- 1 - NC: 2025:KHC:2444 WP No. 12017 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 12017 OF 2020 (GM-KSFC) BETWEEN: SRI. BYREGOWDA S/O HUCHCHAPPA, AGED ABOUT 50 YEARS, PARTNER, SRI BHYRAVESWARA BRICK INDUSTRY, NO 33/1, GAVINAGAMAGALA, MAADABAL HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT. …PETITIONER (BY SRI. R.P.SOMASHEKHARAIAH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY. 2. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, VIDHANA SOUDHA, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY. 3. THE JOINT DIRECTOR, DEPARTMENT OF INDUSTRIES AND COMMERCE, RAMANAGAR DISTRICT, RAMANAGAR-562 159. 4. THE MANAGING DIRECTOR, THE KARNATAKA STATE FINANCIAL CORPORATION, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2444 WP No. 12017 of 2020 CENTRAL OFFICE, NO.1/1, THIMMAIAH ROAD, BENGALURU-560 001. 5. THE DEPUTY MANAGING DIRECTOR, THE KARNATAKA STATE FINANCIAL CORPORATION, BENGALURU RURAL DISTRICT BRANCH, CHURCH STREET, BENGALURU-560 062. 6. THE KARNATAKA STATE FINANCIAL CORPORATION, BRANCH OFFICE, NO.642, 1ST FLOOR, OPP. ZILLA PANCHAYATH BHAVAN, VIDYA NAGAR, BENGALURU-MYSORE ROAD, RAMANAGAR-562 159. REPRESENTED BY ITS AUTHORISED OFFICER. 7. SRI S.SHANTHA KUMAR, S/O SEENAPPA, AGED ABOUT 42 YEARS, NO.33, 13TH MAIN, HANUMANTHANAGAR, GAVIPURAM EXTN., BENGALURU-560 019. …RESPONDENTS (BY SRI. SRINIVAS KUMAR.M., HCGP FOR R1 TO 3; SRI. GIRISH.R., ADVOCATE FOR SRI. BIPIN HEGDE., ADVOCATE R4 TO 6; SRI. MADHUKAR NADIG., ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Srinivas Kumar.M., HCGP for respondents 1 to 3, Sri.Girish.R., counsel on behalf of Sri.Bipin Hegde., for - 3 - NC: 2025:KHC:2444 WP No. 12017 of 2020 respondents 4 to 6 and Sri.Madhukar Nadig., counsel for respondent No.7 have appeared in person. 2. The captioned Writ Petition is filed seeking certain reliefs. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. It is noted that the KSFC had sanctioned a loan of Rs.2,00,000/- for setting up a brick industry to the petitioner on 26.09.2005 and the same was released on 14.12.2005. The petitioner had executed a mortgage deed. It is contended that the factory of the petitioner was seized and mahazar was done. The petitioner submitted a representation requesting for OTS scheme. It is contended that without considering the representation, the Bank had taken steps for public auction. Accordingly, Public Auction Notice was published in Vijaya Karnataka daily on 26.09.2018. Subsequently, a Sale Certificate was also issued on 28.12.2018. As the things stood thus, after a lapse of almost two years, the petitioner filed the captioned Writ Petition in the year - 4 - NC: 2025:KHC:2444 WP No. 12017 of 2020 2020 to quash the public auction notice and the sale certificate. The proceedings were completed as of the date of filing of the petition in the year 2020. Furthermore, there was no stay order granted by this Court. The Writ Petition is devoid of merits and is liable to be rejected. 5. Resultantly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 37