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2026 DAILYLAW 38279 (KAR)

SRI S SAMPATH RAJE URS v. THE KARNATAKA STATE CONSUMER

WP/26461/2026 · 2026-09-03

D K Singh, H Shanthi Bhushan

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010590832026 NC: 2026:KHC:48123-DB WP No. 26461 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT PETITION NO. 26461 OF 2026 (GM-CON) BETWEEN: SRI. S SAMPATH RAJE URS, S/O.SRI.SUGANDARAJE URS, AGED ABOUT 49 YEARS, R/AT NO.265, LAKSHMI NIVASA, 8TH MAIN ROAD, 1ST PHASE, BCC LAYOUT, CHANDRA LAYOUT, BENGALURU-560 040. AADHAAR NO 2792 5656 5332 …PETITIONER (BY SRI. DILEEP.N.,ADVOCATE) AND: 1. THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BASAVA BHAVANA, BASAVESHWARA CIRCLE, HIGH GROUNDS, BENGALURU-560 001. REPRESENTED BY ITS REGISTRAR. 2. SRI.HARSHA.M.R, S/O.SRI.RAMACHANDRA RAO, AGED ABOUT 46 YEARS, R/AT NO.364, 2ND C CROSS, 3RD STAGE, 3RD BLOCK, BASAVESHWARANAGAR, BENGLAURU-560 079. 3. SMT.GANAVANI.P W/O.SRI.HARSHA.M.R AGED ABOUT 42 YEARS, Digitally signed by MALA K N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010590832026 NC: 2026:KHC:48123-DB WP No. 26461 of 2026 R/AT NO.364, 2ND C CROSS, 3RD STAGE, 3RD BLOCK, BASAVESHWARANAGAR, BENGLAURU-560 079. 4. EQUITAS SMALL FINANCE BANK, REPRESENTED BY ITS BRANCH MANAGER, MALLATHALLI BRANCH, BENGALURU-560 056. …RESPONDENTS (BY SRI.H.T.VASANTH KUMAR, ADVOCATE FOR R2 & R3; SRI.B.C. AVINASH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ANNEXURE-A ORDER DATED 30/07/2026 PASSED BY RESPONDENT NO.1/STATE COMMISSION IN EXECUTION PETITION NO.SC/29/EA/17/2025, WHEREBY RESPONDENT NO.1 HAS DIRECTED THE TAHSILDAR, CHANNAPATNA, TO PROCEED WITH THE AUCTION OF THE SCHEDULE PROPERTY AND B) IN THE ALTERNATIVE, ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENT NO.1 TO RECONSIDER THE EXECUTION PROCEEDINGS AFTER TAKING INTO CONSIDERATION THE SUBSISTING MORTGAGE.CHARGE OF RESPONDENT NO.4 - BANK, THE ACTUAL DECRETAL AMOUNT, THE VALUATION OF THE SCHEDULE PROPERTY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010590832026 NC: 2026:KHC:48123-DB WP No. 26461 of 2026 CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) Learned counsel for the petitioner submits that he does not have any instructions in the matter. 2. On the last date of hearing i.e., on 24.08.2026 we had passed the following order. “Subject to depositing a sum of Rs.85 lakhs (Rupees Eighty Five Lakhs) on or before 31.08.2026, the impugned order dated 30.07.2026 shall be kept in abeyance. Issue emergent notice to respondent Nos.2, 3 and 4. In addition to normal mode of service, the petitioner should serve respondents through hand summons. Post this petition on 03.09.2026.” 3. The said order has not been complied with. There is no representation other than Sri. Dileep N., learned counsel for the appellant, who submits that he - 4 - HC-KAR CNR: KAHC010590832026 NC: 2026:KHC:48123-DB WP No. 26461 of 2026 does not have instructions to appear. We therefore, dismiss this Writ Petition. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 1 Sl No.: 10