BASAVANTH SHIVANAGOUDA PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India is filed assailing the order dtd. 26/5/2012 passed in proceedings bearing No.DRBGK/ABN/APPEAL/03.2011-12 by the respondent No.2 confirming the sale confirmation order dtd. 27/4/1998.

(2.) Heard the learned counsel for the parties and also perused the material available on record.

(3.) Facts leading to filing of this writ petition narrated briefly are; the petitioner was working as a secretary of respondent No.5-Society. He was dismissed from services on 18/4/1991 by the respondent No.5- Society on the allegation of misappropriation. A dispute thereafter was raised by the Society before the respondent No.3 which was allowed and an award was passed for recovery of Rs.6,52,944.00 from the petitioner. The said order was challenged by the petitioner in Appeal No.116/1995, which was allowed by the Karnataka Appellate Tribunal on 22/1/1996 and the matter was remanded to respondent No.3. After remand, respondent No.3 passed an award dtd. 13/9/1996 for recovery of a sum of Rs.4,20,613.00 with 18% interest from the petitioner from the date of award till recovery. Pursuant to the same, in execution of the award, the landed properties of the petitioner were brought for sale in an auction that was held on 25/3/1998 and the said sale was confirmed on 27/4/1998. Challenging the award dtd. 13/9/1996, the petitioner belatedly filed Appeal No.208/1998 before the Karnataka Appellate Tribunal, which was allowed on 12/4/2000 and the matter was once again remanded to respondent No.3 for fresh consideration. Challenging the said order passed in Appeal No.208/1998, respondent No.6 herein who is the auction purchaser had filed WP No.18218/2000, which was dismissed as withdrawn with an observation that the petitioner herein was at liberty to work out his rights to get back possession of the properties, which was sold for inadequate consideration. Though WP No.18218/2000 was disposed of by this Court on 12/7/2004, challenging the sale confirmation order dtd. 27/4/1998, the petitioner belatedly filed an Appeal before respondent No.2 herein in the year 2012, and the said Appeal was dismissed on the ground of delay and latches. Assailing the said order passed by respondent No.2 dtd. 26/5/2012, the petitioner is before this Court.