SHIVASHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in all these writ petitions have challenged the Notification issued by the Government bringing property for sale under the provisions of Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004, [for short, hereinafter referred to as 'the Act']. The question involved is purely question of law. Therefore, they are taken up for consideration together and disposed of by this common order.

(2.) The petitioner in W.P.No.2292/2009 Sri. M.S. Shivashankar contends that his mother Smt. M. S. Saraswathamma purchased the schedule property, a BDA vacant site bearing No.28 situated at H.S.R. Layout, Sector-I, Begur Hobli, Bangalore, under a registered sale deed dated 27.3.2006 for a consideration of Rs.17.00 lakhs as per Annexure-B. Her name was entered in the encumbrance certificate, she was put in possession, katha was transferred in her name and she was paying the property tax till her death. She had put up a construction on the schedule property after obtaining sanctioned plan and licence from the BDA. She died on 30.11.2007, leaving behind the petitioner, his elder brother M.S. Rajendra Prasad, elder sister K.S. Ramalakshmamma and younger sister M.S. Geetamani as legal representatives. Thereafter among them a registered release deed came to be executed in pursuance of which the petitioner has become the absolute owner. The said property is now notified for sale under the Act.

(3.) The petitioner in W.P.No.2428/2009 Mr. V.R. Ramesh contends that he purchased the schedule property, a vacant site bearing No.3579, Domlur, BBMP, Jeevanbheemanagar Sub-Division [Ward No.72] from M/s. N. Suresh Krishnamurthy and others under a registered sale deed dated 23.12.2005 for a consideration of Rs.50,00,000/-. Subsequently, katha has been made out in his name, he has been paying tax, his name was entered in the encumbrance certificate and he is in peaceful possession and enjoyment of the said property as absolute owner thereof. His property is now brought to sale by virtue of the impugned Notification.