Balakrishna G Vs Punjab National Bank

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE ORDER OR DIRECTION DIRECTING THE RESPONDENT TO FORTHWITH AND LAWFULLY CONSIDER THE REPRESENTATION DATED 03.09.2025, ANNEXED AS ANNEXURE-A, AND ENSURE THE COMPLETE AND FULL ENFORCEMENT OF THE ORDER DATED 11.06.2025, PASSED BY THE HONBLE CHIEF JUDICIAL

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2 - NC: 2026:KHC:14862 WP No. 28634 of 2025

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HC-KAR

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MAGISTRATE, BENGALURU RURAL DISTRICT, IN CRL.MISC. NO. 564/2025, ANNEXED AS ANNEXURE-C AND ETC.

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

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed seeking the following

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prayer:

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"1. Issue a writ of mandamus or any other appropriate order or direction directing the Respondent to forthwith and lawfully consider the representation dated 03.09.2025, annexed as ANNEXURE A, and ensure the complete and full enforcement of the order dated 11.06.2025, passed by the Hon'ble Chief Judicial Magistrate, Bengaluru Rural District, in Crl.Misc.No. 564/2025, annexed as ANNEXURE C.

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2. Issue a writ of mandamus or any other appropriate order or direction directing the Respondent to hand over the complete, full, and vacant physical possession of the entire extent of the property, i.e., 36,125 sq. ft., to the Petitioner, in accordance with the terms of the Sale Certificate dated 20.03.2024, registered as Document No. KEN-I Part-III(a)-000012024-25, issued under Rule 9(6) of the Security Interest (Enforcement) Rules, 2002, for a consideration of Rs. 4,03,00,000/- (Rupees Four Crores Three Lakhs only), annexed as ANNEXURE B, issued by the Respondent in favour of the Petitioner.

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NC: 2026:KHC:14862 WP No. 28634 of 2025

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HC-KAR

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3. Pass any other order that this Honourable Court may deem fit under the facts and circumstances of the case, in the interest of justice and equity."

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It is the case of the petitioner that the petitioner is a auction purchaser of the immovable property bearing Survey No. 14/1, measuring 36,125 sq.ft. situated at Sompura Village, Kengeri Hobli, Bengaluru South Taluk. The Bank had sold the property in public auction on 14.03.2024 and a Sale Certificate was issued on 20.03.2024. It is the grievance of the petitioner that the Bank has not handed over the original document and also the possession to him. In that regard, he has made a representation dated 03.09.2025 to the respondent.

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The learned counsel appearing for the respondent/ Bank submits that the possession is already handed over to the petitioner. Be that as it may, the petitioner has given a representation on 03.09.2025 to the respondent. Hence, this court is passing the following:

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ORDER

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