Kumara Swamy M. C. Vs Bearys Properties… — Writ and Judicial Review | Karnataka HC (2026)

Kumara Swamy M. C. Vs Bearys Properties… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the proclamation of sale dated 20.03.2017 of the schedule property issued by the Recovery Officer (Respondent No.4/R-4), sale fixed for 27.04.2017 (Annexure-H), should be quashed. +2 more

Ratio / Principle

On the memo taken on record, respondent No.1 has agreed to register the schedule residential property in the petitioner's name (as per the order dated 09.06.2025 and the State Consumer Disputes Redressal Commission order in E.A. No.44/2021), and, as per the respondents, the petitioner has paid the property tax up to date; hence nothing remains to be adjudicated in the writ petition.

Key takeaways

The writ petition is dismissed as infructuous.ratio¶52-53
All I.As. (interlocutory applications) in the writ petition shall stand closed.ratio¶54

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (Lalitha Kanneganti, J.), Oral Order dated 13-02-2026 in W.P. No. 16008 of 2017 (GM-DRT), filed under Articles 226 and 227 of the Constitution of India by Kumara Swamy M.C. The petitioner sought (i) quashing of the proclamation of sale dated 20.03.2017 issued by the Recovery Officer (R-4), Debt Recovery Tribunal-1, in respect of the schedule property, sale fixed for 27.04.2017 (Annexure-H); (ii) a direction to Respondents 2 and 5 (State Bank of Mysore officials) to adhere to the OTS offered and accepted by the Bank and to proceed against Respondent No.1 builder (Beary’s Properties & Development Pvt. Ltd.) under the tripartite agreement for registration of the schedule property in the petitioner's name; and (iii) a direction to Respondent No.3 (Hara Properties & Holdings) to register the schedule property forthwith. Counsel for the petitioner filed a memo stating that, as per the order dated 09.06.2025 and the State Consumer Disputes Redressal Commission order in E.A. No.44/2021, respondent No.1 had agreed to register the schedule residential property in the petitioner's name, and that, as per the respondents, the petitioner had paid the property tax up to date. Holding that nothing remained to be adjudicated, the Court dismissed the writ petition as infructuous and directed that all I.As. in the writ petition stand closed. No precedent was cited or considered.

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NC: 2026:KHC:9023 WP No. 16008 of 2017

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16008 OF 2017 (GM-DRT)

BETWEEN:

KUMARA SWAMY M. C. S/O. LATE CHANDRAIAH, AGED ABOUT 62 YEARS, A-022, BEARY LAKESIDE HABITAT, NO.18, SHANTHIVANA KODIGEHALLI, BANGALORE-560 009.

…PETITIONER

(BY SRI. S.VENKATESHWARAN, ADVOCATE)

AND:

BEARY’S PROPERTIES &

DEVELOPMENT PVT. LTD.,

BEARY HORIZON NO.21

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

WOOD STREET,

BANGALORE-560 025, REPRESENTED BY ITS DIRECTOR MR. SYED MOHAMMED BEARY, MR. ABDUL SIDDIQUE BEARY

CHIEF MANAGER

STATE BANK OF MYSORE, COFFEE BOARD LAYOUT BRANCH, HEBBAL, KEMPAPURA, BANGALORE-560 024.

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NC: 2026:KHC:9023 WP No. 16008 of 2017

HC-KAR

HARA PROPERTIES & HOLDINGS HARA HOUSE NO.1, GUTTE ANJANEYA TEMPLE STREET, HOSUR ROAD, WILSON GARDEN, BANGALORE-560 027

RECOVERY OFFICER-1

DEBT RECOVERY TRIBUNAL-1, BANGALORE-560 001

AUTHORISED OFFICER

STATE BANK OF MYSORE, SARC 1^ST FLOOR, 3RD BLOCK,

BKG COMPLEX, AVENUE ROAD,

BANGALORE-560 009

…RESPONDENTS (BY SRI. P.L.VIJAY KUMAR, ADVOCATE FOR C/R5 AND R2 SRI.P.B.APPAIAH, ADVOCATE FOR R1 SMT.SWATHI ASHOK, ADVOCATE FOR R3 R4 SERVED)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROCLAMATION OF SALE DATED 20.03.2017 OF THE SCHEDULE PROPERTY ISSUED BY RECOVERY OFFICER (R-4) BEING HELD ON 27.04.2017 AT ANNEXURE-H (COPY OF THE PROCLAMATION OF SALE NOTICE DATED 20.03.2017).

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

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NC: 2026:KHC:9023 WP No. 16008 of 2017

HC-KAR

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking the following

prayer:

“It is therefore most respectfully prayed that this Hon’ble court graciously be pleased to:

i. To quash the proclamation of sale dated 20.03.2017 of the schedule property issued by Recovery officer (Respondent No.4) being held on 27.04.2017 Annexure-H (Copy of the Proclamation of Sale notice dated 20.03.2017).

ii. To direct the respondents 2 and 5 of Bank to adhere to the OTS offered and accepted by the Bank and also to initiate proceeding against the Respondent No.1 Builder as per the Tripartite agreement in getting the schedule property registered in petitioner’s name.

iii. To direct the Respondent No.3 (Hara Properties and Holdings) to register the schedule property in the name of the petitioner forthwith without any delay.

iv. To pass such other orders or orders as this Hon’ble Court may deem fit and proper.

Learned counsel for the petitioner has filed a memo

stating that as per the order dated 09.06.2025 and as per the State Consumer Disputes Redressal Commission order in EA.No.44/2021, respondent No.1 has agreed to register the schedule residential property in the name of the petitioner. As per the respondents, the petitioner has paid the property tax

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NC: 2026:KHC:9023 WP No. 16008 of 2017

HC-KAR

up to date. Hence, in the light of said fact, it is submitted that nothing remains to be adjudicated in this writ petition. Memo is

taken on record.

Accordingly, the writ petition is dismissed as

infructuous .

All I.As., in the writ petition shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

BN

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