- 1 - NC: 2025:KHC:16655 WP No. 9616 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.9616 OF 2025 (GM-RES) BETWEEN: 1. SRI. KOLLI KALI VARA PRASAD S/O LATE SRI. KOLLI GANGAIAH AGED ABOUT 67 YEARS R/O 117, 1ST MAIN ROAD MLA LAYOUT, R.T. NAGAR BANGALORE 560 032. 2. SMT. KOLLI THAYI KUMARI AGED ABOUT 61 YEARS W/O SRI. KOLLI KALI VARA PRASAD R/O 117, 1ST MAIN ROAD MLA LAYOUT, R T NAGAR BANGALORE 560 032. …PETITIONERS (BY SRI. RAMANA M.V.V. ADV.,) AND: 1. THE AUTHORISED OFFICER STATE BANK OF INDIA SARB,, 2ND FLOOR TSRTC COMMUNITY CENTRE BUS TERMINAL COMPLEX KOTI, HYDERABAD 500 095. 2. TAMOGNA ENTERPRISES PVT. LIMITED REPRESENTED BY ITS DIRECTOR PLOT NO.24, D NO. 8-3-1021 KRISHNA VIHAR, SRI NAGAR COLONY HYDERABAD 500 073. 3. SRI. PRAVEEN KUMAR KOMMINENI AGED ABOUT 47 YEARS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16655 WP No. 9616 of 2025 S/O SRI. K.V. RAMANAPPA 17 LH 102, LANCO HILLS, MANIKONDA HYDERABAD 500 089. ALSO AT: 88-2-120/114/96, FLAT 201 A BLOCK, SRI NILAYA ASIA MANOR ROAD NO.2, BANJARA HILLS HYDERABAD 500 034. 4. SMT. ROJA BHARATHI KOMMINENI W/O SRI PRAVEEN KUMAR KOMMINENI AGED ABOUT 42 YEARS R/O 88-2-120/114/96, FLAT 201 A BLOCK, SRI NILAYA ASIA MANOR, ROAD NO.2 BANJARA HILLS HYDERABAD 500 034. 5. SMT. PRATHIMA KOMMINENI D/O LATE SRI. K. RAMANAPPA AGED ABOUT 45 YEARS R/O FLAT NO.402, PLOT NO. G-100 MADHURI NAGAR, AMEER PET HYDERABAD 500 016. …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADV., FOR R1) - - - THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE AUCTION NOTICE DTD 28.02.2025 WITH NO.SBI/SARB-1/HYD/RLN-824, PRODUCED AS ANNX-B & ETC. THIS PETITION, COMING ON FOR FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - NC: 2025:KHC:16655 WP No. 9616 of 2025 ORAL ORDER The petitioner is before this Court seeking for the following relief: "Issue a writ of certiorari quashing the auction notice dated 28.02.2025 with No.SBI/SARB-1/HYD/RLN- 824, produced as Annexure-B." 2. This Court, on 01.04.2025, had passed the following order: "The petitioners are before this Court calling in question the auction notice dated 28.02.2025. The amount in due according to Sri.Vignesh Shetty, learned counsel for the respondent - Bank is Rs.4,30,27,000/-. The sale is likely to be held on 03.04.2025. In the light of the huge default, I deem it appropriate to permit the sale to go on but the Bank is restrained from issuing the sale certificate pursuant to the sale, to the hands of the auction purchaser, subject to the condition that the petitioners would deposit 20% of the outstanding in the next three weeks and 20% in the next three weeks thereafter. In the event the petitioners would not deposit 20% in the next three weeks as directed, the interim order would stand automatically vacated and the Bank would be at liberty to issue the sale certificate in favour of the auction purchaser. - 4 - NC: 2025:KHC:16655 WP No. 9616 of 2025 List the matter on 21.04.2025 in the fresh matters list." 3. Not even a rupee is paid as on today. 4. The learned counsel for the respondent would submit that the sale, on the intended date of sale, has not taken place. Therefore, the date of auction has spent itself. 5. In the light of the sale not taking place on the said date, the petition has rendered infructuous. 6. Therefore, the petition stands disposed of as having become infructuous. Sd/- (M.NAGAPRASANNA) JUDGE RV List No.: 1 Sl No.: 95