VIJAYAKUMAR MALLIKARJUN DONI vs THE STATE OF KARNATAKA AND ORS
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11464
WP No. 200353 of 2022
CNR: KAHC030006192022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 200353 OF 2022 (KLR-RES)
BETWEEN:
VIJAYAKUMAR MALLIKARJUN DONI
AGE: 51 YEARS, OCC: BUSINESS,
R/O MUKUND NAGAR,
STATION ROAD, VIJAYAPURA
NOW AT HOTEL KANISHKA, STATION ROAD
VIJAYAPURA-586101
…PETITIONER
(BY SRI D P AMBEKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS UNDER SECRETARY (SPECIAL CELL)
DEPARTMENT OF REVENUE,
M.S BUILDING,
BENGALURU-560001
2. THE REGISTRAR OF CO-OPERATIVE
NO.1, ALI ASKAR ROAD
BENGALURU-560052
3. THE DEPUTY COMMISSIONER
VIJAYAPURA DISTRICT
VIJAYAPURA-586101
4. THE TAHASILDAR
VIJAYAPURA
Digitally
signed by
SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA
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TQ AND DIST: VIJAYAPURA-586101
5.
THE SUB-REGISTRAR
VIJAYAPURA
TQ AND DIST: VIJAYAPURA-586101
6.
EKNATH @ E N DHAGE
S/O NAMDEV DHAGE
AGE: ABOUT 53 YEARS
OCC: NOT KNOWN
R/O KANNALA VILLAGE
TQ: AND DIST: VIJAYAPURA
NOW AT AHERI VILLAGE
TQ AND DIST VIJAYAPURA-586101
…RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R5;
R6 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT,
ORDER OR DIRECTION IN NATURE OF CERTIORARI QUASHING
ANNEXURE-B VIZ, THE ORDER DATED 07.04.2016 BEARING
NO.RCS/D-4/DIS/SOUHARDA/1034/2015-16 PASSED BY THE
RESPONDENT NO.2; B) ISSUE A WRIT, ORDER OR DIRECTION
IN NATURE OF CERTIORARI QUASHING THE ANNEXURE-F VIZ,
THE NOTIFICATION DATED 20.06.2019 BEARING NO.RD 18
GRC 2017 PASSED BY THE RESPONDENT NO.1 HEREIN
PUBLISHED ON 11.10.2019 IN VIJAYAVANI KANNADA DAILY
NEWSPAPER VIJAYAPURA EDITION, IN SO FAR AS IT PERTAINS
TO THE PROPERTIES AT SL NO.1 IN ANNEXURE-A, VIZ,
SY.NO.61/1 MEASURING 07 ACRES 29 GUNTAS AND
SY.NO.61/2 MEASURING 05 ACRES 29 GUNTAS, BOTH
SITUATE AT KANNAL VILLAGE, TQ. & DIST: VIJAYAPURA; C)
SUCH FURTHER OR OTHER RELIEFS BE GRANTED TO WHICH
THE PETITIONER WOULD BE FOUND ENTITLED TO ON THE
FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-K:11464
WP No. 200353 of 2022
CNR: KAHC030006192022
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This writ petition is filed seeking following prayers:
“a) Issue a writ, order or direction in nature of
certiorari quashing Annexure-B viz, the order dated
07.04.2016 bearing No.RCS/D-
4/DIS/SOUHARDA/1034/2015-16 passed by the
respondent No.2;
b) Issue a writ, order or direction in nature of
certiorari quashing the Annexure-F viz, the
Notification dated 20.06.2019 bearing No.RD 18 GRC
2017 passed by the respondent No.1 herein
published on 11.10.2019 in Vijayavani Kannada daily
newspaper Vijayapura edition, in so far as it pertains
to the properties at Sl No.1 in Annexure-A, viz,
Sy.No.61/1 measuring 07 acres 29 guntas and
Sy.No.61/2 measuring 05 acres 29 guntas, both
situate at Kannal village, Tq. & dist: Vijayapura;
c) Such further or other reliefs be granted to which
the petitioner would be found entitled to on the facts
and circumstances of the case.”
2. Sri D.P. Ambekar, learned counsel appearing for
the petitioner submits that the petitioner has purchased
two extents of land from the respondent No.6 under the
registered sale deed dated 21.09.2015. The respondent
No.1 issued the impugned attachment order on
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WP No. 200353 of 2022
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07.04.2016. A notification dated 20.06.2019 passed by
respondent No.1 was published in the newspaper on
11.10.2019 wherein various properties of M/s. Sevel Hills
Souharda Sahakara Co-Operative Pvt. Ltd. have been
attached. The notification includes the property purchased
by the petitioner. It is further submitted that the
respondent No.6 was one of the Directors of the said
defunct society. However, the respondent No.1, without
verifying the fact that as on the date of attachment, the
property was not standing in the name of respondent No.6
nor in the name of the defunct society. Hence, attachment
is liable to be set aside. It is also further submitted that
the competent authority, under the provisions of the
Karnataka Protection of Interest of Depositors in Financial
Establishments Act, 2004 (hereinafter referred to as the
‘KPID Act’ for short) has not sought for the attachment
absolute as required under Section 5(2) of the KPID Act.
Since, the proceedings initiated by the competent
authority has been dismissed by the Special Court and
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thereafter no steps have been taken, hence, he seeks to
allow this writ petition.
3. Learned Additional Government Advocate
appearing for the respondent Nos.1 to 5 seeks to support
the order of attachment and submits that the competent
authority had filed an application seeking for making the
attachment absolute. However, it appears that the said
application is dismissed for non-prosecution and they may
file an application for restoration of the proceedings.
Hence, he seeks to dismiss the petition.
4. I have heard the arguments of the learned
counsel for the petitioner and learned Additional
Government Advocate appearing for the respondent Nos.1
to 5. There is no representation for the respondent No.6.
5. The petitioner purchased land measuring 7
acres 29 guntas in Sy.No.61/1 and land measuring 5 acres
29 guntas in Sy.No.61/2 of Kannal Village of Vijayappura
Taluk and District from the respondent No.6 under a
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registered sale deed dated 21.09.2015. The material on
record indicate that the respondent No.6 was the Director
of M/s. Seven Hills Souharda Sahakara Co-operative Pvt.
Ltd., Maloor Town, Maloor Taluk. The respondent No.1, by
exercising power under Section 3 of the KPID Act, issued
the Provisional Attachment Order on 07.04.2026 as per
Annexure-B, which was published on 11.10.2019 as per
Annexure-F, wherein the various properties of the
defaulting Souharda Co-operative Private Limited and its
Directors have been attached. It is to be noticed that on
the date of attachment the subject property was not
available either with the Director - respondent No.6 or
with the Souharda Co-operative Private Limited and on the
date of attachment the petitioner was the absolute owner
of the property which is subject matter of the writ petition.
6. Be that as it may, the competent authority
appointed under Section 5 of the KPID Act filed a petition
under Section 5(2) of the KPID Act before the Special
Court seeking prayer to confirm the provisional
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attachment issued under Section 3 of the KPID Act by
making it absolute. It is to be noticed that the proceedings
initiated by the competent authority i.e. the Assistant
Commissioner, Vijayapura in Misc.No.379 of 2019 came to
be dismissed for non-prosecution on 10.02.2021. It is to
be noticed that the impugned notification has ended
without making the provisional attachment as absolute.
Hence, I am of the considered view that without going into
the other contentions raised by the petitioner, the
impugned provisional attachment at Annexure-B and F to
the writ petition are required to be quashed insofar as the
petitioner's properties are concerned.
7. Hence, I proceed to pass the following:
ORDER
allowed
(i) The Writ Petition is .
(ii) A writ of certiorari is issued by quashing
order dated 07.04.2016 passed by the
respondent No.2 and notification dated
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WP No. 200353 of 2022
CNR: KAHC030006192022
20.06.2019 passed by respondent No.1
published in Vijayavani Kannada Daily
newspaper, Vijayapura edition, insofar as
petitioner's properties bearing Sy.No.61/1
measuring 7 acres 29 guntas and
Sy.No.61/2 measuring 5 acres 29 guntas of
Kannal Village, Vijayapura taluk and district
are concerned.
(iii) Consequential entry in the encumbrance
certificate with regard to the property is
also set aside and a direction is issued to
the jurisdictional Sub-Registrar to remove
the said encumbrance.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
SWK
List No.: 1 Sl No.: 44