TO GOVERNMENT REVENUE DEPARTMENT (SPECIAL CELL) M.S. BUILDING, BANGALORE - 560 001.

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SPECIAL OFFICER & COMPETENT AUTHORITY IMA APPOINTED U/S 5 OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 2004 3^RD FLOOR, PODIUM BLOCK, V.V.TOWERS, DR. AMBEDKAR ROAD, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI SIRDHAR HEGDE, HCGP)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION ISSUED UNDER SECTION 3(2) OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT, 2004 DATED 06.7.2021 PUBLISHED IN THE TIME OF INDIA, NEWSPAPER ON 28^TH JULY, 2021 BY THE 2^ND RESPONDENT VIDE ANNEXURE-A IN SO FAR AS THE PETITIONER AT SL.NO.84 IS CONCERNED AND ETC.,

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IN W.P.No.15359/2021 (GM-RES)

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BETWEEN:

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UMME SALMA D/O LATE MOHAMMED MUSHTAQ AGED ABOUT 24 YEARS R/AT NO.11, 6^TH CROSS, NEW GURAPPANA PALYA BANGALORE SOUTH DHARMARAM COLLEGE BANGALORE - 560 029.

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...PETITIONER

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(BY SRI. NAVEED AHMED, ADVOCATE)

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AND:

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STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001.

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STATE OF KARNATAKA

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REP. BY UNDER SECRETARY TO GOVERNMENT REVENUE DEPARTMENT (SPECIAL CELL) M.S. BUILDING, BANGALORE - 560 001.

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SPECIAL OFFICER & COMPETENT AUTHORITY IMA APPOINTED U/S 5 OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 2004 3^RD FLOOR, PODIUM BLOCK, V.V.TOWERS, DR. AMBEDKAR ROAD, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI SIRDHAR HEGDE, HCGP)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

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IMPUGNED NOTIFICATION ISSUED UNDER SECTION 3(2) OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT, 2004 DATED 06.7.2021 PUBLISHED IN THE TIME OF INDIA, NEWSPAPER ON 28^TH JULY, 2021 BY THE 2^ND RESPONDENT VIDE ANNEXURE-A IN SO FAR AS THE PETITIONER AT SL.NO.21 IS CONCERNED AND ETC.,

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IN W.P.No.15375/2021 (GM-RES)

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BETWEEN:

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SYED IDRIS S/O SYED ABBAS AGED ABOUT 67 YEARS NO.31, R.V.ROAD, BASAVANAGUDI BANGALORE SOUTH, BANGALORE-560 004

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...PETITIONER

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(BY SRI. NAVEED AHMED, ADVOCATE)

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AND:

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STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001.

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STATE OF KARNATAKA REP. BY UNDER SECRETARY TO GOVERNMENT REVENUE DEPARTMENT (SPECIAL CELL) M.S. BUILDING, BANGALORE - 560 001.

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SPECIAL OFFICER & COMPETENT AUTHORITY IMA APPOINTED U/S 5 OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 2004 3^RD FLOOR, PODIUM BLOCK, V.V.TOWERS, DR. AMBEDKAR ROAD, BENGALURU - 560 001.

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…RESPONDENTS (BY SRI SIRDHAR HEGDE, HCGP)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION ISSUED UNDER SECTION 3(2) OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT, 2004 DATED 06.7.2021 PUBLISHED IN THE TIME OF INDIA, NEWSPAPER ON 28^TH JULY, 2021 BY THE 2^ND RESPONDENT VIDE ANNEXURE-A IN SO FAR AS THE PETITIONER AT SL.NO.63 IS CONCERNED AND ETC.,

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THESE WPs COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The subject matter of these writ petitions is substantially similar to the one in W.P.No.13572/2021 between CANARA BANK Vs. STATE & OTHERS, disposed off by this Court on 30.08.2021, wherein the operative portion of the order reads as under:

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“In the above circumstances, this writ petition is disposed off reserving liberty to the petitioner to approach the Special Court and make appropriate application/Objection in the pending proceedings to secure its interest.

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If such an application is moved or Objection is registered, the petitioner and other stakeholders shall be heard in the matter.”

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The Division Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed off on

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11.12.1974, has held that the Court should treat the likecases alike and if relief is granted to a litigant it has to be extended to similarly circumstanced litigants as well, there being no derogatory circumstances.

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In the above circumstances, these writ petitions are also disposed off with the same relief to the petitioner as has been granted in the cognate writ petition, supra.

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All contentions are kept open.

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No costs.

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Sd/JUDGE

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Syed Idris v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Syed Idris v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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