IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.48127 OF 2018 (GM-RES) BETWEEN:
P. KRISHNAPPA S/O. TIMMARAYAPPA, AGED ABOUT 59 YEARS, R/O. BAMBOO BAZAR, CHINTAMANI CITY, CHICKBALLAPUR DISTRICT – 563 125.
(BY SRI. P. S. BABU NARAYANA, ADV.) AND:
… PETITIONER 1. STATE BANK OF INDIA P.C.R. COMPLEX BRANCH, CHINTAMANI CITY, CHICKBALLAPUR DISTRICT- 563 125. REP BY ITS BRANCH MANAGER.
2. P. VENKATACHALAPATI, AGED ABOUT 65 YEARS, R/O. CHELUR ROAD, CHINTAMANI CITY– 563 125.
3. P. V. SRINIVASALU, S/O. P. VENKATACHALAPATI, AGED ABOUT 41 YEARS, R/O. CHELUR ROAD, CHINTAMANI CITY - 563 125.
4. VARALAKSHMI KOTIWADA, W/O. P. V. SRINIVAS, AGED ABOUT 37 YEARS, R/O. CHELUR ROAD, CHINTAMANI CITY – 563 125.
… RESPONDENTS (BY SRI. SHANKAR BHAT B., ADV. FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SALE CERTIFICATE DATED 05.02.2018 WHICH IS MARKED AS ANNEXURE-F, ISSUED BY THE R-1 IN FAVOUR OF THE R-3 AND 4 AND DIRECT THE R-1 TO CONDUCT THE AUCTION PROCEEDINGS AFRESH, PERMITTING THE PETITIONER TO PARTICIPATE IN THE SAME AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner inter alia seeks for issue of writ of mandamus and quash the sale certificate dated 05.02.2018 which is marked as Annexure-F issued by respondent No.1 in favour of respondent Nos.3 and 4 and direct respondent No.1 to conduct the auction proceedings afresh, permitting the petitioner to participate in the same.
2. On perusal of the record, I deem it appropriate to dispose of the writ petition with a liberty to the petitioner that in case a representation with regard to his grievance is made to the competent authority within a period of two weeks from the date of receipt of certified copy of the order passed today, the same shall be decided by the competent authority in accordance with law by a speaking order within a period of four months from the date of receipt of such a representation.
3. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid direction, the petition is disposed of.
Sd/- JUDGE Mds/-