Quashed

Poornima v. the State of Karnataka

Karnataka HC19 Jul 2022WP/13958/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed sale auction notices issued by the Cooperative Society to recover dues. The court allowed the petitioner an undertaking to deposit dues in installments, permitting the society to re-auction only upon default in these payments. The petition was disposed of following this order.

What did the court decide?

The impugned notices dated 08.06.2022 are quashed; the petitioner is granted liberty to pay dues in installments; the society may re-auction upon default.

Poornima 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 19^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.13958/2022 (CS-RES)

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BETWEEN :

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POORNIMA W/O SHIVAPRAKASH AGED 37 YEARS DOOR NO.5947 NO 2-145/320 ASHRAYA COLONY MURUKATTE, KUMPALA KOTEKAR POST, SOMESHWARA MANGALORE TALUK D K DISTRICT - 575 022.

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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 OPERASTION 1^ST FLOOR, VIKASA SOUDHA DR B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 REP BY PRINCIPAL SECRETARY.

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THE ASST. REIGSRAR OF CO OPERATIVE SOCIETIES AND RECOVER OFFICER MANGALURU SUB DIVISON MANGALURU D K - 575 001.

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JAGRITHA MULTIPURPOSE CO-OPERATIVE SOCIETY LTD JAGRITHI SADANA, TEMPLE ROAD ULLAL, MANGALURU D K DISTRICT - 575 020 REP BY CHIEF EXECUTIVE OFFICE.

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... RESPONDENTS

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(BY SMT. H.C. KAVITHA, HCGP FOR R1 & R2 SRI.PRASANNA V.R, 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 8 ISSUED UNDER RULE 38 OF SEC (2)(d) DATED 8.6.2022 IN CEP NO.6/2022-23 AND ALSO THE SALE NOTICE IN FORM NO.9 DATED 8.6.2022 IN DISPUTE NO.142/2021-22 ISSUED BY THE R-2 FIXING THE DATE OF AUCTION OF PROPERTY OF THE PETITIONER ON 21.7.2022 VIDE ANNEXURES-A AND B.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

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The petitioner has impugned the sale auction notices dated 08.06.2022 [ Annexures-A and B ] in Dispute No.142/2021-22 issued under of the Karnataka Co-operative Societies Rules,1960 [for short, 'the Rules' ]. The petitioner's property is notified for sale to recover a sum of Rs.3,60,900/-. The petitioner has impugned the

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sale auction notice on the limited ground that it is issued in violation of Rule 38[2][g] of the Rules.

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Sri. S. Rajashekar, the learned counsel for

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the petitioner as also Sri. Prasanna V R, the learned counsel, who accepts notice for the third respondent and Smt. H.C. Kavitha, learned Government Pleader for the first and second respondent, are heard for final disposal.

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Sri. S. Rajashekar submits that the auction notices must fail in law because of non-compliance with Rule 38[2][g] of the Rules, but he cannot gainsay that even if these notices were to fail, the third respondentsociety can always re-issue sale Notices because the Award is not contested. In fact, he submits that the petitioner, who is keen to save her property, will deposit 10% of the amount notified on or before 21.07.2022

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without waiting for a certified copy of this order and pay the remaining amount in the following manner:

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[a] 15% of the notified amount on or before 15.09.2022. [b] 40% of the notified amount on or before 30.11.2022. [c] 35% of the notified amount on or before 31.01.2023.

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If the petitioner could pay the amount

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notified that were due as of 31.01.2023 in terms of the undertaking, the third respondent would have recovered the amount without precipitation. Therefore, the following:

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ORDER

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[a] The petition stands disposed of;

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[b] The impugned Notices dated

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08.06.2022 in Dispute No.142/2021-22 of

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the second respondent [Annexures-A & B]

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stand quashed, with liberty to the third respondent to re-auction in the event there is any default in the petitioner depositing 10% of the notified amount before 21.07.2022 or 15% of such amount before 15.09.2022 or 40% of such amount before 30.11.2022 or 35% before 31.01.2023.

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[c] The petitioner shall file an affidavit in terms of the submission now made and such affidavit shall be filed within a week from today.

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SD/JUDGE

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AN/-

Poornima v. the State of Karnataka

Case brief

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What did the court decide?

Poornima v. the State of Karnataka

Case brief

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