IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 3RD DAY OF JANUARY, 2014

BEFORE

THE HON’BLE MR JUSTICE K L MANJUNATH

Writ Petition No. 24170 of 2012 (GM-RES)

BETWEEN:

SRI BHUVANESH S/O MAHABALA SHETTY AGED ABOUT 54 YEARS R/AT NO.2-31/1 RAYASA HOUSE, POST AND VILLAGE NARIKOMBU, BANTWALA TALUK DAKSHINA … PETITIONER

[By Sri Mahesh Kiran Shetty, Adv.]

AND:

1. CORPORATION BANK A NATIONALIZED BANK, HAVING ITS BRANCH OFFICE AT VVN BUILDING, MAIN ROAD, PANEMANGALORE, – 574 231, REP. BY ITS AUTHORIZED OFFICER

2. SRI R VENKATA RAO S/O VENKATARAMAIAH, MAJOR, RAYASA HOUSE, NARIKOMBU VILLAGE, TALUK, DISTRICT.

3. SRI VASUDEVA MAYYA S/O SHIVARAMA NAYYA, MAJOR, 2

RAYASA HOUSE, NARIKOMBU VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT. … RESPONDENTS

[By Sri V B Ravishnakar, Adv. for R1; R2 & R3 are served – Absent]

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF , PRAYING TO QUASH THE SALE NOTICE DATED 15.06.2012 NEWS PAPER AND DATED 17.06.2012 PUBLISHED IN UDAYAVANI MANIPAL EDITION FIXING THE AUCTION ON 18.07.2012 VIDE ANNEXURE – C AND ETC.,

THIS PETITION COMING ON FOR PRELIMINARY HEARING, ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

According to the petitioner, he is residing as a tenant in premises bearing No.2-31/1 situated at Narikombu village in Bantwal taluk, which is brought for sale under the SARFAESI Act, by the 1 st respondent Bank due to non discharge of the loan by the owner of the property.

Therefore, the present petition is filed challenging the sale notice on the ground that if the property is sold under the

SARFAESI Act, the petitioner would be dispossessed.

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2. Having heard the counsel for the parties, the petitioner being a tenant cannot challenge the sale.

However, even if the Bank sells the property under the Act, the petitioner cannot be evicted, If he is a lawful tenant. At best the tenancy has to be atoned in favour of the auction purchaser.

With the above observation, the petition is disposed of.

Sd/- JUDGE

Ak