VIJAYA CHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The petitioner claims to be an auction purchaser of the property, which is claimed to belong to respondent Nos.4 to 6. Respondent No.4 had initially borrowed a sum of Rs.2,40,000.00 from respondent No.3/Bank as regards which respondent No.5/Kalu Naik had mortgaged the property bearing Sy.No.153/2 measuring 2 acres 80 cents at Hirbetttu Village, Udupi Taluk and District. The borrower having defaulted on the repayment of the loan, dispute was raised wherein an arbitrator was appointed and an award came to be passed in favour of the Bank. In execution of the said award, the aforesaid land came to be sold through auction by respondent No.3 on 29/9/2005, wherein the petitioner was the successful bidder.

(3.) Thereafter, respondent No.2 confirmed the auction sale vide its order dtd. 21/7/2010, which was challenged by respondent No.6 herein along with respondent No.4 as also two other sons of Kalu Naik in W.P.No.23599/2010 on the ground that the land being a granted land, the same could not be auctioned and provision of Sec. 4 of the Karnataka Scheduled Caste and Scheduled Tribes Act and Prohibition of Transfer of Certain Lands Act, 1978 (PTCL Act) would be applicable thereto and as such, in the said writ petition the confirmation of the auction was prayed to be quashed.