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2025 DAILYLAW 61816 (KAR)

SHESHAPPA LAXMAPA PETLUR v. THE DEPUTY COMMISSIONER

WP/101308/2021 · 2025-12-01

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16836 WP No. 101308 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101308 OF 2021 (GM-RES) BETWEEN: 1. SHESHAPPA LAXMAPA PETLUR, AGE: 75 YEARS, OCC: AGRICULTURE, POST MUDENUR-591123, TQ: RAMDURG, DIST: BELAGAVI. 2. GOVINDREDDI S/O. RANGAPPA JAYI, AGE: 40 YEARS, OCC: AGRICULTURE, POST MUDENUR-591123, TQ: RAMDURG, DIST: BELAGAVI. 3. SIDDAPPA BALAPPA SANKDAL, AGE: 48 YEARS, OCC: AGRICULTURE, POST MUDENUR-591123, TQ: RAMDURG, DIST: BELAGAVI. 4. SANGAPPA BALAPPA SANKDAL, AGE: 59 YEARS, OCC: AGRICULTURE, POST MUDENUR – 591 123, TQ: RAMDURG, DIST: BELAGAVI. 5. SMT. NAGAVVA BALAPPA SANKDAL, AGE: 80 YEARS, OCC: AGRICULTURE, POST MUDENUR-591123, TQ: RAMDURG, DIST: BELAGAVI. 6. BALAPPA NINGAPPA HAKATI, AGE: 74 YEARS, OCC: AGRICULTURE, POST MUDENUR – 591 123, TQ: RAMDURG, DIST: BELAGAVI. 7. JANAPPA NINGAPPA HAKATI, AGE: 67 YEARS, OCC: AGRICULTURE, POST MUDENUR – 591 123, TQ RAMDURG, DIST BELAGAVI. 8. SRI. RANGAPPA S/O. NINGAPPA HAKATI, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16836 WP No. 101308 of 2021 AGE: 58 YEARS, OCC: AGRICULTURE, POST MUDENUR – 591 123, TQ: RAMDURG, DIST: BELAGAVI. 9. SRI. RACHAPA S/O. RANGAPPA BYALI, AGE: 49 YEARS, OCC: AGRICULTURE,, POST MUDENUR-591 123, TQ: RAMDURG, DIST: BELAGAVI. 10. SRI. RANGAPPA S/O. LAKKAPPA JAYI, AGE: 82 YEARS, OCC: AGRICULTURE, POST MUDENUR – 591 123, TQ: RAMDURG, DIST: BELAGAVI. 11. SMT. GEETA W/O. JANAPPA HAKATI, AGE: 55 YEARS, OCC: AGRICULTURE, POST MUDENUR – 591 123, TQ: RAMDURG, DIST: BELAGAVI. 12. SRI. SHIVANAGOUDA DYAVANGOUDA PAVADIGOUDAR, AGE: 56 YEARS, OCC: AGRICULTURE, POST MUDENUR – 591 123, TQ: RAMDURG, DIST: BELAGAVI. …PETITIONERS (BY SMT. SHAILA BELLIKATTI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-590 001. 2. MANAGER, EARSTWHILE CANARA BANK LEAD BANK SYNDICATE BANK, SHANBHAG CHAMBERS, KIRLOSKAR ROAD, BELAGAVI – 590 002. 3. REGIONAL MANAGER, KARNATAKA VIKAS GRAMEEN BANK, LAXMI EXTN PHASE-4, GOKAK-591 307, DIST: BELAGAVI. - 3 - HC-KAR NC: 2025:KHC-D:16836 WP No. 101308 of 2021 4. GENERAL MANAGER, KARNATAKA VIKAS GRAMEEN BANK HED OFFICE, BELAGAVI ROAD, DHARWAD-580 008, DIST: DHARWAD. 5. BRANCH MANAGER, KARNATAKA VIKAS GRAMEEN BANK, HALYAL BUILDING, JUNIPET, RAMDURG – 591 123, DIST: BELAGAVI. 6. GOVINDREDDI S/O. SHESHAPPA PETLUR, AGE: 48 YEARS, OCC: AGRICULTURE, POST MADENUR-591123, TQ: RAMDURG, DIST: BELAGAVI. 7. DYAVAPPA BALAPPA SANKADAL, AGE: 38 YEARS, OCC: AGRICULTURE, POST MADENUR – 591 123, TQ: RAMDURG, DIST: BELAGAVI. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; SRI. C.V.ANGADI, ADVOCATE FOR R3 TO R5; R2 & R6 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS NO.3 TO 5 TO CONSIDER THE PETITIONERS REPRESENTATION DATED 10.01.2021 PRODUCED VIDE ANNXURE-A REQUESTING FOR FACILITATE ONE TIME SETTLEMENT OF THE MEASURES SIMILAR TO THAT OF NATIONALIZED BANKS, EARSTWHILE CANARA BANK (LEAD BANK SYNDICATE BANK) AND AS PER THE GUIDE LINES ISSUED BY RESERVE BANK INDIA DATED 17.10.2018 BEARING REFERENCE NO. RBI/FIDD/2018-19/65 MASTER DIRECTION FIDD.CO.FDS.BC NO.10/05.10.001/2018-19 VIDE ANNEXURE-K AS THE PETITIONERS ARE SERIOUSLY EFFECTED BY DROUGHT, FLOOD AND CORONAN PANDEMIC IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:16836 WP No. 101308 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: A. “Issue a writ of mandamus directing respondents no.3 to 5 to consider the petitioners representation dated 10.01.2021 produced vide Annxure-A requesting for facilitate one time settlement of the measures similar to that of nationalized Banks, Earstwhile Canara Bank (Lead Bank Syndicate Bank) and as per the guide lines issued by Reserve Bank India dated 17.10.2018 bearing reference no. RBI/FIDD/2018-19/65 master direction FIDD.CO.FDS.BC NO.10/05.10.001/2018-19 vide Annexure-K as the petitioners are seriously effected by drought, flood and coronan pandemic in the interest of justice and equity. B. Grant any other relief to which the petitioner is entitled under the circumstances of the case.” 2. Heard Smt.Shaila Bellikatti, learned counsel for the petitioners, Sri.T.Hanumareddy, learned AGA for respondent No.1 and Sri.C.V.Angadi, learned counsel for respondent Nos.3 to 5. - 5 - HC-KAR NC: 2025:KHC-D:16836 WP No. 101308 of 2021 3. Learned counsel for the petitioners submits that the petitioners have defaulted in payment owing to the onset of COVID-19 and the consequent cessation of work. It is further submitted that continuous floods also resulted in default. She places reliance on the circulars issued by the Reserve Bank of India, which are binding on the respondent–Bank for consideration of a One-Time Settlement (OTS) in cases of force majeure. 4. Learned counsel Sri C.V. Angadi, however, places reliance on the judgment of the Apex Court in the case of Bijnor Urban Cooperative Bank Ltd. Vs. Meenal Agarwal1, to contend that no writ of mandamus can be issued directing the Bank to consider an OTS application. Nonetheless, he submits that if the petitioners’ grievance falls within the scope of the Reserve Bank of India circulars, the same would be considered in accordance with law and the Master Guidelines of the Reserve Bank. 5. In light of the above submissions, the petition stands disposed of, directing the respondent–Bank to consider the case of the petitioners in accordance with law. 1 (2023) 2 SCC 805 - 6 - HC-KAR NC: 2025:KHC-D:16836 WP No. 101308 of 2021 6. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC/CT-ASC List No.: 2 Sl No.: 87