Dismissed

Sri. Rayappa S/O Dundappa Badiger v. Daneshwari Vividdodeshagala Souharda Sahakari Niyamitha Hukkeri

Karnataka HC1 Sept 2022WP/103263/2022

Case brief

AI extract

What is this about?

Writ petition filed to quash an auction notice issued by a recovery officer against a cooperative society member for loan default. The court dismissed the petition, citing it as devoid of merits since the petitioner failed to challenge the underlying award.

What did the court decide?

The writ petition was dismissed as it was devoid of merits without awarding any specific relief.

Sri. Rayappa S/O Dundappa Badiger Vs Daneshwari… — Cooperative Societies | Karnataka HC (2022)

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WP No. 103263 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 1^ST DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 103263 OF 2022 (CS-DAS)

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BETWEEN:

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SRI. RAYAPPA S/O DUNDAPPA BADIGER AGE. 60 YEARS, OCC. AGRICULTURE, R/A DADABANAHATTI THANA, HATTARAHKI, TAL. HUKKERI, DIST. BELAGAVI – 591 309.

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…PETITIONER

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(BY SRI SANTOSH APPASAB BIRANAGI, ADVOCATE)

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AND:

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DANESHWARI VIVIDDODESHAGALA SOUHARDA SAHAKARI NIYAMITHA HUKKERI, TAL. HUKKERI, DIST. BELAGAVI.

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THE RECOVERY OFFICER,

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ASSISTANT REGISTRAR FOR CO-OPERATIVE KARNATAKA STATE SOUHARDA FEDERAL

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CO-OPERATIVE LTD., MARGOSA ROAD, 18TH CROSS, MALLESHARAM, BENGALURU 560055.

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…RESPONDENTS

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(BY SRI VINAYAK S. KULKARNI, AGA FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT OF

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WP No. 103263 of 2022

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CERTIORARI OR DIRECTION TO QUASH THE IMPUGNED AUCTION NOTICE ISSUED BY RESPONDENT NO.2 BEARING NO KA.RA.SOU.SAM.SA.NI/SA.SA.NI/VAA/1145/2021-22. DATED 04.06.2022 AS PER ANNEXURE-D. SO FAR AS PETITIONER IN THIS WRIT PETITION IS CONCERNED.

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THIS PETITION COMING ON FOR PLEMINARY HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING.

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ORDER

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The petitioner has borrowed loan from the respondent No.1 – Society. He has committed default in repayment of the said loan. The respondent No.1 – Society has initiated necessary proceedings and an award dated 30.08.2021 has been passed in its favour. It has sought to have the same executed and accordingly respondent No.2 has issued a notice dated 04.06.2022 wherein petitioner has been called upon to pay the award amount, failing which the property belonging to him as mentioned in the scheduled to the notice would be auctioned and the award amount would be realised. Aggrieved by the same, the instant writ petition is filed.

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WP No. 103263 of 2022

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Strangely the petitioner has not challenged the said award and learned counsel for the petitioner on questioning is unable to state whether the said award has been challenged or not. If the petitioner is aggrieved by an award passed against him, he has to challenge the same in the manner known to law. What has been challenged in the instant writ petition is only the notice issued pursuant to the award. There is no error in the same. The writ petition being devoid of merits is hereby dismissed.

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Sd/JUDGE

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SSP

Sri. Rayappa S/O Dundappa Badiger v. Daneshwari Vividdodeshagala Souharda Sahakari Niyamitha Hukkeri

Case brief

What is this about?

What did the court decide?

Sri. Rayappa S/O Dundappa Badiger v. Daneshwari Vividdodeshagala Souharda Sahakari Niyamitha Hukkeri

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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