SRI.KEMPASIDDAIAH @ KEMPASIDDAIAH SWAMY vs. THE STATE OF KARNATAKA

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 23rd DAY OF NOVEMBER 2021 BEFORE THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA W.P.No.108636/2019 (GM-DRT) BETWEEN

SRI.KEMPASIDDAIAH @ KEMPASIDDAIAH SWAMY AGE: 70 YEARS,OCC: AGRICULTURE, R/O: KESHLAPUR,HALAVAGAL POST, TQ: KOPPAL, DIST: KOPPAL. ...PETITIONER (By Sri.M.A.RAJENDRA, ADV.)

AND

1 . THE STATE OF KARNATAKA BY ITS SECRETARY TO REVENUE DEPARTMENT, VIDHANA VEEDHI,BENGALURU-1.

2 . PRAGATHI GRAMEEN BANK BRANCH KOPPAL, REPRESENTED BY ITS BRANCH MANAGER, KOPPAL, DIST: KOPPAL.

3 . THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL-1, LIC JEEVAN MANGAL BUILDING, 2ND FLOOR, NO.4,RESIDENCY ROAD, BENGLAURU-25.

4 . SHREE. HANUMANTAPPAPUJAR S/O SRI. GOVINDAPPA,

: 2 : R/O: KESHALAPUR, HALAVAGAL POST, TQ: KOPPAL,DIST: KOPPAL.

5 . SHREE. GURUMURTHY S/O SRI.SALONKE SWAMY INAMDAR, R/O: KESHLAPUR,HALAVAGAL POST, TQ: KOPPAL,DIST KOPPAL.

6 . SHREE UMESHAPPA KALLALLI R/O: KESHLAPUR,HALAVAGAL POST, TQ: KOPPAL,DIST KOPPAL. ….RESPONDENTS (By Sri.A.P.KAMOJI, ADV. FOR R2; NOTICE TO R1, R3, R4, R5 & R6 SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. QUASH THE IMPUGNED NOTICE DATED 06.03.2019 BEARING NO.DRC 9329 ISSUED BY THE RESPONDENT NO.3 UNDER RULE 38, 52(2) OF SECOND SCHEDULE TO THE INCOME TAX ACT, 1961 READ WITH RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 PRODUCED AS ANNEXURE-G AND ALSO THE IMPUGNED ORDER DATED 30.09.2015 MADE IN O.A.NO.1138/ 2013 PASSED BY THE DEBTS RECOVERY TRIBUNAL, BENGALURU PRODUCED AS ANNEXURE-A; B. DIRECT THE RESPONDENTS NO.2 CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 04.04.2019 PRODUCED AS ANNEXURE-F.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

: 3 :

ORDER

sd JUDGE KGK