IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21^ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 101687 OF 2021 (GM-RES)

BETWEEN:

1. SRI. MOHAMMED SADARUDDIN @

SADRUDDIN S/O. MOHAMMED NAJEERUDDIN @ NAJEERUDDIN INAMADAR, AGE. 32 YEARS, OCC. HUSK BUSINESS, R/O. #4456 NEAR KALLABHAVI T.G. ROAD HANGAL, DIST. HANGAL-581104

2. MOHAMMED MOINUDDIN @ MOINUDDIN MOHAMMED NAJEERUDDIN @

NAJEERUDDIN INAMADAR, AGE. 28 YEARS, OCC. HUSK BUSINESS, R/O. #4456 NEAR KALLABHAVI, T.G.ROAD, HANGAL-581104, DIST HAVERI.

Digitally signed …PETITIONERS by MOHANKUMAR (BY SMT SHAILA BELLIKATTI, ADV)

B SHELAR Location: HIGH COURT OF AND:

KARNATAKA

1. BRANCH MANAGER THE AKKI-ALUR URBAN CO-OPERATIVE BANK LTD., AKKI-ALUR-581102, TQ HANGAL, DIST HAVARI.

2. BASAVARAJ S/O SHIVANANDAPPA BELLAD AGE 59 YEARS, OCC BUSINESS, R/O AKKI-ALLUR, TQ HANGAL, DIST HAVERI-581102.

…RESPONDENTS (BY SRI. A.S. PATIL, ADV FOR R1, SRI. I.C. PATIL, ADV FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A. ISSUE WRIT OF CERTIORARI FOR QUASHING OF SALE DEED DATED 13.03.2020 VIDE ANNEXURE-B EXECUTED BY AUTHORIZED OFFICER OF RESPONDENT NO.1 IN FAVOUR OF RESPONDENT NO.2 IN VIEW OF AUCTION HELD DATED 27.02.2020 PURSUANT TO PUBLIC AUCTION SALE NOTICE DATED 24.01.2020 HELD BY RESPONDENT NO.1 VIDE ANNEXURE-A.

B. ISSUE WRIT OF CERTIORARI FOR QUASHING OF NOTICE DATED 06.05.2020 VIDE ANNEXURE-C ISSUED BY THE RESPONDENT NO.1 CALLING UPON THE PETITIONERS TO PAY RS.28,816/- STATING THAT PETITIONERS ARE DUE OF RS.28,816/- TOWARDS LOAN TRANSACTION.

C. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.1 TO ISSUE FRESH AUCTION BY PROPERLY VALUING THE SCHEDULE PROPERTY WHICH IS WORTH 2 CRORES AND CONDUCT FRESH AUCTION AS SCHEDULE PROPERTY IS UNDER VALUED AND DIRECT RESPONDENT NO.1 TO PAY BALANCE AMOUNT OF SALE OF CONSIDERATION TO THE PETITIONERS & ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’

GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. The petitioners filed this writ petition challenging the sale deed dated 13.03.2020 vide Annexure B executed by the authorised officer of Respondent No. 1 in favour of respondent No. 2 in furtherance of auction held on 27.02.2020 and also challenging the notice dated 06.05.2020 vide Annexure C issued by Respondent No. 1 calling upon the petitioners to pay Rs. 28,816/-.

2. Brief facts leading rise to the filing of this writ petition are as follows:

3. The petitioners are the owners of TMC No. 4763/42, 4763/43, 4763/44, 4763/45, 4763/46 and 4763/47 land of Hangal and their names are entered in the revenue records. The petitioner No. 1 availed loan of Rs.18,00,000/- and out of it, Rs.9,63,000/- was credited to the loan account of Petitioner No. 1. The petitioner No. 2 availed a loan of Rs.18,00,000/- and loan was credited to the loan account of petitioner No. 2. The petitioners committed a default in repayment of the same. They received a demand notice from Respondent No. 1 and further, a possession notice came to be issued. The Deputy Commissioner of Haveri ordered that the petitioners are liable to pay principal amount and interest i.e., Rs.18,66,200/- and Rs. 18,46,300/- respectively. Further, the respondent No. 1 issued a notice to the petitioners stating the due amount to be Rs.21,34,236/- as of 21.02.2018. The auction notice regarding the said properties came to be issued by the authorised officer of Respondent No. 1. The petitioners objected the same by filing their objections stating that the valuation of the property was on lower side. However, the said properties were sold in public auction to Respondent No.2 for Rs.51,51,000/- vide the sale deed dated 13.03.2020. The petitioners issued a notice calling upon respondent No. 1 to pay the balance amount of Rs. 2 crore, after deducting the loan amount on the ground that the valuation was on the lower side. However, the petitioners received no response from th