Sri P Vijaya Sekhar v. State of Karnataka
Case brief
What is this about?
Writ petition challenging attachment of property allegedly funded by depositors of a finance company (Shreyas Finance). The Court examined the chain of funds and the Investigating Officer's communication to drop the property. The attachment was remitted for reconsideration excluding the petitioner's interest.
What did the court decide?
Matter remitted to the Under Secretary to Government, Revenue Department for orders dropping the petitioner's property from attachment within 12 weeks.
What the court decided
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WP No. 10161 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10161 OF 2020 (GM-RES)
BETWEEN:
- SRI. P. VIJAYA SEKHAR, AGED ABOUT 42 YEARS, S/O SRI. P. GOVINDA CHETTY, R/AT NO.800, 14TH CROSS, J.P.NAGAR, 1ST STAGE, BENGALURU – 560 078.
…PETITIONER
(BY SRI. SUBRAMANYA H.V., ADVOCATE)
AND:
- STATE OF KARNATAKA, REPRESENTED BY UNDER SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT (SPECIAL CELL),
Issues for consideration
3 issues framed by the court
Whether the purchased property in dispute was funded by depositors and liable for attachment under the Karnataka Protection of Interest of depositors in Financial Establishments Act, 2004.
Whether the Investigating Officer's communication to drop the property from attached properties requires the competent authority to exclude the petitioner's property.
Whether the petitioner is entitled to relief from forfeiture while the matter is under reconsideration.
Parties & counsel
- petitioner
P. VIJAYA SEKHAR
- respondent
STATE OF KARNATAKA REPRESENTED BY UNDER SECRETARY TO GOVERNMENT REVENUE DEPARTMENT SPECIAL CELL
- respondent
ASSISTANT COMMISSIONER AND COMPETENT AUTHORITY
- respondent
TAHSILDAR
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- WP/10161/2020
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