Sri. N.M.Chandrashekar v. The State of Karnataka

NC:(2025:KHC:54715( WP(No.(38165(of(2025( ( , ,,HC-KAR( ( (

IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(19 (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, Digitallytisigned by0MEGHA REVENUE,DEPARTMENT, MOHAN Location: M.S.BUILDING,, HIGH0COURT OF KARNATAKA 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,,, NC:(2025:KHC:54715( WP(No.(38165(of(2025( ( , ,,HC-KAR( ( ( 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:,

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."

¶2As 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.

Hence, nothing survives for consideration as far as the first prayer is concerned.

¶3Learned 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.

¶4Learned 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.

¶5Considering 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.

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

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