Karnataka High Court
Sri Vigneshwara U vs State Of Karnataka on 15 February, 2017
Author: A.S.Bopanna
Bench: A S Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2017
BEFORE
THE HON'BLE MR. JUSTICE A S BOPANNA
WRIT PETITION No.44570/2016(SC/ST)
BETWEEN:
SRI. VIGNESHWARA U.,
S/O GIRIYAPPA GOWDA,
AGED ABOUT 37 YEARS ,
UBRALA HOUSE,
KOLLAMOGRU PO,
SULLIA TALUK, D.K - 574 218.
... PETITIONER
(BY SRI. A. KESHAVA BHAT, ADV.)
AND:
1. STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER,
D. K. DISTRICT,
MANGALORE - 575 001.
3. THE ASSISTANT COMMISSIONER,
PUTTUR SUB DIVISION,
PUTTUR, D. K. - 574 201.
4. THE TAHASILDAR,
SULLIA TALUK,
SULLIA - 574 239,
D K DISTRICT, D. K.
5. THE SUB REGISTRAR,
SULLIA TALUK,
SULLIA - 574 239,
D. K. DISTRICT.
2
6. SALE OFFICER,
S. C. D. C. C. BANK LTD.,
KODIALBAIL - 572 101,
MANGALORE, D.K.
7. KOLLAMOGRU HARIHARA CO-OPERATIVE
AGRICULTURE BANK LIMITED,
HARI HARA PALLATHADKA PO.,
SULLIA TALUK, SULLIA - 574 218.
... RESPONDENTS
(BY SRI. DILDAR SHIRALLI, HCGP. FOR R1
TO R5. SRI. S.K. ACHARYA, ADV. FOR
R7. R6 SERVED & UNREPRESENTED)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO SET ASIDE
THE IMPUGNED ENDORSEMENT OF THE TAHASILDAR
DTD.10.7.2014 VIDE ANNEX-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner is before this Court assailing the endorsement dated 10.07.2014 impugned at Annexure-A to the petition. The petitioner is also seeking for issue of mandamus to direct respondent No.7 to confirm the sale and issue sale certificate to the petitioner. 3
2. Respondent No.6 had auctioned the schedule properties for recovery of its dues from one of its members. The petitioner is the successful bidder who had participated in the auction which was held on 24.03.2011. Pursuant to such auction, the sale certificate was to be issued for the purpose of having it registered with respondent No.5.
3. When this was the position, respondent No.7 addressed a letter seeking permission on the ground that the property which had been brought to sale was the land which had been granted to a person who belonged to the scheduled caste and the same had been mortgaged to respondent No.7 for securing the loan. In reply, respondent No.4 has issued the impugned endorsement dated 10.07.2014 informing that the leave as sought cannot be granted since the property is governed under the Karnataka Scheduled Castes and Scheduled Tribes 4 (Prohibition of Transfer of Certain Lands) Act, 1978. It is in that light the petitioner is before this Court.
4. Though several contentions are urged in this petition, the same need not be adverted to in detail since the position of law on this aspect has already been considered by this Court in several decisions, more particularly in the case of Honnalli Taluk Cooperative Agricultural and Rural Development Bank Ltd vs. Commissioner (ILR 2002 Kar 780) which has thereafter been followed in W.P.No.3864/2013 dated 28.04.2014. A similar situation has been considered in the said case and it is held that in respect of a mortgage made to a cooperative bank and the property being brought to sale, such permission is not required and the sale certificate as issued is required to be registered.
5. In that view, the impugned endorsement dated 10.07.2014 is quashed. A direction is issued to 5 respondent No.6 to confirm the sale and issue the sale certificate, if all other conditions are satisfied. On presentation of the same, respondent No.5 is directed to register the same in accordance with law.
The petition is accordingly disposed of.
Sd/-
JUDGE akc/pgg