1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF DECEMBER, 2020

BEFORE

THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

WRIT PETITION No.7580 OF 2020 (GM-RES)

BETWEEN :

1 .

MRS. UMA SURESH

W/O SURESH G.

AGED ABOUT 63 YEARS

R/AT 212, 5TH MAIN ROAD

10TH CROSS, NGEF LAYOUT

NAGARABHAVI

BENGALURU-560 072

2.

MR.SURESH G.

S/O LATE GANESH NAIG

AGED ABOUT 65 YEARS

R/AT NO.212, 5TH MAIN ROAD

10TH CROSS, NGEF LAYOUT

NAGARABHAVI

BANGALORE-560 072

..PETITIONERS

(BY SRI. DHANANJAY K.V., ADVOCATE)

AND:

1.

STATE OF KARNATAKA

DEPARTMENT OF LAND REVENUE

VIDHANA SOUDHA

BANGALORE-560 001

REPRESENTED BY ITS SECRETARY

2.

THE DEPUTY COMMUISSIONER

BANGALORE DISTRICT

K.G.ROAD, NEAR DISTRICT

REGITRAR OFFICE, AMBEDKAR VEEDHI

2

SAMPANGI RAMA NAGARA

BANGALORE

KARNATAKA-560 009

3.

THASILDAR

NO.9/1, 19TH MAIN ROAD

2ND STAGE

NAGAPURA

RAJAJINAGAR

BANGALORE-560 010

4.

MANI RAMA MURTHY

AGED MAJOR

FATHERS NAME NOT KNOWN

NO.249, 2ND MAIN, 2ND BLOCK

4TH STAGE, VINAYAKA LAYOUT

NAGARBHAVI

BANGALORE-560 072

…RESPONDENTS

(BY SMT.NILOUFER AKBAR, AGA FOR R1 TO R3;

R4 SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE

RESPONDENTS TO REFUSE CONFIRMATION OF AUCTION SALE OF THE

SUBJECT PROPERTY AT ANY PRICE LOWER THAN THE RESERVE

PRICE/MARKET/GUIDLINE PRICE AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

Heard

Shri

Dhananjay

K.V.,

learned

advocate

for

petitioners and Smt.Niloufer Akbar, learned advocate for

respondents No.1 to 3.

3

2. Petitioners and respondent No.4 have obtained orders

from District Consumer Disputes Redressal Forum for refund of

money against M/s KRK properties Pvt. Ltd. as per order dated

17.11.2017. Pursuant to said order, the Tahasildar has brought

the property belonging to one Mr.K.R.Kannan, Director of M/s

KRK Properties Pvt. Ltd. for auction. Petitioners' grievance is

that property has been sold for a price which is much lower than

its actual price.

3. Learned AGA, on instructions from Special Tahasildar,

Mrs. Dhanalakshmi (respondent No.3) present in Court, submits

that Tahasildar having realised that the value of offer was much

lower than the actual value of its property, has refunded the sale

consideration to proposed auction bidder. However, in view of

the interim order passed by this Court, a formal order canceling

the auction has not been passed. She prays that Deputy

Commissioner may be permitted to pass formal order of

canceling the earlier auction based on the recommendation of

Tahasildar and thereafter to take further action to re-auction the

property.

4

4. Learned advocate for petitioner has no objections.

5. In the circumstances, this petition is disposed of

permitting the Deputy Commissioner to cancel the earlier auction

held on 25.07.2019 by passing necessary orders and refund the

amount to the bidder, if not already refunded and thereafter,

take further action to re-auction the property in question in

accordance with law.

No costs.

Sd/-

JUDGE

Yn.