- 1 - NC: 2025:KHC:6720 WP No. 3449 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3449 OF 2025 (LB-BMP) BETWEEN: 1. LIC HOUSING FINANCE LTD., 1ST FLOOR, JEEVAN MANGAL BUILDING HAYES ROAD, BENGALURU 560 025 (REPRESENTED BY AUTHORIZED OFFICER SHRI S. PADMAVATI D/O SHRI SHANTHANA GOPALAKRISHNAN AGED 55 YEARS) …PETITIONER (BY SRI. SHIVABASAVA GHANTE., ADVOCATE) AND: 1. JOINT COMMISSIONER DASARAHALLI ZONE BBMP BBMP ZONAL OFFICE BAGALAGUNTE HESARAGATTA MAIN ROAD BENGALURU 560 073. 2. LATE SHANKARE GOWDA C B (REPRESENTED BY LEGAL HIERS I.E PETITIONER 3,4,5) 3 MS. HARANAHALLI SOMBEGOWDA BHARATHI “ASHIRWAD”, NO.22/23 1ST CROSS, 4TH MAIN Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6720 WP No. 3449 of 2025 HESARAGHATTA MAIN ROAD HAVANOOR EXTENSION BANGALROE 560 073. 4 MS. SMITHA G W/O LATE PRAVEEN S GOWDA “ASHIRWAD” NO.22/23 1ST CROSS, 4TH MAIN HESARAGHATTA MAIN ROAD HAVANOOR, EXTENSION BANGALORE 560 073. 5 MR. PRATHEEK S GOWDA “ASHIRWAD” NO. 22/23 1ST CROSS, 4TH MAIN HESARAGHATTA MAIN ROAD HAVANOOR, EXTENSION BANGALORE 560 073. …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE FORM OF PROCLAMATION AND WRITTEN NOTICE OF SALE OF IMMOVABLE PROPERTY UNDER SECTION 156(1) OF THE BRUHAT BENGALURU MAHANAGA PALIKE ACT, 2020 NOTICE BEARING ATTACHMENT ORDER NO. 1052 DTD. 25.01.2024 ISSUED BY THE R-1 (ANNX-A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:6720 WP No. 3449 of 2025 ORAL ORDER 1. The LIC Housing Finance Limited, which granted a loan to respondents 2(a) to 2(c), is before this Court challenging notice of sale proposed to be conducted by the BBMP in respect of the property which they had financed contending that the property cannot be sold since they have subsisting mortgage on said property. 2. They claim that since the respondents 2(a) to 2(c) had defaulted on repayment of loan, they had initiated proceedings under the SARFAESI Act for recovery of debt. It is also stated that possession of property has already been taken over by the petitioner. 3. The BBMP contends that in respect of the property in question, the property tax has not been paid and therefore, they are also entitled for sale of the property for recovery of the same. - 4 - NC: 2025:KHC:6720 WP No. 3449 of 2025 4. In my view, since both the petitioner and the BBMP are essentially Government undertakings, it would be appropriate to direct the LIC Housing Finance to sell the property by way of public auction as provided under the SARFAESI Act and out of the proceeds they receive, the property tax due to the BBMP shall be paid and remaining amount shall be appropriated by the petitioner. As a consequence, Annexure-A cannot be sustained and the same is quashed. 5. It is however made clear that the petitioner shall take concurrence of the BBMP before they accept and finalise the bids. 6. The writ petition is accordingly disposed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 58