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HC-KAR NC: 2026:KHC:11493 WP No. 1066 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 1066 OF 2023 (GM-DRT) BETWEEN:
BALAKRISHNA P.
S/O MOHAN M.S.
AGED 44 YEARS R/A No.1-352 SIMHAVANA HOUSE SAMPYA ARYAPU VILLAGE PUTTUR TALUK DAKSHINA KANNADA – 574201. …PETITIONER
(BY SRI. MOHAN MAIYA G.L., ADVOCATE) AND:
1.
THE SOUTH INDIAN BANK S I B ARCADE No.61, WHEELERS ROAD COX TOWN BENGALURU - 560005
Digitally signed by KIRAN KUMAR R Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:11493 WP No. 1066 of 2023
REPRESENTED BY ITS MANAGER.
2.
THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DAKSHINA KANNADA D C OFFICE MANGALURU – 575001.
3.
THE TAHSILDAR PUTTUR TALUK TALUK OFFICE PUTTUR, DAKSHINA KANNADA – 575201. …RESPONDENTS
(BY SRI. FRANCIS XAVIER, ADVOCATE FOR C/R1;
SRI. H.K. KENCHEGOWDA, AGA FOR R2 & R3 (MA NOT FILED))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
ORDER DATED 04.07.2018 IN NO.
MAG(2)CR/423/2018/47785/C4, PASSED BY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, DAKSHINA KANNADA (ANNEXURE A).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:11493 WP No. 1066 of 2023
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this writ petition challenging the
order dated 04.07.2018 passed by the Deputy Commissioner and District Magistrate, Dakshina Kannada vide Annexure-A.
2.
Learned counsel for respondent No.1-Bank submits that, the impugned order was challenged by the petitioner before the Debts Recovery Tribunal (‘DRT’ for short) in SA No.278/2018. The said application came to be dismissed vide order dated 22.03.2021 and he has produced the copy of the order passed by the DRT. He further submits that, subsequently, a sale notice was issued and the said sale notice was challenged before the DRT in SA No.793/2022. The said application also was dismissed vide order dated 08.05.2025.
3. As the DRT has dismissed SA No.278/2018 wherein the petitioner had challenged the impugned
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HC-KAR NC: 2026:KHC:11493 WP No. 1066 of 2023
Annexure-A, which has attained finality, this writ petition filed by the petitioner is not maintainable.
4. Accordingly, the writ petition is dismissed.
5. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of.
Sd/- (ASHOK S.KINAGI) JUDGE
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