IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.25640 & 26301 OF 2018 (GM-RES) BETWEEN:
1. P.C. JOSEPH S/O. LATE CHACKO AGED ABOUT 80 YEARS KEDHALAGUDE KERAHALLI VILLAGE REPPONPET POST HOSANAGARA TALUK SHIMOGA DISTRICT-577 246.
2. VARGHESE P.J. S/O. P.C. JOSEPH AGED ABOUT 51 YEARS BENAVALLI VILLAGE KENCHANALU POST RIPPON PET HOSANAGARA TALUK SHIVAMOGGA DISTRICT-577 426. ... PETITIONERS (BY SRI. ABDUL RAZAK, ADV.) AND:
1. THE AUTHORISED OFFICER KARNATAKA BANK LIMITED HUMCHA BRANCH THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT-577 436.
2. THE MANAGER KARNATKA BANK LIMITED HUMCHA BRANCH THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT-577 436. … RESPONDENTS (BY SRI. A. MADHUSHUDHANA RAO, ADV. FOR R1 AND R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION BY QUASHING AUCTION NOTICE DATED 08.06.2018 IN ANNEXURE-A ISSUED BY THE RESPONDENTS AND ALL FURTHER PROCEEDINGS THERETO.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr.Abdul Razak, learned counsel for the petitioners and Mr. A. Madhusudhana Rao, learned counsel for respondents 1 and 2.
2. The writ petitions are admitted for hearing.
With the consent of learned counsel for the parties, the matters are heard finally.
3. When the matters are taken up for hearing, learned counsel for the respondents submitted that the petitioners have filed these writ petitions seeking inter alia a writ against the Karnataka Bank Limited, which is not a authority within the meaning of Article 12 of the Constitution of India. In support of the aforesaid submission, the learned counsel for the respondent- Bank has placed reliance on a Division Bench decision of this Court in ‘KARNATAKA BANK LIMITED, BENGALURU, .VS. SRI. M. SURESH’ 2017(1) KCCR 228.
4. In view of the aforesaid enunciation of law by the Division Bench of this Court, learned counsel for the petitioners seeks leave of this Court to withdraw the petitions with liberty to the petitioners to take recourse to the remedy as may be available under law.
5. Reserving the aforesaid liberty, the petitions stand disposed of.
Sd/- JUDGE *alb/-.