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2023 Supreme(Kar) 193

KRISHNA S.DIXIT
DCB Bank Limited – Appellant
Versus
Assistant Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SMT. SREEDEVI K B, ADVOCATE FOR SRI. PATIL J M., ADVOCATE
For the Respondent: SRI. R SRINIVASA GOWDA.

ORDER :

Petitioner –Bank is grieving before the Writ Court against non-consideration of its representation dated 25.07.2022 a copy whereof avails at Annexure-G wherein it has requested the 2nd Respondent – SLAO to deposit the compensation amount to the loan account of 3rd Respondent – borrower, toward repayment that was secured by the mortgage of the property in acquisition. Learned counsel for the Petitioner vehemently argues that mortgage is one of the five traditional modes of transfer recognized by the provisions of the Transfer of Property Act, 1882 and therefore, his client has a vested interest in the subject property, which entitles it to the payment of compensation for its appropriation to loan account of the borrower. She expresses anguish against the 2nd Respondent in not considering her client’s Representation in terms of Sections 64 & 73 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. After service of notice, the Respondent Nos. 1 & 2 are represented by the learned AGA and the 3rd Respondent – borrower who happens to be the mortgager, has chosen to remain unrepresented despite service of notice; howeve

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