Writ petition filed to quash sale and auction notices. Court disposed of the petition reserving liberty to approach Debt Recovery Tribunal due to availability of an alternative remedy.
Writ petition dismissed with liberty to approach Debt Recovery Tribunal.
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WP No. 100110 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 100110 OF 2023 (GM-RES)
BETWEEN:
JAYARAM ANGADI S/O. VEERUPAKSHA ANGADI, AGE 54 YEARS, OCC-BUSINESS, NEHRU MARKET RANEBENNUR, DIST HAVERI, PIN CODE 581115
…PETITIONER (BY SRI PRASHANT MATHAPATI, ADVOCATE)
AND:
DIST HAVERI, PIN CODE 581115.
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad
…RESPONDENTS
(BY SRI PRASHANT V.MOGALI, HCGP FOR RESP.NOS.1 AND 2) (BY SRI K.L.PATIL, ADVOCATE FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SALE NOTICE DATED 25/11/2022 ISSUED BY THE RESPONDENT NO. 3 TO THE PETITIONER BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OF MANDAMUS OR DIRECTIONS TO RESPONDENT NO. 3 TO CONSIDER THE GRIEVANCE MADE BY THE PETITIONER AS PER ANNEXURE-G AND ISSUE OF WRIT OF CERTIORARI OR
WP No. 100110 of 2023
ANY OTHER WRIT OF CERTIORARI OR ANY OTHER WRIT OF QUASHING THE AUCTION SALE NOTICE PUBLISHED IN KANNADA PRABHA DATED 08-12-2022 WHEREIN THE AUCTION SALE SCHEDULED TO BE HELD ON 10-01-2023 AS PER ANNEXURE-H.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner sought for the following reliefs :
“a. QUASH THE IMPUGNED SALE NOTICE DATED 25/11/2022 ISSUED BY THE RESPONDENT NO. 3 TO THE PETITIONER BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OF MANDAMUS OR DIRECTIONS TO RESPONDENT NO. 3 TO CONSIDER THE GRIEVANCE MADE BY THE PETITIONER AS PER ANNEXURE-G.
b. ISSUE OF WRIT OF CERTIORARI OR ANY OTHER WRIT OF CERTIORARI OR ANY OTHER WRIT OF QUASHING THE AUCTION SALE NOTICE PUBLISHED IN KANNADA PRABHA DATED 08-122022 WHEREIN THE AUCTION SALE SCHEDULED TO BE HELD ON 10-01-2023 AS PER ANNEXURE-H.”
the petitioner in the present petition, having regard to the
WP No. 100110 of 2023
availability of equally efficacious and alternative remedy by way of approaching the Debt Recovery Tribunal, Bengaluru, petition is hereby disposed off reserving liberty in favour of the petitioner to take recourse to such remedy as available in law including approaching of Debt Recovery Tribunal.
Subject to the aforesaid direction and liberty, writ petition stands disposed off.
CKK
Sd/JUDGE
2 issues framed by the court
Whether the writ petition should be allowed to quash the impugned sale notice and auction sale notice.
Whether the availability of an alternative remedy via Debt Recovery Tribunal precludes the exercise of writ jurisdiction in this case.
1 provisions across 1 enactments
Jayaram Angadi
The Deputy Commissioner, Haveri
The Tahsildar, TQ-Ranebennur, Dist Haveri
State Bank of India, Ranebennur Branch
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
