Auction purchaser sought quashing of two e-auction sale notices and preparation/delivery of 11-E sketches, phodi records and sale certificate for land at Dodderi Grama. The court found an efficacious remedy under Section 17 SARFAESI Act before the DRT and disputed factual questions unfit for Article 226/227 adjudication.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2180 OF 2021 (GM-RES)
C/W
WRIT PETITION NO. 56152 OF 2018(KLR-RES)
C/W
WRIT PETITION NO. 7512 OF 2023 (GM-RES)
IN WP NO.2180/2021
BETWEEN:
SRI. KARAN RAMSISARIA S/O CHANDRAPRAKASH RAMSISARIA, AGED ABOUT 30 YEARS, RESIDING AT NO.23, GOLLAHALLI VILLAGE, JIGANI HOBLI, BANNERGHATTA BANGALORE-560 083.
…PETITIONER
(BY SRI. PARASMAL B @ PARAS JAIN.,ADVOCATE)
Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA
AND:
…RESPONDENTS
(BY SRI. K.R. PARASHURAM., ADVOCATE FOR R1;
NC: 2024:KHC:24594 WP No. 2180 of 2021 C/W WP No. 56152 of 2018 WP No. 7512 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE PUBLISHED IN HINDU NEWS PAPER DATED:18.01.2021 (BANGALORE EDITION) VIDE ANNX-H. DIRECT THE R-1 TO GET 11-E SKETCH PREPARED IN RESPECT OF LAND BEARING SY.NO.75/23 MEASURING TO THE EXTENT OF ACRES 2.10 GUNTAS (OUT OF THE TOTAL EXTENT OF AC 3.10 GUNTAS), SY.NO.76/01 MEASURING TO THE EXTENT OF AC 3.16 GUNTAS, SY.NO.76/06 MEASURING TO THE EXTENT OF 6 GUNTAS AND SY. NO.76/13 MEASURING TO THE EXTENT OF 8 GUNTAS SITUATED AT DODDERI GRAMA, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK, ALL AGGREGATING TO 6 ACRES, AS CONTEMPLATED UNDER 131 (c) OF KARNATAKA LAND REVENUE ACT, 1964.
IN WP NO. 56152/2018
BETWEEN:
SRI. KARAN RAMSISARIA S/O. CHANDRAPRAKASH RAMSIASARIA, AGED ABOUT 28 YEARS, RESIDING AT NO.23, GOLLAHALLI VILLAGE, JIGANI HOBLI, BANNERGHATTA, BANGALORE-560 083.
…PETITIONER
(BY SRI. PARASMAL B @ PARAS JAIN.,ADVOCATE)
AND:
NC: 2024:KHC:24594 WP No. 2180 of 2021 C/W WP No. 56152 of 2018 WP No. 7512 of 2023
JAYANAGAR, BANGALORE-82.
…RESPONDENTS
(BY SRI. SUDEV HEGDE, AGA FOR R3; SRI. B.C. AVINASH, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO GET 11-E SKETCH PREPARED, IN RESPECT OF LAND BEARING SY.NO.75/23 MEASURING TO THE EXTENT OF ACRES 2.10 GUNTAS (OUT OF THE TOTAL EXTENT OF AC 3.10 (GUNTAS), SY.NO.76/01 MEASURING TO THE EXTENT OF AC/3.16 GUNTAS, SY.NO.76/06 MEASURING TO THE EXTENT OF AC0.6 GUNTAS AND SY.NO.76/13 MEASURING TO THE EXTENT OF ACRES 0.8 GUNTAS SITUATED AT DODDERI GRAMA, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK, CONTEMPLATED UNDER 131(c) OF KARNATAKA LAND REVENUE ACT, 1964 (ANNEXURE-K).
IN WP. NO. 7512 OF 2023
BETWEEN:
SRI. KARAN RAMSISARIA S/O. CHANDRAPRAKASH RAMSIASARIA, AGED ABOUT 32 YEARS, RESIDING AT NO.23, GOLLAHALLI VILLAGE, JIGANI HOBLI, BANNERGHATTA, BANGALORE-560 083.
…PETITIONER
(BY SRI. PARASMAL B @ PARAS JAIN.,ADVOCATE)
AND:
NC: 2024:KHC:24594 WP No. 2180 of 2021 C/W WP No. 56152 of 2018 WP No. 7512 of 2023
NAVBHARAT CHAMBERS, RAJBHAVAN ROAD, SOMAJI GUDA, HYDERABAD-500 082 (A.P). REPRESENTED BY ITS ASSISTANT GENERAL MANAGER.
REGISTERED OFFICE, 5TH FLOOR, DANI CORPORATE PARK, 158, CST ROAD, KALINA, SANTACRUZ (E), MUMBAI-400098. CIN :U67190MH200PTC168303, EMAIL ID: [email protected] REP. BY ITS AUTHORIZED OFFICER.
…RESPONDENTS
(R-1 SERVED BUT UNREPRESENTED; SRI. B.C. AVINASH, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE PUBLISHED IN PUBLIC NOTICE FOR ONLINE E-AUCTION, IN BUSINESS STANDARD, NEWSPAPER, BANGALORE EDITION, DATED 13-03-2023, FIXING THE DATE OF AUCTION OF 05-04-2023 (WEDNESDAY) BETWEEN 2 PM TO 3 PM. TO THE WRIT PETITION (ANNEXURE-C).
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER
WP.No.2180/2021 is filed for the following reliefs:
a) Writ of Certiorari or such other order or writ quashing the Sale Notice published in Hindu News paper dated:18.01.2021 (Bangalore edition) Annexure – H to the writ petition.
b) And further prays for Writ of Mandamus or such other order or writ directing the Respondent No.1 to get 11-E sketch prepared in respect of Land Bearing Sy.No.75/23 measuring to the extent of Acres 2.10 guntas (out of the total extent of ac 3.10 guntas), Sy.No.76/01 measuring to the extent Ac 3.16 guntas, Sy.no.76/06 measuring to the extent of 6 guntas and Sy. No.76/13 measuring to the extent of 8 guntas situated at Dodderi Grama, Tavarekere Hobli, Bangalore South Taluk, all aggregating to 6 acres, as contemplated under 131 (c) of Karnataka Land Revenue act, 1964.
c) And further prays for Writ of Mandamus or such other order or writ directing the Respondent -1 to make necessary applications before the Revenue department of the concerned village and get Phodi Durasth of each survey numbers, Mutation Extracts of each survey numbers, Mutation registration Extract of each survey number, latest records of rights (RTC) of each survey numbers. 11-E Sketch of each survey numbers from survey departments, and Tax pair receipt of each survey numbers.
d) And further prays for Writ of Mandamus or such other order or writ directing the Respondent No.1 to deliver 11-E sketch to the Petitioner, in respect of Land bearing Land bearing Sy.No.75/23 measuring to the extent of Acres 2.10 guntas (out of the total extent of Ac 3.10 guntas), Sy.No.76/01 measuring to the extent of Ac 3.16 guntas, Sy.No.76/06 measuring to the extent of 6 guntas and Sy.No.76/13 measuring to the extent of 8 guntas situated at Dodderi Grama, Tavarekere Hobli, Bangalore South Taluk, all aggregating to 6 acres.
e) And further prays for Writ of Mandamus or such other order or writ directing the Respondent No.1 to issue Sale Certificate in favour of the Petitioner, after receiving balance sale consideration and after delivering 11-E sketch to the Petitioner, in respect of Land bearing Land bearing Sy.No.75/23 measuring to the extent of Acres 2.10 guntas (out of the total extent of ac 3.10 guntas), Sy.No.76/01 measuring to the extent of ac 3.16 guntas, Sy.No.76/06 measuring to the extent of 6 guntas and Sy.No.76/13 measuring to the extent of 8 guntas situated at Dodderi Grama, Tavarekere Hobli, Bangalore South Taluk, all aggregating to 6 acres.
f) To issue writ of mandamus or such other order or writ that it cannot import the words “As is where is and As is what is” when the property is being sold under the provisions of SARFEASI Act 2002, as owner of the property. It has the right to disclose the encumbrances attached to the property or that the property is free from the encumbrances.
g) To direct the Respondent No.1 to deliver the peaceful possession of the said property, to the petitioner, simultaneously or execution of sale certificate in favour of the petitioner”.
2. WP.No.56152/2018 is filed for the following reliefs:
a) Writ of Mandamus or such other order or writ directing the Respondent No.4 to get 11-E sketch prepared, in respect of Land bearing Sy. No. 75/23 measuring to the extent of Acres 2.10 guntas (out of the total extent of Ac 3.10 guntas), Sy. No. 76/01 measuring to the extent of Ac 3.16 guntas, Sy.No.76/06 measuring to the extent of Ac 0.6 guntas and Sy. No. 76/13 measuring to the extent of Acres 0.8 guntas situated at Dodderi Grama, Tavarekere Hobli, Bangalore South Taluk, as contemplated under 131 (c) of Karnataka Land Revenue Act, 1964, [Annexure- K],
b) To direct the Respondent No.4 to locate and identify the Land bearing Sy. No. 75/23 measuring to
NC: 2024:KHC:24594 WP No. 2180 of 2021 C/W WP No. 56152 of 2018 WP No. 7512 of 2023
the extent of Acres 2.10 guntas (out of the total extent of Ac 3.10 guntas), Sy. No. 76/01 measuring to the extent of Ac 3.16 guntas, Sy. No. 76/06 measuring to the extent of Ac 0.6 guntas and Sy.No.76/13 measuring to the extent of Acres 0.8 guntas situated at Dodderi Grama, Tavarekere Hobli, Bangalore South Taluk and get the said land Phodied by Revenue Department, so that the location of the property is identified.
c) To direct the Respondent No.4 to make necessary applications before the revenue department of the concerned village and get Phodi Durasth of each survey numbers, Mutation Extracts of each survey numbers, Mutation Registration Extract of each survey numbers, latest records of rights [RTC] of each survey numbers. 11-E Sketch of each survey numbers from survey departments, and Tax paid receipt of each survey numbers.
a) Writ of Certiorari or such other order or writ quashing the Sale Notice published in public notice for online E-Auction, in Business Standard, Newspaper, Bangalore Edition, dated 13-03-2023, fixing the date of auction on 05-04-2023 (Wednesday) between 2:00 PM to 3:00 PM. to the Writ Petition; (Annexure-C).
b) And further prays for Writ of Mandamus or such other order or writ directing the Respondent No.1 to get 11-E sketch prepared, in respect of Land bearing Land bearing Sy.No.75/23 measuring to the extent of Acres 2.10 Guntas (out of the total extent of Ac 3.10 Guntas), Sy. No. 76/01 measuring to the extent of Ac 3.16 Guntas, Sy.No.76/06 measuring to the extent of 6 Guntas and Sy.No.76/13 measuring to the extent of 8 Guntas situated at Dodderi Grama, Tavarekere Hobli, Bangalore South Taluk, all aggregating to 6 acres, as contemplated under 131 (c) of Karnataka Land Revenue Act, 1964.
c) And further prays for Writ of Mandamus or such other order or writ directing the Respondent No.1 to make necessary applications before the Revenue
department of the concerned village and get Phodi Durasth of each survey numbers, Mutation Extracts of each survey numbers, Mutation Registration Extract of each survey number, latest records of rights [RTC] of each survey numbers. 11-E Sketch of each survey numbers from survey departments, and Tax paid receipt of each survey numbers.
d) And further prays for Writ of Mandamus or such other order or writ directing the Respondent No.1 to deliver 11-E sketch to the Petitioner, in respect of Land bearing Sy. No.75/23 measuring to the extent of Acres 2.10 Guntas (out of the total extent of Ac 3.10 Guntas), Sy.No.76/01 measuring to the extent of Ac 3.16 Guntas, Sy. No. 76/06 measuring to the extent of 6 Guntas and Sy. No.76/13 measuring to the extent of 8 Guntas situated at Dodderi Grama, Tavarekere Hobli, Bangalore South Taluk, all aggregating to 6 acres.
e) And further prays for Writ of Mandamus or such other order or writ directing the Respondent No.1 to issue Sale Certificate in favour of the Petitioner, after receiving balance Sale consideration, and after delivering 11-E sketch to the Petitioner, in respect of Land bearing Sy. No. 75/23 measuring to the extent of Acres 2.10 Guntas (out of the total extent of Ac 3.10 Guntas), Sy. No. 76/01 measuring to the extent of Ac 3.16 Guntas, Sy. No. 76/06 measuring to the extent of 6 Guntas and Sy.No.76/13 measuring to the extent of 8 Guntas situated at Dodderi Grama, Tavarekere Hobli, Bangalore South Taluk, all aggregating to 6 acres.
f) To issue Writ of Mandamus or such other Order or Writ directing the Respondents that it has to sell the property free from all the encumbrances, as on the date of confirmation of the sale, the public notice didn't disclose any encumbrances over the property.
available before any Court/Forum including approaching the jurisdictional DRT under Section 17 of the SARFAESI Act by filing an appeal in accordance with law.
reserved in favour of the petitioner and keeping open all contentions, petitions stand disposed of.
Sd/JUDGE
BS
List No.: 1 Sl No.: 64
2 issues framed by the court
Whether the sale notices published by UCO Bank could be quashed and 11-E sketches prepared for the survey numbers in question.
Could writ jurisdiction adjudicate reliefs involving disputed questions of fact when an appeal under Section 17 SARFAESI Act before the DRT is available?
3 provisions across 3 enactments
Karan Ramsisaria
UCO Bank Ltd., Asset Management Branch
Phoenix ARC Pvt Ltd
Mrs. Usha Ramani
The Assistant Commissioner, Bangalore South Taluk
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
