- 1 - NC: 2025:KHC:15450 WP No. 16249 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16249 OF 2015 (GM-DRT) BETWEEN: 1. K. GANESH RAO, S/O RAGHURAMA RAO, AGED 42 YEARS, 2. SHWETHA G. RAO, W/O K. GANESH RAO, AGED 32 YEARS, BOTH ARE R/AT DOOR NO. 5-108C, "SHANTHA DURGA", BAILOOR, 76 BADAGABETTU VILLAGE, UDUPI - 576 101, UDUPI DISTRICT. …PETITIONERS (BY SRI. SUDESH KUMAR ACHARYA U, ADVOCATE) AND: 1. STATE BANK OF INDIA, UDYAVARA BRANCH, UDAYAVARA - 574 118, UDUPI DISTRICT, REP. BY ITS MANAGER. 2. THE RECOVERY OFFICER-I, DEBT RECOVERY TRIBUNAL, KRUSHI BHAVAN, HUDSON CIRCLE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15450 WP No. 16249 of 2015 BANGALORE - 560 001. …RESPONDENTS (BY SRI. G.N. SATHYAMURTHY, ADVOCATE FOR R1; R2 - THE RECOVERY OFFICER-I DEBT RECOVERY TRIBUNAL, BANGALORE SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SALE PROCLAMATION PROCEEDINGS DATED 17.3.2015 IN DCP 6485, IN O.S.NO.699/2009 ON THE FILE OF THE DEBT RECOVERY TRIBUNAL, BANGALORE VIDE ANNX-M AND TO DECLARE THE SAID PROCEEDINGS AS ILLEGAL AND UNCONSTITUTIONAL, IN SO FAR AS THE SCHEDULE LAND IS CONCERNED AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following relief's: Wherefore, the petitioners most respectfully prays that this Hon'ble Court be pleased to; a) Issue a writ of certiorari, writ or direction by quashing the impugned sale proclamation proceedings dated 17.3.2015 in DCP 6485, in O.S No.699/2009 on the file of the Debt Recovery Tribunal, Bangalore vide Annexure- M and to declare the said proceedings as - 3 - NC: 2025:KHC:15450 WP No. 16249 of 2015 illegal and unconstitutional, in so far as the schedule land is concerned. b) Grant such other and further reliefs as this Hon'ble Court deems fit to grant under the circumstances of cases, in the interest of justice". 2. During the pendency of the above matter, the lis between the petitioners and the Bank as regards the amount due by the petitioners to the Bank was resolved before the Special Lok-Adalath conducted in the DRT. In pursuance of which, the Bank had agreed to receive certain payments which have been so made by the petitioners. The Bank on 29.03.2025 has issued a letter confirming receipt of the entire dues of the Bank and has indicated that there is no more due from the petitioners to the Bank on any account whatsoever. 3. It is pursuant thereto that the petitioners had filed I.A.1/2025 for direction, directing the Respondent-Bank to handover the possession of the property bearing survey No.51/2018 measuring 36 cents, situated at Kalathur Village, Kaup Taluk, Udupi District. 4. Objections to the said application have been filed by the Bank. Sri. G.N.Sathyamurthy., learned counsel appearing - 4 - NC: 2025:KHC:15450 WP No. 16249 of 2015 for the Bank would submit that the physical possession of the aforesaid property had never been taken by the Bank. Only a notice as regards taking symbolic possession under Section 13(4) of the SARFAESI Act had been issued, which notice has also been set aside on an appeal under Section 17 have been filed by the petitioners. 5. He categorically and unequivocally submits that the Bank had never taken physical possession of the aforesaid property nor is it in physical possession of the said property nor has the possession been handed over to anybody else by the Bank. His submission is that now the dues have been cleared the Bank has no subsisting right, title or interest in the aforesaid property. The attachment before judgment/order which had been passed also ended with the settlement arrived at before the Lok-Adalath. His further submission is that the original documents would be returned by the Bank and handed over to the petitioners within 30 days from today. If the petitioners were to call upon the officers of the Bank on 26.05.2025 at 10:30 A.M., the same would be handed over. - 5 - NC: 2025:KHC:15450 WP No. 16249 of 2015 6. Insofar as the direction sought for in I.A. No.1/2025 by the petitioners. Now that the Respondent-Bank has categorically stated that it has neither taken possession nor handed over possession to anyone else, the question of such a direction being issued would not arise. 7. The Bank having confirmed that the possession continues with the petitioners, it is for the petitioners to continue in possession. In view of the symbolic notice for possession and Section 13(4) having already been set aside, no directions would have to be passed on I.A No.1/2025. 8. In view of the settlement which has been arrived at between the parties, no further orders are required to be passed except as stated herein above. 9. The petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE VS List No.: 1 Sl No.: 8 CT: BHK