Sri Srinivas Bhaskar Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri Srinivas Bhaskar Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioners' grievance redressed: the Commissioner's report recorded handing over of symbolic possession and Document No.1 recorded the petitioners' taking of actual physical possession of Site nos. 13 and 14; the writ petition was disposed off on that basis.

Issue for consideration

Whether an appropriate writ in the nature of mandamus should issue directing respondents 2 and 3 (Union Bank of India) to hand over vacant physical possession of the petition schedule property to the petitioners (auction purchasers). +1 more

Court's answer

The Commissioner appointed under the Court's interim direction filed a report recording handing over of symbolic possession.

Ratio / Principle

Document No.1 to the Commissioner's report records the petitioners' submission that they have taken actual physical possession of Site nos. 13 and 14.

Key takeaways

Taking note of the Commissioner's Report and placing on record appreciation for the Court Commissioner's efforts, the writ petition is disposed off, the petitioners' grievance having been redressed.ratio¶56

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (NC: 2025:KHC:24200), S Sunil Dutt Yadav, J., Oral Order dated 04.07.2025 in WP No. 8698 of 2025 (GM-RES) under Articles 226 and 227 of the Constitution of India: Petitioners, auction purchasers, sought a writ of mandamus directing respondents 2 and 3 (Union Bank of India) to hand over vacant physical possession of the petition schedule property as requested per their letter dated 19.02.2025 (Annexure-N). On 19.06.2025 the Court, on petitioners' I.A.1/2025 under Section 151 CPC asserting a person was residing in the shed on the auction-purchased premises, appointed Advocate Commissioner Ms. Akshata Sharma (provisional sum Rs.20,000/-) to inspect the shed, open the lock, photograph it and verify third-party presence. The Commissioner's report recorded handing over of symbolic possession, and Document No.1 disclosed the petitioners' submission that they had taken actual physical possession of Site nos. 13 and 14; petitioners' counsel submitted the grievance stood redressed. Taking note of the Commissioner's Report, the writ petition was disposed off. No precedents cited.

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NC: 2025:KHC:24200 WP No. 8698 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

WRIT PETITION NO. 8698 OF 2025 (GM-RES)

BETWEEN:

SRI SRINIVAS BHASKAR S/O. BHASKAR, AGED ABOUT 39 YEARS, AADHAR NO.2461 1279 2268 R/AT 102, RAGHVENDRA COLONY, PADARAJ MUTT, CHAMARAJPET, BENGALURU-560 018.

SRI. SRIRANGA HARISH PANDIT S/O. HARISH V, AGED ABOUT 44 YEARS, AADHAR NO. 8424 3257 5466 R/AT NO.2, 1ST FLOOR, ANJANEYA TEMPLE STREET, BENGALURU-560 002.

Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA

…PETITIONERS

(BY SRI. B RAJA SUBRAHMANYA BHAT., ADVOCATE)

AND:

STATE OF KARNATAKA REP. BY POLICE INSPECTOR, KENGERI POLICE STATION, BENGALURU-560 060.

M/S. UNION BANK OF INDIA REP. BY ITS AUTHORIZED OFFICER, VONTIKOPPAL BRANCH REGIONAL OFFICE, NO. 2254 KOUSALYA, 3^RD FLOOR

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NC: 2025:KHC:24200 WP No. 8698 of 2025

HC-KAR

VINOBA ROAD MYSURU-570 005.

THE BRANCH MANAGER UNION BANK OF INDIA NO.13/1, 13/2 TEMPLE ROAD V V MOHALLA MYSURU-570002.

…RESPONDENTS

(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1; SRI. SATYANARAYANA., ADVOCATE FOR R2 AND R3)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENTS 2 AND 3 BANK DIRECTING THEM TO HANDOVER VACANT PHYSICAL ACTUAL POSSESSION OF THE PETITION SCHEDULE PROPERTY TO THE PETITIONERS AS REQUESTED AS PER LETTER DATED 19.02.2025 VIDE ANNEXURE-N.

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

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

Petitioners have sought for issuance of appropriate

writ in the nature of mandamus to direct respondents 2 and 3 to hand over vacant physical possession of the petition schedule property to the petitioners.

This Court on 19.06.2025 had passed interim direction as follows:

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NC: 2025:KHC:24200 WP No. 8698 of 2025

HC-KAR

"Petitioners have filed an application I.A.1/2025 under Section 151, CPC and have sought for certain relief and it is asserted that a person is residing in the shed and accordingly the premises that the auction purchaser has purchased is not vacant.

Learned counsel appearing for the respondent - Bank submits that as on the date of proposed hand over of keys to the petitioner, the shed was vacant and scrap items were removed as on 30.05.2025 and submits that they are not aware of any subsequent event.

However, in light of the contentions raised, it would be appropriate to appoint an Advocate as Commissioner to visit the site to inspect the shed to open the lock and take photographs of the shed and verify if there is any third person in the shed and whether the shed is empty. Both parties are at liberty to file their memo of instructions. The Commissioner to affix notice in consultation with the counsel on record.

The said report to be filed, by the next date of hearing.

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NC: 2025:KHC:24200 WP No. 8698 of 2025

HC-KAR

Both parties to bear their share of expenditure incurred insofar as the Commissioner's work is concerned.

The court fixes a provisional sum of Rs.20,000/for the Commissioner.

Ms. Akshata Sharma, Advocate, No.2/2, 1^st Floor, Margosa Road, Near 13^th Cross Malleshwaram, Bangalore-560003[[email protected]] is appointed as Commissioner.

Copy of intimation to be given.

Commissioner to complete instructions as ordered, within a period of one week.

Re-list the matter on 04.07.2025."

Pursuant to the said report, the Commissioner

has filed a report and has recorded handing over of symbolic possession. Document No.1 to the said report discloses the submission of the petitioners that they have taken actual physical possession of Site nos. 13 and 14.

Learned counsel for petitioners submits that grievance of the petitioners has been redressed.

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NC: 2025:KHC:24200 WP No. 8698 of 2025

HC-KAR

Accordingly, taking note of the Commissioner's

Report by placing on record the appreciation for the efforts

of the Court Commissioner, the writ petition is disposed

off .

Sd/(S SUNIL DUTT YADAV) JUDGE

VP