Petition filed for Writ of Mandamus to direct Bank to execute Sale Certificate of auction property. Court disposed petition, holding that DRT Order quashed Possession Notice, thus substratum of writ withered away.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.13645 OF 2020(GM-RES)
BETWEEN:
SMT. Y GIRIJADEVI, AGED ABOUT 51 YEARS, W/O MR K CHANDRASHEKAR RESIDING AT NO.54/1, 3RD MAIN ROAD, NANJAPPA BLOCK, KEMPEGOWDA NAGARA, BENGALURU-19.
...PETITIONER
(BY SMT. LAKSHMAMMA S B, ADVOCATE)
AND:
(BY SRI. T P MUTHANNA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT OF WRIT OF MANDAMUS TO EXECUTE/ISSUE THE SALE CERTIFICATE OF PROPERTY SHOWN IN ANNEXURE-A DTD.26.2.2020 IN FAVOUR OF PETITIONER
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
Petitioner is knocking at the doors of Writ Court seeking a Writ of Mandamus to the respondent – Bank to execute/issue the Sale Certificate of the subject property on the ground that in the public auction, petitioner’s highest bid has been accepted and he has made payment of a certain amount of money.
“As regards Paras 1 to 4, the averments w2hich do not conform to the facts/documents are denied. It is submitted that the Petitioner had paid Rs.37,52,500/- being 25% of purchase price as EMD. As the Petitioner failed to pay the balance amount within 3 months from the date of sale confirmation, the amount paid as EMD was reversed and credited to her account no.0789101021876 maintained at Kempe Gowda Nagar Branch.”
parties and having perused the petition papers, this Court declines to grant indulgence in the matter in view of DRT Order dated 20.04.2021 made in S.A. No.226/2020 whereby the very Possession Notice itself has been
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quashed and matter is remitted for consideration afresh. Therefore the substratum on which the writ petition is founded has withered away.
In view of the above, the writ petition is disposed off. It is open to the petitoenr to participate in the auction if & when again held.
No costs.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the High Court should grant a Writ of Mandamus to direct the Bank to execute/issue a Sale Certificate of property based on the petitioner's highest bid in a public auction.
1 provisions across 1 enactments
SMT. Y GIRIJADEVI
AUTHORIZED OFFICER, CANARA BANK
ASSISTANT GENERAL MANAGER, CANARA BANK
KRISHNA S.DIXIT
As recorded by the court registry
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