The High Court of Karnataka granted the petitioner two weeks of protection against eviction/dispossession pending his approach to the Competent Authority, without finally disposing of the writ petition.
Grant of two weeks protection against dispossession pending approach to Competent Authority.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24108 OF 2023 (GM-RES)
BETWEEN:
MR. ABDUL RAHMAN BAIG, S/O OBEDULLA BAIG, AGED ABOUT 37 YEARS, R/AT NO.301, 3RD FLOOR, CRESENT HEIGHTS, AMC LAYOUT, BENGALURU - 560 032.
…PETITIONER
(BY SRI. SOMASHEKARA K.H, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
NEAR HANIFA MASZID, KUSHAL NAGAR, BENGALURU - 560 045.
…RESPONDENTS
(BY SRI. VENKATESH DALAWAI, ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE R1 WHICH ULTIMATELY RESULTED IN THE ISSUANCE OF IMPUGNED NOTICE AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question the notice dated 20.10.2023 issued by respondent No.1 pursuant to the confirmation of the order of attachment of the property.
NC: 2023:KHC:39899 WP No. 24108 of 2023
comes about on 31.01.2019 and the sale of the subject property is on 04.02.2019 long after the order of attachment.
appearing for respondent No.1 submits that the Rule-6 comes in the way of any order to be passed by this Court.
the petitioner, if not already dispossessed as on today for a period of two weeks form the date of receipt of copy of this order.
NC: 2023:KHC:39899 WP No. 24108 of 2023
protected the petitioner for a period of two weeks, it is not binding upon the concerned Court to grant any protection.
The application filed if any, shall be considered on its
own merit.
Sd/JUDGE
JS List No.: 1 Sl No.: 29 CT: BHK
1 issue framed by the court
Whether to grant interim protection to the petitioner facing attachment notice.
Mr. Abdul Rahman Baig
The Joint Secretary and Competent Authority, M/s Ambidant Marketing Pvt. Ltd.
Mrs. Sabira Begum
Mrs. Nabeela Begum
M. Nagaprashanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
