M NAGARAJ Vs. SYNDICATE BANK

JUDGEMENT

(1.) Petitioner herein is impugning the order of Debt Recovery Tribunal, Bangalore, dated 22.6.2009 in AOR. No. 17/2008. Brief facts leading to this petition are as under:

(2.) It is seen that on 25.6.2007 the said sale certificate was presented by the petitioner before the jurisdictional Sub-Registrar for registration of the same. However, on such presentation, registration of said document was refused on the ground that the property is already registered in favour of second respondent-Karnataka Housing Board (KHB for short). On verification by the petitioner it is seen that on 11.11.2005 Y.R. Narayan Reddy had already sold the property in question in favour of KHB for formation of its layout in an extent of about 600 to 700 acres of land consisting of hundreds of residential sites. It is stated that the land in question is merged in the layout and upon which sites are already formed and KHB is in the process of allotting the same in favour of its various applicants from whom it has received applications for allotment.

(3.) When the matter stood thus, the petitioner approached the Recovery Officer by filing application in DCP No. 1954 in OA. No. 22/1999 seeking cancellation of the sale certificate issued in favour of petitioner, for the reason that said land is not in existence and it is merged in the layout which is formed by the second respondent-KHB, which application came to be dismissed by order dated 3.10.2008 vide Annexure-K. Against which an appeal in AOR No. 17/2008 in DCP. No. 1954 in OA. No. 22/1999 was filed by the petitioner. The said appeal also came to be dismissed vide order dated 22.6.2009 vide Annexure-N, which are impugned in this writ petition.