MR. SUDHAKAR G.K v. BRANCH MANAGER, SOUTH CANARA DISTRICT
Case at a glance
Outcome
Disposed of
the petition stands disposed of
Provisions considered
- Constitution of India art. 227
Key paragraphs
- Para 44. Placing the submission of Sri. Rakshith Kumar., learned counsel respondent No.1 that a proper valuation report would be obtained as on date from a approved valuer, which should be taken to be the reserve price at the time auction of the property of the…
Judgment
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.4883 OF 2025 (CS-RES) BETWEEN:
1. MR. SUDHAKAR G.K. S/O LATE APPUKKAN G.K., AGED ABOUT 64 YEARS.
2. MRS. HEMALATHA .B W/O SUDHAKAR G.K. AGED ABOUT 61 YEARS, BOTH ARE PETITIONERS ARE R/AT 2-144Z (18), AKSHAYAM, 2ND CROSS ROAD, CHITHRANJALI NAGARA, KUMPALA, MANGALORE-22. …PETITIONERS RAGHAVENDRA Location: HIGH COURT OF KARNATAKA (BY SRI AJAY PRABHU M., ADVOCATE) AND:
BRANCH MANAGER, SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD., MANGALURU-575003 KANKANADY-PUMPWELL BRANCH.
THE RECOVERY OFFICER CO-OPERATIVE SOCIETIES, SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD., MANGALURU-575003 REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959. …RESPONDENTS - 2 - NC: 2025:KHC:25617 WP No. 4883 of 2025 HC-KAR (BY SRI RAKSHITH KUMAR, ADVOCATE FOR R-1 & R-2- THE RECOVERY OFFICER CO-OPERATIVE SOCIETIES, SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD., MANGALURU) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AUCTION ORDER/NOTICE BEARING CASE NO.JRM/D.D.S/344/2022- 23 (C.E.P. NO.215/2023-24) DATED 15.01.2025 AS PER ANNEXURE- A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER
1. The petitioners are before this Court seeking for following reliefs; i. ii. iii. Issue writ of certiorari or any other appropriate writ or order to quash the impugned auction order/notice No.JRM/D.D.S/344/2022-23 (C.E.P. No.215/2023- 24) dated 15.01.2025 as per Annexure-A. bearing Issue writ of mandamus or any other appropriate writ or order or direction to the Respondents to obtain valuation report from authorized evaluator and fix reserve price of the property and then proceed to auction the property in accordance with law. Issue any other writ or order or direction that deems fit to grants in the circumstances of the case in the interest of justice and equity.”
2. After arguing for sometime, learned counsel for the petitioner submits that the respondents could go on - 3 - NC: 2025:KHC:25617 WP No. 4883 of 2025 HC-KAR with the auction but however before the auction is conducted, a proper valuation report needs to be obtained on which basis the reserve price be fixed in the auction conducted.
Sri. Rakshith Kumar., learned counsel appearing for respondent No.1 would submit that would be the normal procedure which should be adopted by respondent No.1. In view of said submission, the request of the petitioner is deemed to have been considered and allowed.
Operative part
Placing the submission of Sri. Rakshith Kumar., learned counsel respondent No.1 that a proper valuation report would be obtained as on date from a approved valuer, which should be taken to be the reserve price at the time auction of the property of the petitioner. the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 68
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: the petition stands disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.