Kansa Properties LLP Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Kansa Properties LLP Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No relief of quashing granted; writ petition disposed of without adjudication on merits, with liberty reserved to both side parties to avail the efficacious remedy before the competent Court under the Act.

Issue for consideration

Whether the notification dated 20.06.2019 issued by respondent No.1 under S.3(2) of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, insofar as it concerns Sy.No.105 (old Sy.No.54) measuring 1 acre 26 guntas at Panathur Village, Varthur Hobli, Bangalore East Taluk, ought to be quashed in writ jurisdiction under Articles 226 and 227 of the Constitution of India, having regard to the availability of a remedy before the competent Court under the Act.

Court's answer

Taking note of the factual aspects on record and the impugned order, the Court held that the petitioner has an efficacious remedy before the competent Court under the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004.

Ratio / Principle

Without expressing any opinion on the merits of the case, the writ petition was disposed of, reserving liberty to both side parties to avail the efficacious remedy before the competent Court under the Act.

Detailed headnote1 paragraphs

Writ Petition (GM-RES) under Articles 226 and 227 of the Constitution of India filed by Kansa Properties LLP and two others challenging the notification dated 20.06.2019 issued by respondent No.1 (State of Karnataka) under S.3(2) of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, published on the Karnataka Gazette and in Kannada Prabha newspaper on 27.07.2019, insofar as it concerned property bearing Sy.No.105 (old Sy.No.54) measuring 1 acre 26 guntas at Panathur Village, Varthur Hobli, Bangalore East Taluk. Before the High Court of Karnataka at Bengaluru (E.S.Indiresh, J.), the Court took note of the factual aspects on record and the impugned order, held that the petitioner has an efficacious remedy before the competent Court under the Act, and without expressing any opinion on the merits disposed of the writ petition, reserving liberty to both side parties to avail that remedy. Order dated 18.11.2025; neutral citation NC: 2025:KHC:47242.

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NC: 2025:KHC:47242 WP No. 4869 of 2020

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.4869 OF 2020 (GM-RES)

BETWEEN:

KANSA PROPERTIES LLP HAVING OFFICE AT SK ARCADE, 3^RD FLOOR, NO.33/1, DODDA KANNALLI, CARMALARAM POST, SARJAPUR ROAD, BENGALURU -560 035, REPRESENTED HEREIN BY ITS MANAGING PARTNER, MR. SABU THOMAS.

MR. MUNIYAPPA SON OF MR. MUNIVERAPPA, AGED ABOUT 70 YEARS, RESIDING AT NO. 311, OLD POST OFFICE BUILDING, PANATHUR VILLAGE, PANATHUR POST, BANGALORE-560 103.

Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA

MR. ANANTHASWAMY

SON OF LATE MR. MUNIKAVERAPPA, AGED ABOUT 52 YEARS, RESIDING AT NO.311, OLD POST OFFICE BUILDING, PANATHUR VILLAGE,

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NC: 2025:KHC:47242 WP No. 4869 of 2020

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PANATHUR POST,

BENGALURU - 560 103.

…PETITIONERS

(BY SRI. SHARATH U.M., ADVOCATE FOR SRI. K.R. KRISHNAMURTHY, ADVOCATE)

AND:

THE STATE OF KARNATAKA REPRESENTED BY THE UNDER SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE (SPECIAL CELL) AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU-560 001.

THE ASSISTANT COMMISSIONER AND COMPETENT AUTHORITY (IN RESPECT OF M/S. DREAMZ INFRA INDIA PVT. LTD., M/S. GRUHA KALYAN PVT. LTD., M/S. TGS CONSTRUCTIONS PVT. LTD., AND OTHER ALLIED COMPANIES/ENTITIES) BENGALURU, SOUTH SUB-DIVISION, BENGALURU-560001.

…RESPONDENTS

(BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. VEERESH BUDIHAL, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 20.06.2019,

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NC: 2025:KHC:47242 WP No. 4869 of 2020

HC-KAR

PUBLISHED ON THE KARNATAKA GAZETTE, AND PUBLISHED IN KANNADA PRABHA NEWSPAPER ON 27.07.2019, ISSUED BY THE RESPONDENT NO.1 IN EXERCISE OF THE POWERS CONFERRED U/S 3(2) OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 2004 (AT ANNX-A) IN SO FAR AS THE PROPERTY BEARING SY.NO.105 (OLD SY.NO.54) MEASURING TO AN EXTENT OF 1 ACRE 26 GUNTAS, AT PANATHUR VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK IS CONCERNED; AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

In this writ petition, petitioner is assailing the Notification dated 20.06.2019 issued by respondent No.1 under S.3(2) of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (for short, the Act).

Having taken note of the factual aspects on record and the impugned order, I am of the view that, the petitioner is

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NC: 2025:KHC:47242 WP No. 4869 of 2020

HC-KAR

having efficacious remedy before the competent Court, under the Act.

In that view of the matter, without expressing any opinion on the merits of the case, the writ petition is accordingly disposed of, reserving liberty to both side parties to avail the remedy as stated above.

SD/(E.S.INDIRESH) JUDGE

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