Disposed

Shri Dinesh Kumar B v. the State of Karnataka

Karnataka HC1 Sept 2022WP/6057/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition seeking to quash auction notice notices for a co-operative society execution matter, holding that equally efficacious alternative remedies were available without expressing an opinion on merits.

What did the court decide?

Writ petition disposed of reserving liberty to petitioner for alternative remedies; no opinion expressed on merits.

Shri Dinesh Kumar B Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF SEPTEMBER 2022

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BEFORE

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THE HON'BLE MR.JUSTICE S.R. KRISHNA KUMAR

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W.P.No.6057 OF 2021(CS-RES)

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BETWEEN:

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Shri. Dinesh Kumar B., S/o Late. B.Sadashiva, Aged about 52 years, Door No.3-117/3, L.S.Nivasa, Rajarajeshwari Siddhi Vinayaka Road, Kuthar, Mangaluru, Permannur-575 017, Dakshina Kannada District. ... Petitioner

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(By Sri. S. Rajashekar, Advocate)

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AND:

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The State of Karnataka Department of Co-operation, Represented by its Principal Secretary, 1^st Floor, Vikasa Soudha, Dr.B.R. Ambedkar Veedhi, Bengaluru-560 001.

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The Recovery Officer for Co-Operative Societies & The Assistant Registrar for Co-operative Societies, Office of the Assistant Registrar of Co-operative Societies, Mangaluru Sub-Division,

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Sahakari Mahal, Mission Street, Mangaluru-575 001. Dakshina Kannada District.

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Athmashakthi Vividhdhodesha Sahakari Sangha Niyamita, Office at: Shree Arcade, Bendoorwell, Kankanady, Mangaluru-575 002, Dakshina Kannada District, Represented by its Branch Manager.

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...Respondents

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(By Smt. H.C.Kavitha, HCGP. For R1 & R2: Sri. Abhishek Marla, 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 notice dated: 19.02.2021 issued by the R2 in Execution Petition No.45/2019-2020 fixing the date of auction on 29.03.2021 vide Annexure-A and B and etc.

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This writ petition, coming on for orders, this day, the Court made the following:

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ORDER

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In this petition, the petitioner has sought for the following relief:

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“Issue a writ of certiorari to quash the notices dated 19.02.2021 issued by the second respondent in Execution Petition No.45/2019-20 fixing the date of auction on 29.03.2021 vide Annexures A and B.”

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Heard learned counsel for the petitioner, learned HCGP for respondent Nos. 1 and 2 and learned counsel for respondent No.3 and perused the materials on record.

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Though several contentions have been urged by both sides, having regard to the fact that equally efficacious and alternative remedies are available in favour of the petitioner to challenge the impugned proceedings/award/orders, etc., without expressing any opinion on the merits/de-merits of the rival contentions, I deem it just and proper to dispose of this petition reserving liberty in favour of the petitioner to take recourse to such remedies as available in law.

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Subject to the aforesaid direction and liberty reserved in favour of the petitioner, petition stands disposed of.

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Sd/JUDGE

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Cm/-

Shri Dinesh Kumar B v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri Dinesh Kumar B v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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