Canara Bank Vs the Joint Commissioner

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NC: 2026:KHC:13739 WP No. 4750 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 4750 OF 2026 (GM-DRT)

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BETWEEN:

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CANARA BANK, ASSET RECOVERY MANAGEMENT BRANCH-I, 2^ND FLOOR, CIRCLE OFFICE, NO.86, SPENCER TOWER, M.G. ROAD, BANGALORE-560 001. REPRESENTED BY ITS MR. PITABASHA ACHARYA.

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…PETITIONER

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(BY SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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THE JOINT COMMISSIONER BBMP BRUHAT BENGALURU MAHANAGARA PALIKE, MALLESHWARAM, BANGALORE-560 003.

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THE CHAIRMAN/CHIEF EXECUTIVE DATTAPRASAD CO-OPERATIVE HOUSING SOCIETY LTD., 260, 10^TH MAIN ROAD, MALLESHWARAM, BENGALURU-560003.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.146, SAHAKARASOUDHA, 3^RD FLOOR, 3^RD MAIN, 8^TH CROSS, MALLESWARAM, BENGALURU-560003.

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NC: 2026:KHC:13739 WP No. 4750 of 2026

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HC-KAR

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THE SUB-REGISTRAR, BBMP BRUHAT BENGALURU MAHANAGARA PALIKE, MALLESHWARAM, BANGALORE-560003.

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MR. ANAND MULKY S/O. LATE SRI. G.R. MULKY, RESIDING AT NO.43/1, DATTAPRASAD APARTMENTS, 10^TH MAIN, MALLESWARAM, BANGALORE-560003.

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…RESPONDENTS

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(BY SRI. MANJUNATH. K, HCGP FOR R1 AND R3; SRI. N. D. SATISHCHANDRA, ADVOCATE FOR R2; SRI. B.S. KARTHIKEYAN, ADVOCATE FOR R4; V/O DTD 21.2.2026 - NOTICE TO R5 IS DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENT NO.2 THE CO-OPERATIVE SOCIETY TO CONSIDER THE REPRESENTATION DATED 04.02.2025 AND REPRESENTATION DATED 27.11.2025 ANNEXURE-H FORTHWITH TO TRANSFER OF OWNERSHIP AND TRANSFER THE SHARES PERTAINING TO FLAT NO. A3/1 IN DATTAPRASAD APARTMENT, AND ISSUE THE SHARE CERTIFICATE IN FAVOUR OF THE AUCTION PURCHASERS PURSUANT TO THE SALE CERTIFICATE ISSUED UNDER THE SARFAESI ACT 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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NC: 2026:KHC:13739 WP No. 4750 of 2026

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HC-KAR

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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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"WHEREFORE, the Petitioner most respectfully prays that this Hon'ble Court may be pleased to:

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(a) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing Respondent No.2- the Co-operative Society to Consider the Representation dated 27.11.2025 ANNEXURE-H forthwith to transfer of ownership and transfer the shares pertaining to Flat No.A3/1 in "Dattaprasad Apartment", and issue the share certificate in favour of the auction purchasers pursuant to the Sale Certificate issued under the SARFAESI Act;

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(b) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing Respondent No.1 and 4-BBMP to consider the Representation dated 24.01.2025 ANNEXURE-F and representation dated 21.07.2025 ANNEXURE-G to register the Sale Certificate and effect transfer and bifurcation of E-Khata in respect of Flat No.A3/1 in favour of the auction purchasers.

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(c) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing Respondent No.3-the Registrar of Co-operative Societies to consider the representation dated 04.12.2025 to exercise its statutory powers and ensure compliance by Respondent No.2 in transferring the shares and issuing the share certificate in accordance with law in ANNEXURE-J is representation dated 04.12.2025.

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(d) Grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.

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NC: 2026:KHC:13739 WP No. 4750 of 2026

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HC-KAR

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(e) Award costs of this Writ Petition."

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Petitioner is the Canara Bank. It is the case of the

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petitioner that respondent No.4 had availed various credit facilities from the petitioner/bank by mortgaging Flat No.A3/1 situated in "Dattaprasad Apartment", after obtaining prior permission from respondent No.2-the Society. A registered memorandum of title deeds was duly executed in favour of the petitioner/bank and also respondent No.4 had created an equitable mortgage by depositing the title deeds. When respondent No.4 had committed persistent defaults in payment, the bank had initiated the proceedings under the provisions of the SARFAESI Act. Thereafter, the secured asset was brought to sale through a public auction conducted on 27.09.2024. The sale was conducted and the petitioner/bank issued a sale certificate under Rule 9(6) of the Security Interest (Enforcement) Rules, 2002 and physical possession of the property was handed over to the auction purchasers. Thereafter, they have addressed several representations on 24.01.2025, 04.02.2025, 21.07.2025 and 11.12.2025 to the respondents requesting the transfer of shares in respect of Flat

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HC-KAR

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No.A3/1, execution of the transfer deed, cooperation for registration of the sale certificate and facilitation of issuance of E-Khata. The petitioner/bank have addressed the representations on 24.01.2025 to respondent No.1/BBMP seeking transfer and bifurcation of E-Khata. However, the BBMP has failed to take any action. Then, further representation dated 04.02.2025 was addressed to respondent No.2 seeking transfer of ownership in favour of the auction purchaser, but the Society refused to transfer the shares and recognize the auction. It is stated that the petitioner/bank had submitted a representation dated 21.07.2025 to the Sub-Registrar, BBMP for registration of sale certificate, which the property sold in auction by the petitioner/bank. It is the case that in spite of repeated representations of the petitioner/bank, the respondents have failed to consider the same. Hence, the petitioner/bank is constrained to come before this Court.

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Learned counsel appearing for the petitioner/bank had relied on the judgment of the Co-ordinate Bench of this Court in the case of Sri. T. Bharath Gowda Vs. State of

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NC: 2026:KHC:13739 WP No. 4750 of 2026

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HC-KAR

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Karnataka and others¹ wherein the Court had passed the

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order and the operative portion of the order is as follows:

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" i. The writ petition is allowed.

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ii. Mandamus issued to the 2^nd respondent/SubRegistrar to register the document brought before him by the petitioner forthwith; the moment copy of this order is brought to his notice, without brooking any delay.

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iii. The State Government is directed to issue a Circular to all the Sub-Registrars in the State in tune with this order so that persons, who are wanting to get their documents registered, need not every time knock at the doors of this Court.

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iv. The Circular to be so issued shall bear reference to the Rules and the judgment of the Hon'ble Apex Court quoted in this order.

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v. Compliance with issuance of Circular be reported to this Court within eight weeks from the date of receipt of a copy of this order. "

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Learned counsel relying on the above said order

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submits that there shall be a direction to the respondents to do the needful. Respondent No.1 is the Joint Commissioner, BBMP, respondent No.2 is the Chairman/Chief Executive of "Dattaprasad Co-operative Housing Society Ltd.", respondent No.3 is the Registrar of Co-operative Societies, respondent No.4 is the Sub-Registrar. The petitioner has given representations to respondent Nos.1, 2 and 4.

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1 W.P.No.7872/2024 dated 28.05.2024

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NC: 2026:KHC:13739 WP No. 4750 of 2026

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HC-KAR

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Learned counsel appearing for respondent No.2,

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submits that respondent No.2 is a private party and not a State as per Article 12 of the Constitution of India as such no writ petition lies against respondent No.2. Notice to respondent No.5 is dispensed with vide order dated 21.02.2026.

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Having heard the learned counsels on either side, perused the material on record. As far as respondent Nos.1 and 4 are concerned, the petitioner/bank has already given the representation on 24.01.2025, 04.02.2025, 21.07.2025 and 11.12.2025, when a representation is given by the petitioner/bank, the respondents are obligated to consider the same in accordance with law. As rightly submitted by the learned counsel for respondent No.2, the writ is not maintainable against respondent No.2. The petitioner/bank is seeking a direction was granted in the case of Sri. Bharath Gowda’s case referred Supra. In the considered opinion of this Court, when the limited relief that is sought before this Court is to dispose of the representation, giving a positive direction to the respondents is nothing but expanding the scope of the writ

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HC-KAR

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petition. In that view of the matter, this Court is passing the following:

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ORDER

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i. Respondent Nos.1 and 4 are directed to consider the representations dated 24.01.2025, 04.02.2025, 21.07.2025 and 11.12.2025 in accordance with law within a period of four weeks from the date of receipt of copy of the order.

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ii. Accordingly, the writ petition against respondent No.2 is dismissed .

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

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SD/(LALITHA KANNEGANTI) JUDGE

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BN

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List No.: 1 Sl No.: 34

Canara Bank v. the Joint Commissioner

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Canara Bank v. the Joint Commissioner

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