Smt. Chikkamma Vs the Manager — Writ and Judicial Review | Karnataka HC (2025)

Smt. Chikkamma Vs the Manager — Writ and Judicial Review | Karnataka HC (2025)

1 - NC: 2025:KHC:35236 WP No. 7336 of 2019

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 7336 OF 2019 (GM-RES)

BETWEEN:

SMT. CHIKKAMMA W/O LATE SANNEGOWDA, AGED ABOUT 80 YEARS,

SRI. NAGARAJEGOWDA C S/O CHIKKAMOGA AGED ABOUT 59 YEARS,

BOTH ARE RESIDING AT S.I. HAGALAHALLY VILLAGE AND POST, C.A.KERE HOBLY, MADDUR TALUK, MANDYA DISTRICT - 571 422.

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

(BY SRI. H.K. KENCHEGOWDA, ADVOCATE)

AND:

…PETITIONERS

THE MANAGER STATE BANK OF INDIA, K.M. DODDI (BHARATHI NAGAR) BRANCH, C.A. KERE HOBLY, MADDUR TALUK, MANDYA DISTRICT - 571 422.

…RESPONDENT

(BY SRI. B.C. GURU, ADVOCATE)

2 - NC: 2025:KHC:35236 WP No. 7336 of 2019

HC-KAR

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED NOTICES BOTH DATED 20.01.2019 ISSUED BY THE RESPONDENT - BANK TO THE PETITIONERS VIDE ANNEXURE-A AND B RESPECTIVELY AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioners have challenged two Final Notices dated 20.01.2019 issued to them by the respondent-Bank calling upon them to pay a sum of Rs.5,21,558/- and Rs.4,75,576/- respectively with further interest within 15 days from the date of letter/notice, failing which it would sell the pledged gold ornaments.

The writ petition discloses that the petitioners had availed gold loan from the respondent-Bank and used the amount for agricultural activities. However, due to unseasonal rain, the crops failed and they were unable to

3 - NC: 2025:KHC:35236 WP No. 7336 of 2019

HC-KAR

pay the loan amount with interest. The respondent issued Public Notice dated 15.12.2017 in local Kannada daily Andolana News Paper fixing the date of sale of gold jewellery in a public auction on 21.12.2017. However, the auction did not take place on the said date.

Later, the respondent issued notices dated 09.05.2018 to the petitioners, calling upon the petitioners to regularize the loan account. The petitioners approached the Bank and requested for details of the outstanding amount. However, the respondent-Bank did not furnish any details but again issued notice on 02.08.2018 proposing to sell the gold jewellery in a public auction dated 08.08.2018. Petitioners submit that they paid Rs.10,000/- each on 21.12.2017 and Rs.25,000/- each on 08.08.2018 towards interest of the said loan to the Respondent-Bank. Nevertheless, the respondent-Bank issued Notices dated 20.01.2019 to the petitioners informing that the pledged gold articles would be sold in a public auction on 14.02.2019. Therefore, petitioners are

4 -

NC: 2025:KHC:35236 WP No. 7336 of 2019

HC-KAR

before this Court challenging the said notices on various

grounds.

The learned counsel for the petitioner is not

present.

The learned counsel for the respondent-Bank

submitted today that it has sold the pledged gold articles in a public auction dated 29.03.2019 and therefore, this writ petition has become infructuous.

In view of the aforesaid submission, this

petition does not survive for consideration and the same is

dismissed as having become infructuous .

Sd/(R. NATARAJ) JUDGE

PSJ

List No.: 1 Sl No.: 45 CT: BHK