Dismissed¶36

Sri Krishnegowda S N v. the Union Bank of India

Karnataka HC14 Oct 2025WP/26317/2024

Case brief

AI extract

What is this about?

Karnataka High Court writ petition dismissed as withdrawn; Krishnegowda S N (Hassan/Arakalagudu) v. Union Bank of India, Gorur Branch; challenge to e-auction notification dated 9.09.2024 over schedule lands under 'Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002' (as printed) allegedly contrary to section 31(i); prayer to re-open Cash Credit Account No. 560101000026978; withdrawal memo dated 10.7.2025 after interim-order clearance of dues; infructuous; Articles 226 and 227; GM-RES; Justice Suraj Govindaraj; 14 October 2025; advocates K R Lingaraju (petitioner) and Shibaz Khausar (bank); NC: 2025:KHC:41064.

What did the court decide?

None; writ petition dismissed as withdrawn at the petitioner's instance after clearance of dues. ¶36

Sri Krishnegowda S N Vs the Union Bank of India — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:41064 WP No. 26317 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 26317 OF 2024 (GM-RES)

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BETWEEN:

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SRI KRISHNEGOWDA S N, S/O LATE NINGEGOWDA, AGED ABOUT 53 YEARS, R/AT SHAMBUNATHAPURA VILLAGE, KASABA HOBLI, ARAKALAGUDU TALUK, HASSAN DISTRICT - 573102.

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…PETITIONER

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(BY SRI K R LINGARAJU, ADVOCATE)

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AND:

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THE UNION BANK OF INDIA, GORUR BRANCH, HASSAN - ARAKALAGUD ROAD, GORUR, ARAKALAGUD ROAD, HASSAN-573 120, REP. BY ITS AUTHORIZED OFFICER, REGIONAL OFFICE, HASSAN

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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…RESPONDENT

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(BY SRI SHIBAZ KHAUSAR, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE E-AUCTION NOTIFICATION DATED 9.09.2024 IN SO FAR AS PETITIONER RESPECT OF SCHEDULE LANDS ISSUED BY THE RESPONDENT UNDER "SECULARIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002", SAME IS CONTRARY TO SECTION 31(I) OF THE ACT, VIDE ANNEXURE-A ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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NC: 2025:KHC:41064 WP No. 26317 of 2024

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HC-KAR

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ORAL ORDER

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The petitioner is before this Court seeking for the following reliefs:

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a. "Issue a Writ or Order in the nature of certiorari quashing quash the E-auction notification dated 9.09.2024 in so far as petitioner respect of schedule lands issued by the respondent under "Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002." same is contrary to section 31(i) of the Act., vide ANNEXURE-A.

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b. Direct the Respondent Bank to consider the request of the petitioner to re-open the 'Cash Credit' Account bearing no. 560101000026978 by accepting the IT., returns and the audit report of the previous year, as the same are full fill the criteria to reopen the account,

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c. Pass such other order or orders as this Hon'ble Court deems fit under the facts and circumstances of the case including the cost of the proceedings, so as to meet the ends of justice and equity."

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A memo dated 10.7.2025 has been filed signed by the learned counsel for the Petitioner seeking withdrawal of the petition, which reads as under:

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“That in the present case the petitioner had sought to quash the auction proceedings on the property mortgaged before the respondent, that in pursuant to interim order the petitioner had cleared all the dues and at present the writ petitioner is not survival for consideration and has become infructuous. Hence, seek permission to with draw the present writ

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