L AYYANNA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) This petition is directed against the order dated 11.9.2017 passed by the respondent No.1 in M.A.G.C.R.No.186/2006-17 vide Annexure-E whereby the respondent No.1 has forfeited the properties belonging to the petitioner and his family members under the Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004.

(2.) Brief facts of the case: The respondent No.4 has filed the case before the Assistant Commissioner, Sub-Divisional Magistrate under the provisions of Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004 (for short "the Act") against the petitioner. On the respondent No.4 complaining the respondent No.1, he has passed the order dated 11.9.2007 vide Annexure-E and forfeited the properties of the petitioner and his family members. Hence, the petitioner has approached this Court.

(3.) Sri.G.C.Shanmukha, the learned counsel for the petitioner submits that the impugned order dated 11.9.2004 vide Annexure-E is contrary to the provisions of Section 3 of the Act. The Assistant Commissioner has no jurisdiction to pass the order. He further submits that the Deputy Commissioner has not submitted any report to the Government and there is no notification issued by the Government and hence, the impugned order is unsustainable. Therefore, he prays for allowing the petition.