Petitioners challenged a Canara Bank sale auction notification regarding a Bengaluru site. The court was informed that, owing to an interim order dated 25.01.2023, the scheduled auction of 20.12.2022 was never held, leaving nothing to decide.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:19103 WP No. 1917 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1917 OF 2023 (GM-RES)
BETWEEN:
VINAYAKA NAGAR, J P NAGAR 5TH PHASE BENGALURU -560 017.
…PETITIONERS
(BY SRI. ABHIJEET S.K RAI.,ADVOCATE)
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:19103 WP No. 1917 of 2023
…RESPONDENTS
(BY SRI. VIGNESH SHETTY.,ADVOCATE FOR C/R-1)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE AUCTION NOTIFICATION DATED 20/12/2022 ONLY IN RESPECT OF PROPERTY BEARING SITE NO.40, BBMP KHATA NO.248/242/233/161/1-40, PUTTENAHALLI (DORASANIPALYA) BBMP WARD NO. 187, ARAKERE SUB-ZONE, BENGALURU TALUK MEASURING 1200 HUNDRED SQUARE FEET WITH 8 SQUARE BUILDING, ISSUED BY THE R-1 VIDE ANNEXURE-A TO THE WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner submits that in view of the interim order dated 25.01.2023 passed by this Court in the present petition, the Sale Auction scheduled to be conducted on 20.12.2022 was not conducted by the respondents and as such the present petition has been rendered infructuous. It is however, submitted that liberty may be reserved in favour of the petitioner to take recourse to such remedies as available in law including approaching this Court once again subsequently in the event
NC: 2024:KHC:19103 WP No. 1917 of 2023
respondents initiates a fresh auction or take action / fresh steps against the petitioner.
Subject to the aforesaid directions and reserving liberty in favour of the petitioner, petition stands disposed of.
Sd/JUDGE
DHA List No.: 1 Sl No.: 5
1 issue framed by the court
Whether the writ petition survived after the challenged sale auction was not conducted due to the interim order.
2 provisions across 1 enactments
Gururaj Bhimsen Kulkarni
Geetha Kulkarni
Canara Bank
Gururaj D Kulkarni
M/S Antele Bio Fuels Pvt Limited
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
