Mrs Uma Suresh v. State of Karnataka
Case brief
What is this about?
The Court rejected a writ petition challenging an auction notice that favored a 4th respondent over petitioners who held a prior attachment order. The Court held that since a Division Bench directed payment to the 4th respondent, the petitioners could not claim the auction was contrary to law. The petition was dismissed.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28th DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No. 18116 OF 2022 (GM-RES)
BETWEEN:
1 . MRS. UMA SURESH W/O SURESH G., AGED ABOUT 63 YEARS R/AT 212, 5TH MAIN ROAD 10TH CROSS, NGEF LAYOUT NAGARBHAVI, BENGALURU – 560 072.
2 . MR. SURESH G., S/O LATE GANESH NAIG AGED ABOUT 65 YEARS R/AT 212, 5TH MAIN ROAD 10TH CROSS, NGEF LAYOUT NAGARBHAVI BENGALURU – 560 072.
... PETITIONERS
(BY SRI SUDHARSAN SURESH, ADVOCATE)
AND:
- 1 . STATE OF KARNATAKA DEPARTMENT OF LAND REVENUE VIDHANA SOUDHA
Issues for consideration
3 issues framed by the court
Whether the writ petition challenging an auction notice dated 24.08.2022 which favored respondent No.4 over the petitioners has merit in light of the Division Bench order.
Whether the petitioners can claim the auction was erroneous and contrary to law when the Division Bench consolidated the amount to be paid to the 4th respondent.
Whether the endorsement declining the petitioners' representation should be quashed due to ignoring their prior claim.
Parties & counsel
- petitioner
Mrs. Uma Suresh W/o Suresh G.
- petitioner
Mr. Suresh G.
- respondent
State of Karnataka Department of Land Revenue
- respondent
The Deputy Commissioner Bengaluru District
- respondent
Deputy Thasildar Bengaluru South Taluk
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · June
- Registered
- Case no.
- WP/18116/2022
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