K.V. NAGARAJ S/O K. GOPAL SETTY (LATE) V. THE UNION OF INDIA

WP/102739/2018

AI Insights

The case involves two writ petitions filed by K.V. Nagaraj and K.N. Nandini against various respondents including the Union of India, Income Tax authorities, and Lakshmi Vilas Bank. The petitions sought to challenge possession orders and demand letters related to the petitioners' firm, M/S. Swastic Steel, under Articles 226 and 227 of the Constitution of India. The court, however, dismissed the petitions due to the absence of the petitioner's representation on multiple occasions, indicating a lack of interest in prosecuting the case.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 722268 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 14-02-2020
• Assessment Year: misc
• Laws Referred To: Articles 226 and 227 of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: PRAVEEN UPPAR; M K VENKATARAMANA
• Assessee Lawyers: G A CRUZE
• Keywords: Certiorari; Certiorari; Demand Letter; Possession Order; Prohibition Order; Writ petition

Judgement Text

"IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2020 BEFORE THE HON’BLE MR.JUSTICE S.G. PANDIT WRIT PETITION NO.102739/2018 C/W. WRIT PETITION NO.102740/2018 (GM-RES) IN W.P.NO.102739/2018 BETWEEN K.V. NAGARAJ S/O K. GOPAL SETTY (LATE) AGED ABOUT: 40 YEARS, AUTHORISED SIGNATORY, M/S. SWASTIC STEEL, R/AT 1ST CROSS, \"GEETHA GOPAL LMANSION\" M.J. NAGAR, HOSPETE-583201, BALLARI-583103. NOW AT: JUDICIAL CUSTODY, CENTRAL JAIL, PARAPPAN AGRAHARA, BENGALURU. ... PETITIONER (BY SRI.G A ANTHONY CRUZE, ADVOCATE (ABSENT)) AND 1. THE UNION OF INDIA BY ITS DEPUTY COMMISSIONER, 2 INCOME TAX, CENTRAL CIRCLE-2(1), GOVERNMENT OF INDIA, 4TH FLOOR, C.R. ANNEXE, QUEENS ROAD, BENGALURU-560001. 2. THE TAX RECOVERY OFFICER ATTACHED TO THE: DEPUTY COMMISSIONER OF INICOME TAX, GOVERNMENT OF INDIA, CENTRAL RANGE-II, BENGALURU. 560001 3. THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE, GOVERNMENT OF KARNATAKA, BALLARI DISTRICT-583101. 4. THE THASILDHAR & TALUKA MAGISTRATE, HOSPET TALUK, BALLARI DISTRICT. 583103 5. THE GENERAL MANAGER LAKSHMI VILAS BANK LTD., HEAD OFFICE: SALEM ROAD, KATHAPPARAY POST, KARURU-639009, TAMIL NADU. 6. THE GENERAL MANAGER REGIONAL OFFICE, LAKSHMI VILAS BANK LTD. NO.93, 2ND FLOOR, T.K.N. MANSION, KENGAL HANUMANTHAIAH ROAD, (DOUBLE ROAD), OPP: K.S.R.T.C. HEAD OFFICE, BENGALURU-560027. 7. THE SENIOR MANAER LAKSHMI VILAS BANK LTD., 3 1ST FLOOR, SHARADA COMPLEX, SHANUBHOGUE CIRCLE, PATEL NAGAR, HOSAPETE-583201, BALLARI DISTRICT. ... RESPONDENTS (BY SRI.PRAVEEN K UPPAR, HCGP FOR R3-R4, ASG FOR R1 & 2, SRI.M.K.VENKATARAMANA, ADVOCATE FOR R5, C/R6 & R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RELEVANT RECORDS PENDING ON THE FILE OF THE RESPONDENT NO.1 AND 2 PERTAINING TO THE ORDER OF ATTACHMENT AND ORDER OF PROHIBITION AND ORDER AGAINST THE PETITIONER FIRM AND ALSO THE RELEVANT RECORDS PENDING ON THE FILE OF RESPONDENT NO.3 PERTAINING TO POSSESSION ORDERS AS WELL AS THE DEMAND LETTER PENDING ON THE FILE OF RESPONDENT NO.7, ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT OF CERTIORARI BY QUASHING THE IMPUGNED POSSESSION ORDER PASSED BY RESPONDENT NO.3 BY ITS ORDER DATED 28.08.2014 BEARING NO.REV/SARFAESI/APPEAL/34/2014-15 VIDE ANNEXURE-F AND ALSO LETTER OF DEMAND BY RESPONDENT NO.7 BY IS DEMAND BEARING NO.NIL DATED 18.12.2014 VIDE ANNEXURE-G AND ETC. IN W.P.NO.102740/2018 BETWEEN K.N.NANDINI W/O K.V. NAGARAJ AGED ABOUT: 38 YEARS, PROPRIETRIX/DIRECTOR, M/S. SWASTIC STEEL (HOSPET) PVT. LTD., 1ST CROSS, \"GEETHA GOPAL MANSION\", M.J. NAGAR, HOSAPETE-583201, BALLARI-583103. ... PETITIONER (BY SRI.G A ANTHONY CRUZE, ADVOCATE) 4 AND 1. THE UNION OF INDIA BY ITS DEPUTY COMMISSIONER, INCOME TAX, CENTRAL CIRCLE-2(1), GOVERNMENT OF INDIA, 4TH FLOOR, C.R. ANNEXE, QUEENS ROAD, BENGALURU-560001. 2. THE TAX RECOVERY OFFICER ATTACHED TO THE: DEPUTY COMMISSIONER OF INICOME TAX, GOVERNMENT OF INDIA, CENTRAL RANGE-II, BENGALURU.560001 3. THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE, GOVERNMENT OF KARNATAKA, BALLARI DISTRICT-583101. 4. THE THASILDHAR & TALUKA MAGISTRATE, HOSPET TALUK, BALLARI DISTRICT.583101 5. THE GENERAL MANAGER LAKSHMI VILAS BANK LTD., HEAD OFFICE: SALEM ROAD, KATHAPPARAY POST, KARURU-639009, TAMIL NADU. 6. THE GENERAL MANAGER REGIONAL OFFICE, LAKSHMI VILAS BANK LTD. NO.93, 2ND FLOOR, T.K.N. MANSION, KENGAL HANUMANTHAIAH ROAD, (DOUBLE ROAD), OPP: K.S.R.T.C. HEAD OFFICE, 5 BENGALURU-560027. 7. THE SENIOR MANAER LAKSHMI VILAS BANK LTD., 1ST FLOOR, SHARADA COMPLEX, SHANUBHOGUE CIRCLE, PATEL NAGAR, HOSAPETE-583201, BALLARI DISTRICT. ... RESPONDENTS (BY SRI.K.V. ARAVIND, STANDING COUNSEL FOR R1, R2, SRI.M.K.VENKATARAMANA, ADVOCATE FOR C/R6, R7, R3 TO R5 ARE SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RELEVANT RECORDS PENDING ON THE FILE OF THE RESPONDENT NO.1 AND 2 PERTAINING TO THE ORDER OF ATTACHMENT AND ORDER OF PROHIBITION AND ORDER AGAINST THE PETITIONER FIRM AND ALSO THE RELEVANT RECORDS PENDING ON THE FILE OF RESPONDENT NO.3 PERTAINING TO POSSESSION ORDERS AS WELL AS THE DEMAND LETTER PENDING ON THE FILE OF RESPONDENT NO.7, ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT OF CERTIORARI BY QUASHING THE IMPUGNED POSSESSION ORDER PASSED BY RESPONDENT NO.3 BY ITS ORDER DATED 28.08.2014 BEARING NO.REV/SARFAESI/APPEAL/34/2014-15 VIDE ANNEXURE-H AND ALSO LETTER OF DEMAND BY RESPONDENT NO.7 BY IS DEMAND BEARING NO.NIL DATED 18.12.2014 VIDE ANNEXURE-J AND ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: 6 ORDER There was no representation for the petitioner in the morning as well as in the afternoon on 10.02.2020. Hence, it was ordered to be posted today. Today also, there is no representation for the petitioner in the morning as well as in the afternoon. It appears that the petitioner has no interest in prosecuting the case. Hence, the writ petitions stand dismissed for non-prosecution. Sd/- JUDGE Sh "