Partly allowed

Arun Kumar v. the State of Karnataka

Karnataka HC5 Jul 2022WP/12246/2022

Case brief

AI extract

What is this about?

The High Court quashed sale auction notices issued by a Co-operative Society for auctioning the petitioner's property at the Society's Head Quarters contrary to Rules. The Court granted liberty to deposit dues to prevent prejudice after hearing counsel for the Society.

What did the court decide?

Quashed the impugned sale auction notices with liberty to the petitioner to deposit Rs. 2,50,000/- within three days and the remaining amount by 31.12.2022 via affidavit, allowing the Society to initi

Arun Kumar Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JULY 2022

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.12246/2022 (CS-RES)

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BETWEEN :

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ARUN KUMAR S/O RAJU POOJARY AGED ABOUT 34 YEARS RESIDING AT 1-68/3 NEAR SHRI. KALA MATHE MILK DAIRY BALKUNJE VILLAGE AND POST DAKSINA KANNADA - 574 154.

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... PETITIONER

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(BY SRI. RAJASHEKAR S., ADVOCATE)

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AND :

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THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION 1^ST FLOOR, VIKASA SOUDHA DR B. R. AMBEDKAR VEEDHI BENGALURU - 560 001 REP BY ITS PRINCIPAL SECRETARY.

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THE RECOVERY OFFICER N1-441 AND ASST. REGISTRAR OF CO OERATIVE SOCIETIES KARNATAKA RAJYA SOUHARDA SAMSTHE SAHAKARA NIYAMITA ALI ASKAR ROAD NEAR RAJ BHAVAN VASANTH NAGAR

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BENGALURU - 560 052.

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MATHRUBHOOMI SOUHARDHA CO OPERATIVE LTD GURUPURA KAIKAMBA KINNIKAMBALA MANGALURU - 574154 REP BY ITS CHIEF EXECUTIVE OFFICER. REGISTERED UNDER CO-OPERATIVE SOCITIES ACT.

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... RESPONDENTS

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(BY SMT. KAVITHA H.C, HCGP FOR R1 TO R2; SRI. VITTALA SHETTY P, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE AUCTION NOTICE IN FORM NO.8, ISSUED UNDER RULE 17(2)(d) DATED 31.05.2022 IN EP.NO.1077/2021-22, AND THE SALE NOTICE IN FORM NO.9 DATED 31.05.2022 IN EP NO.1077/2021-22 ISSUED BY THE R2 FIXING THE DATE FOR AUCTION OF PROPERTY OF THE PETITIONER ON 09.07.2022 AT 11.00 AM VIDE ANNEXURES-A AND B

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The petitioner, whose property situated in Balkunje Village, Mangalore Taluk is brought to auction

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vide the impugned sale notices dated 31.5.2022 (Annexures-A and B), has filed this petition for quashing of such notices. The petitioner's grievance with the impugned notices is that they are issued contrary to Rule 17 of the Karnataka Souharda Co-operative Rules 2004. The petitioner submits that in terms of these Rules, the auction sale should be held either at the property which is proposed for auction or in the prominent property in the immediate vicinity of such property, but the proposed auction is scheduled to be held at the Society's Head Quarters.

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Sri. Rajashekar S., learned counsel for the petitioner, submits that the petitioner, notwithstanding this grievance, would deposit a sum of Rs.2,50,000/within the next three days and the remaining amount in two or three installments but the entire amount would be deposited on or before 31.12.2022. This would ensure that the Co-operative Society is able to recover

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its dues without any precipitation and litigation. This Court could also observe that if there is default in depositing any amount in terms of the liberty reserved, the Society could immediately take action to bring the subject property to sale. When queried, Sri. S Rajsehkar submits that the petitioner would file an affidavit in this regard.

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This Court, in the circumstances of the case and upon hearing Ms. H.C.Kavitha, the learned High Court Government Pleader who appears for the authorities, is of the considered view that the impugned notices must be quashed with liberty to the petitioner to deposit Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) with the Co-operative Society on or before 09.07.2022, without waiting for a certified copy of this order and deposit the remaining amount on or before 31.12.2022 subject to the condition that the petitioner shall file an affidavit in this regard within a week from today. It

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would be needless to observe that if the petitioner commits default in paying either the first amount of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) or the entire amount on or before 31.12.2022, the Cooperative Society shall be at liberty to initiate action in accordance with the Rules for bringing the subject property to sale.

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Sd/JUDGE

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Arun Kumar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Arun Kumar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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