- 1 - NC: 2025:KHC:13884 WP No. 9743 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9743 OF 2025 (GM-RES) BETWEEN: MR. PAVAN KUMAR S/O SHIVAKUMAR AGED ABOUT 30 YEARS RESIDING AT NARAYANAPURA GURUMATKAL (RURAL) KALBURGI PIN CODE – 585 214. …PETITIONER (BY SMT. NATASHA N. MURTHY, ADVOCATE FOR SRI VIGNESH SHIVARAM SHETTY, ADVOCATE) AND: 1. THE INDIAN BANK NO.10, 1ST FLOOR INDIAN BANK BUILDING K.G. ROAD, BENGALURU – 560 009 REP. BY ITS AUTHORISED OFFICER/ BRANCH MANAGER. 2. THE STATE OF KARNATAKA THROUGH RR NAGAR POLICE STATION BENGALURU – 560 060 REP.BY GOVERNMENT PLEADER. …RESPONDENTS (BY SRI K.R.PARASHURAM, ADVOCATE FOR R1; SRI MOHAMMED JAFFAR SHAH, AGA FOR R2) Page No. 01 is retyped and replaced vide court order dated 29.04.2025 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13884 WP No. 9743 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO R-1 TO CONSIDER THE REPRESENTATION DTD 03.08.2024 SUBMITTED BY THE PETITIONER FORTHWITH VIDE ANNX-B AND FURTHER BE PLEASED TO DIRECT THE RESPONDENT BANK WITH THE HELP OF R-2 TO HAND OVER THE VACANT POSSESSION OF THE SCHEDULE PROPERTY IN FAVOUR OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “a) Issue a Writ of mandamus or any other Writ, Order or direction to Respondent No.1 to consider the representation dated 03.08.2024 submitted by the Petitioner forthwith vide Annexure – B and further be pleased to direct the Respondent Bank with the help of Respondent No.2 to hand over the vacant possession of the schedule property in favour of the Petitioner. b) Further direct the Respondent bank to pay the damages incurred by the petitioner. c) Pass such other order/s as this Hon’ble court deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard Smt. Natasha N.Murthy for Sri Vignesh Shivaram Shetty, learned counsel for the petitioner, Sri K.R.Parashuram, learned counsel for respondent No.1 and - 3 - NC: 2025:KHC:13884 WP No. 9743 of 2025 Sri Mohammed Jaffar Shah, learned Additional Government Advocate for respondent No.2. 3. The petitioner is an auction purchaser. Pursuant to an auction conducted by the first respondent – bank, the auction has become final and inasmuch as the sale certificate is also issued in favour of the petitioner. The prayer that is sought in the subject petition is, non-cooperation of the jurisdictional police – R.R. Nagar Police Station, with the first respondent – bank to execute the order of the learned Magistrate in taking possession of the property. 4. Learned Additional Government Advocate undertakes that the cooperation would be rendered by the jurisdictional police in accordance with law, in taking possession of the property. 5. In the light of the said submission, the following: ORDER a. The writ petition stands allowed. Page No.3 is retyped and replaced vide court order dated 29.04.2025 - 4 - NC: 2025:KHC:13884 WP No. 9743 of 2025 b. Mandamus issues to the first respondent to consider the representation of the petitioner dated 03.08.2024 submitted by the petitioner and the second respondent - police is directed to render police protection in accordance with law, as is sought by the petitioner or the first respondent – bank as the case would be, towards taking possession of the property. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 50 CT:SS