Parveen Begum v. Managing Director
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.2679 OF 2021 (GM-POLICE)
BETWEEN :
PARVEEN BEGUM W/O LATE S.K.R. HUSSAIN AGED ABOUT 57 YEARS R/A 56/A, 1ST FLOOR 2ND CROSS, 3RD MAIN NEW KALASIPALYA EXTENSION
BANGALORE-560 002 …PETITIONER
(BY SHRI. SIRAJUDDIN AHMED, ADVOCATE OF M/S. SJ ASSOCIATES)
AND :
SECTOR 1, HSR LAYOUT BANGALORE-560 102
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT AGAINST THE R-3 DIRECTING TO RECOVER ALL THE BELONGINGS OF THE PETITIONER FROM THE R-1 AND 2 WORTH APPROXIMATELY 40 LAKHS AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Mr. Sirajuddin Ahmed, learned Advocate for petitioner submitted that petitioner was inducted as a tenant under second respondent through a Real Estate Agent Company called 'Nestaway Technologies Pvt. Ltd.', of which respondent No.1 is Managing Director. Petitioner had locked her premises for some time. Nestaway Technologies Pvt. Ltd., have opened the lock and taken away petitioner's belongings and kept in its godown. When contacted, the said Company has demanded five month's rent and the cost towards storage.
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Officer, J.P. Nagar Police Station to recover belongings of petitioner from respondents No. 1 and 2.
of filing a civil suit. Hence, petition is dismissed with liberty
to petitioner to avail the said remedy, if so advised.
No costs.
Sd/JUDGE
SPS
1 issue framed by the court
Whether a writ petition is maintainable to direct police to recover the tenant's belongings detained by a management company without going through civil courts.
PARVEEN BEGUM W/O LATE S.K.R. HUSSAIN
MANAGING DIRECTOR - NESTAWAY TECHNOLOGIES PVT. LTD.
Y.G. BHAT
SHO J.P. NAGAR
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court