Dismissed

Shashidhar v. the State of Karnataka

Karnataka HC17 Aug 2022WP/14006/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought to quash a sale auction notice issued regarding cooperative society property. The court held that an equally efficacious alternative remedy existed via statutory appeal and dismissed the petition while reserving liberty to approach the court on appeal failure.

What did the court decide?

Writ petition disposed of; liberty reserved to prefer statutory appeal within four weeks with benefit of Section 14 of Limitation Act.

Shashidhar Vs the State of Karnataka — Property and Title | Karnataka HC (2022)

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¹

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IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 17^TH DAY OF AUGUST, 2022

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BEFORE

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THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No. 14006 OF 2022 (CS-RES)

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BETWEEN:

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SHASHIDHAR S/O LATE UGRAPPA, AGED 42 YEARS R/AT SAHAMOORU VILALGE PANGEMANGALURU HOBLI BANTWAL TALUK, D K DISTR 574 231.

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…PETITIONER

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(BY SRI. RAJASHEKAR.S., ADV.)

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AND:

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1 . THE STATE OF KARNATAKA DEPT OF CO OPERATION 1^ST FLOOR, VIKASA SOUDHA DR B R AMBEAKR VEEDI BENGALURU 560 001.

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REP BY PRINCIPAL SECRETARY

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2 . THE ASST REGISTRAR OF CO OPERAITVE SOCIETIS AND RECOVER OFFICER, PUTTUR SUB DIVISON D K DISTGRICT, MANGALURU

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3 . THE VIJAYA CREDIT CO OPERATIVE SOCIETY LTD GUNIVAYANAKERE, BELTHANGADY TQ D K DIST 574217 REP BY AUTHORISED OFFICER

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…RESPONDENTS (BY SMT. H.C.KAVITHA., HCGP FOR R-1 & R-2 R-3 SERVED AND UNREPERSENTED)

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THIS W.P. 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 38(2) (d) OF THE KARNATAKA CO-OPERATIVE SOCIETIES RULES, 1960 DTD 21.06.2022 IN C.E.P.NO.23/2021-22 IN DISPUTE NO.JRM/ DDS/ 1290/2020-21 AND THE SALE NOTICE IN FORM NO.9 IN C.E.P.NO.23/2021-22 IN DISPUTE NO.JRM/DDS/1290/2020-21 DTD

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²

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21.06.2022 FIXING THE DATE OF AUCTION OF THE PROPERTY ON 04.08.2022 VIDE ANNEXURES-A AND B.

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THIS W.P. COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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In this petition, petitioner has sought for the following

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reliefs:-

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“ (i) Issue writ of certiorari to quash the sale Auction notice in Form No. 8, issued under Rule 38(2) (d) of the Karnataka Co-operative Societies Rules, 1960 dated: 21.06.2022 in C.E.P.No.23/2021-22 in Dispute No. RM/DDS/1290/2020-21 and the Sale Notice in Form No.9 in C.E.P. No. 23/2021-22 in Dispute No. JRM/DDS/1290/2020-21 dated: 21.06.2022 fixing the date of auction of the property on 04.08.2022 vide Annexure-A & B.

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(ii) Grant such other & further relief’s as this Hon’ble Court deems fit and proper under the facts & circumstances of the case in the interest of justice.”

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Heard learned counsel for the petitioner and

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learned HCGP for the respondents – State and perused the material on record.

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³

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Though several contentions have been urged by

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both sides, in view of availability of equally efficacious and alternative remedy in favour of the petitioner to challenge the award dated 06.08.2021 by way of statutory appeal, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of the petition by reserving liberty in favour of the petitioner to prefer an appeal against the aforesaid award dated 06.08.2021 in accordance with law. If such an appeal is preferred within a period of four weeks from today, the petitioner would be entitled to the benefit of Section 14 of the Limitation Act.

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Subject to the aforesaid directions, the petition

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stands disposed of.

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Sd/JUDGE

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Srl.

Shashidhar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shashidhar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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Statutes considered

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