IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14220 OF 2024 (GM-DRT)

BETWEEN:

CANARA BANK, HOSKOTE BRANCH, WARD NO.6, KAVERI COMPLEX, COLLEGE MAIN ROAD, M.V. EXTENSION, HSAKOTE - 562 114.

…PETITIONER (BY SRI. SHETTY VIGNESH SHIVARAM.,ADVOCATE)

AND:

1. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, ROOM NO.627, 6^TH FLOOR, GATE-1, Digitally signed by SUVARNA T M.S BUILDING , DR.B.R.AMBEDKAR VEEDHI, Location: HIGH BENGALURU 560 001.

COURT OF KARNATAKA

2. SUB REGISTRAR, HOSAKOTE SUB REGISTRAR OFFICE, HOSAKOTE, BENGALURU.

3. ASSISTANT COMMISSIONER AND COMPETENT AUTHORTY, VINIVINK ORGANIZATION INVESTOR CLAIMS ENQUIRY DIVISION, BENGALURU. 5^TH FLOOR, VISHVESHWARAYYA KENDRA, DR. AMBEDKAR VEEDHI, BENGALURU 560 001.

4. UNDER SECRETARY TO GOVERNMENT REVENUE DEPARTMENT (SPECIAL CELL)

VIDHANA SOUDHA, BENGALURU 560 001.

5. STATE OF KARNATAKA, THROUGH HOSKOTE POLICE STATION, HOSKOTE KARNATAKA, REP. BY GOVERNMENT PLEADER.

6. SMT. SARVAMANGALA, W/O SRI APPU RAO M.S.

MAJOR IN AGE, R/A NO.22, SRI RAYARA NIVASA, ROY SINGH LAYOUT, HOSAKOTE, BENGALURU RURAL 562 114.

…RESPONDENTS (BY SRI.MAHANTESH SHETTAR.,AGA FOR R1,R2,R4 & R5;

SRI.VEERESH BUDIHAL., ADVOCATE FOR R3;

SRI.SWAROOP S., ADVOCATE FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A) DIRECTION SETTING ASIDE THE GAZETTE NOTIFICATION DATED 15/03/2023 BEARING NO. E-RD 22 GRC 2022 ISSUED BY THE R4 IN SO FAR THE SCHEDULE PROPERTY IS CONCERNED (ANNEXURE-E) AND B) SETTING ASIDE THE DIRECTION DATED 12/06/2023 BEARING NO. NGR/CR/01/2023-24 ISSUED BY THE R3 TO THE R2 IN SO FAR THE SCHEDULE PROPERTY IS CONCERNED (ANNEXURE-F) AND C) DIRECTION ON THE R2 TO REGISTER THE SALE CERTIFICATE DATED 30/03/2024 BEARING REF. NO. RO/DEV/SC/SS/30032023 ISSUED BY THE PETITIONER IN FAVOUR OF R6 (ANNEXURE-B) AND D) DIRECTION ON THE JURISDICTIONAL POLICE TO ASSIST THE PETITIONER IN HANDOVER POSSESSION OF THE SCHEDULED PROPERTY TO THE AUCTION PURCHASER.

THIS WRIT PETITION, COMING ON FOR DICTATING JUDGMENT HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed by the petitioner/Canara Bank seeking the following prayer:

"PRAYER WHEREFORE the Petitioner prays that this Hon'ble court may be pleased to:

a) Issue a writ in the nature of certiorari or any other appropriate writ or direction setting aside the gazette notification dated 15.03.2023 bearing No. E-RD 22 GRC 2022 issued by the Respondent No.4 in so far the schedule property is concerned. (Annexure-E)

b) Issue a writ in the nature of certiorari or any other appropriate writ setting aside the direction dated 12.06.2023 bearing No. NGR/CR/01/2023-24 issued by the Respondent No.3 to the Respondent No.2 in so far as the Schedule Property is concerned. (Annexure-F)

c) Issue a writ in the nature of mandamus or any other appropriate writ or direction on the Respondent No.2 to register the sale certificate dated 30.03.2024 bearing Ref.No.RO/DEV/SC/SS/30032023 issued by the Petitioner in favour of Respondent No.6. (Annexure-B)

d) Issue a writ in the nature of mandamus or any other appropriate writ or direction on the jurisdictional police to assist the Petitioner in handover possession of the scheduled property to the auction purchaser.

e) Grant any other order or direction as may deem fit in the circumstances of the case."

2. The facts of the case are that one Late Shivakumar R had approached the petitioner/Bank for a housing loan in the year 2020 for an amount of Rs.2,32,00,000/- for construction of residential building. For the said housing loan, one Mr.Praveen Kumar S and one Smt. Varalakshmi S were the co-

borrowers and also Mr. Pawan Kumar, who is the co-borrower is also the legal heir of late Mr. Sivakumar. After considering the application of the borrowers, the petitioner/Bank sanctioned the housing loan facility of an amount of