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2025 DAILYLAW 73682 (KAR)

SRI. N.M.CHANDRASHEKAR v. THE STATE OF KARNATAKA

WP/38165/2025 · 2025-12-19

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54715 WP No. 38165 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 38165 OF 2025 (GM-DRT) BETWEEN: SRI. N.M.CHANDRASHEKAR S/O. LATE M.S. MANJUNATHA MOORTHY, AGED ABOUT 72 YEARS, RESIDING AT YELNEER GUNDI ESTATE, SHANIVARSANTHE, SOMWARPET TALUK, KODAGU DISTRICT -571 235 …PETITIONER (BY SRI. BHADRINATH R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S.BUILDING, BENGALURU-560 001 REPRESENTED BY PRINCIPAL SECRETARY 2. SMT.N.M.HEMALATHA, W/O.B.N.MANJUNATHA, AGED ABOUT 45 YEARS, RESIDING AT NANDIGUNDA VILLAGE AND POST, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54715 WP No. 38165 of 2025 SOMWARPET TALUK, KODAGU DISTRICT-571 235 3. THE MANAGER CANARA BANK, GOWDALI BRANCH, SHANIVARASANTHE HOBLI, SOMWARPETE TALUK, KODAGU DISTRICT-571 235 …RESPONDENTS (BY SMT.HEMALATHA V., AGA FOR R1 SRI.VIGNESH SHETTY, ADVOCATE FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION THEREBY QUASHING THE IMPUGNED E-AUCTION DATED 19.12.2025 PUBLISHED IN DAILY NEWSPAPER DATED 29.11.2025 IN KANNADA PRABHA ISSUED BY THE RESPONDENT NO.3/BANK AS FOUND AT ANNEXURE-G, IN THE RESPECT OF 50 CENTS OUT OF 2 ACRES 50 CENTS IN SY.NO.59/7 OF RAMENALLI. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:54715 WP No. 38165 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “WHEREFORE, the petitioner prayed that this Hon’ble Court be pleased to: a. To issue a Writ in the nature of Certiorari or any other appropriate writ or direction thereby quashing the impugned E-auction dated 19.12.2025 published in daily newspaper dated 29.11.2025 in Kannada Prabha issued by the respondent No.3/bank as found at Annexure-G, in the respect of 50 cents out of 2 acres 50 cents in Sy.No.59/7 of Ramenalli Village; b. To issue writ in the nature of mandamus to the respondent No.3 to consider the representation dated 21.07.2025 made by the petitioner as found at Annexure-F in accordance with law; and c. To allow this writ petition with cost and grant such other further relief/s as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.” 2. As far as the first prayer is concerned, that is with regard to the impugned auction dated 19.12.2025, learned counsel appearing for the bank submits that the borrower had approached the Debt Recovery Tribunal by filing S.A.No.470/2025 and the Debt Recovery Tribunal had granted the interim order as such they have not conducted the sale. - 4 - HC-KAR NC: 2025:KHC:54715 WP No. 38165 of 2025 Hence, nothing survives for consideration as far as the first prayer is concerned. 3. Learned counsel appearing for the petitioner submits that he had made a representation to respondent No.3/bank. The second relief that is sought is that the representation made by the petitioner to the bank may be considered. 4. Learned AGA submits that the RA is pending with regard to the revenue entries in favour of the petitioner and the same is listed for orders. 5. Considering the submissions of the learned counsels on either side, this Court is passing the following: ORDER i. The respondent/bank shall consider the representation dated 21.07.2025 in accordance with law within a period of four weeks from the date of receipt of copy of the order. - 5 - HC-KAR NC: 2025:KHC:54715 WP No. 38165 of 2025 ii. As the respondent/bank had not conducted the auction as far as the first prayer, nothing survives for consideration. iii. Accordingly, the writ petition is disposed of. iv. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 35