Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42471 WP No. 23448 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 23448 OF 2021 (CS-RES) BETWEEN:
RANGAPPA BHOVI S/O. LATE. SANNARANGAPPA BHOVI AGED ABOUT 66 YEARS, DOOR NO.3-30/1 (1), NEKKILA, ASHOKANAGAR (P.O) MANGALORE - 575 006 …PETITIONER (BY SRI. RANGAPPA BHOVI, PARTY-IN-PERSON) AND:
1.
THE PRESIDENT SHIVAMOGGA DISTRICT MAHILA MULTY PURPOSE CO-OPERATIVE SOCIETY KARNATAKA HOUSING BOARD COLONY, KALLALLI, SHIVAMOGGA - 577 201.
2.
SMT. HEMAVATHI W/O. JAGADISH AGED ABOUT 51 YEARS SHIVADARSHANI NEAR THIRUPALY CHAULTRY BALRAJ ARAS ROAD, SHIVAMOGGA - 577 201.
3.
THE REGISTRAR, GOVERNMENT OF KARNATAKA CO-OP. SOCIETIES NO.1, ALI ASKAR ROAD BANGALORE - 560 052.
4.
THE DEPUTY REGISTRAR CO.OP. SOCIETY'S
Digitally signed by PRASHANTH N V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:42471 WP No. 23448 of 2021
SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201 …RESPONDENTS (BY SRI. BASAVARAJ S. SAPPANNAVAR, ADVOCATE FOR R1 & R2 SMT. CHANDINI .S., HCGP FOR R3 & R4 )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA BY PARTY IN PERSON AND PRAYING TO - CALL FOR THE ENTIRE RECORDS DTD: 13.08.2010.
QUASH THE REGISTERED SALE DEED NO.3860 DTD: 18.08.2010 BY THE R-1 VIDE ANNX-A. DIRECT TO R-1 VIDE ANNEX - M THE PETITIONER ONE OF THE BIDDER IN THAT AUCTION DTD:
13.08.2010 BIDDED RS.22,00,000/- (TWENTY TWO LAKHS) HAS HIGHEST BIDDER VIDE ANNX-M AND DIRECT TO R-1 THE REGISTER THE HOUSE PROPERTY NO.HIG-26 ON KHB COLONY II STAGE, KALLIHALLY, SHIVAMOGGA CITY IN NAME OF THE PETITIONER (RANGAPPA BHOVI, S/O SANNARANGAPPA BHOVI) AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
ORAL ORDER
The petitioner party-in-person has approached this Court seeking issuance of writ in the nature of certiorari to quash the registered sale deed dated 18.08.2010 executed by respondent No.1, produced as per Annexure-A and to direct respondent No.1 to treat the petitioner as one of the bidders in the auction
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HC-KAR NC: 2025:KHC:42471 WP No. 23448 of 2021
that was held on 13.08.2010 for Rs.22,00,000/- as the highest bidder and also to direct respondent No.1 to treat the petitioner as purchaser of the property in the auction sale.
2. Heard petitioner party-in-person and
learned counsel for respondent Nos.1 and 2. Perused the materials on record.
3. In view of the rival contentions urged by the petitioner - party-in-person and the learned counsel for the respondents, the point that would arise for my consideration is:
"Whether the petitioner party-in-person has made out any grounds to allow the petition?" My answer to the above point is in the 'Negative' for the following: REASONS
4. It is the contention of the petitioner that even though the auction sale was held on 13.08.2010 by respondent No.1, he has not followed the procedure as prescribed in Annexure-B. It is his contention that regarding the auction of schedule property, the publication was not published in a major
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HC-KAR NC: 2025:KHC:42471 WP No. 23448 of 2021
daily newspapers to bring it to the notice of the petitioner and others to participate in the bid.
5. In this regard, learned counsel for respondent Nos.1 and 2 has produced document No.3 - the additional list, which is the letter issued by Senior Assistant Director, Department of Information and Public Relations, Shivamogga, informing the Deputy Registrar of Co-operative Societies that 'Nudigida' Kannada daily news paper is being published regularly since 15.08.2005 and it has listed in the Department of Information and Public Relations, Shivamogga.
6. In view of the above circumstance, the allegation that the publication date for the auction sale was not held in accordance with Annexure-B, cannot be accepted.
7. The other contention raised by the petitioner is that, if he was notified about the auction sale, he would have participated in the auction sale and was interested to bid for Rs.22,00,000/-. But it is a hypothetical submission made by the petitioner as he has not participated in the public auction. Hence, his submission cannot be acceptable.
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HC-KAR NC: 2025:KHC:42471 WP No. 23448 of 2021
8. The materials placed before this Court reveal that the property in question was brought for sale and there was paper publication in the Nudigida local daily newspaper regarding auction sale. Accordingly, there was five bidders and the bid was held on 13.08.2010. Respondent No.2 who bid for Rs.15,50,000/- was declared as highest bidder and the sale deed as per Annexure-A was executed. The possession of property was handed over as per possession certificate dated 30.06.2011 and the property stands in the name of respondent No.2 since 2011.
9.
Learned counsel for respondent Nos.1 and 2 produced the letter dated 25.08.2025 issued by Senior Sub- Registrar, Shivamogga District, according to which, the SR value of the property in question for residential purpose is Rs.340/- per sq.ft and the building of Reinforced Cement Concrete (RCC) floors with mosaic tiles polished kadapa stone values at Rs.550/- per sq.ft. If these values are taken into
consideration, SR value of the property will be Rs.10,93,200/- i.e., approximately Rs.11,00,000/-. The auction was held for Rs.15,50,000/- and respondent No.2 has purchased the
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HC-KAR NC: 2025:KHC:42471 WP No. 23448 of 2021
property being the successful bidder. I do not find any illegality in the auction that was held by respondent No.1. I do not find any merits in the contentions raised by the petitioner. Hence, I answer the above point in the Negative and proceed to pass the following:
ORDER The writ petition is dismissed.
Sd/- (M G UMA) JUDGE
PNV CT:VS List No.: 2 Sl No.: 5